HB1246: HB1246 Clayton, City of; provide new charter

26 LC 47 3892/AP House Bill 1246 (AS PASSED HOUSE AND SENATE) By: Representative Anderson of the 10th A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Clayton; to provide for reincorporation, boundaries,1 and powers of the city; to provide for the examples of powers; to provide for the governing2 structure of such city and the powers, duties, authority, elections, terms, removal from office,3 method of filling vacancies, compensation, and prohibitions of the city council; to provide4 for eminent domain; to provide for meetings, rules of procedure , quorums, and voting; to5 provide for ordinances; to provide for emergency ordinances; to provide for codes of6 technical regulation; to provide for authentication, recording, and codification of ordinances;7 to provide for the office and certain powers and duties of the city manager and acting city8 manager; to prohibit council interference with administration; to provide for the office of9 mayor and certain duties and powers relative to the office of m ayor; to provide for the10 submission of ordinances to the mayor and a mayoral veto; to provide for a mayor pro tem;11 to provide for administrative responsibilities; to provide for boards, commissions and12 authorities; to provide for a city attorney, city clerk, and other personnel; to provide for the13 establishment of a municipal court and the judge or judges thereof; to provide for practices14 and procedures; to provide for taxation, permits, and fees; to provide for franchises, utility15 service chargers, and other chargers; to provide for service ch arges and assessments; to16 provide for bonded and other indebtedness; to provide for accou nting and budgeting; to17 provide for contracting and purchasing; to provide for sale of city property; to provide for18 H. B. 1246 - 1 - 26 LC 47 3892/AP bonds for officers; to provide for prior ordinances, current employees, and pending matters;19 to provide for penalties; to provide for definitions and constr uction; to provide for charter20 reviews; to provide for severability; to provide for related matters; to repeal specific Acts;21 to repeal conflicting laws; and for other purposes.22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 ARTICLE I24 INCORPORATION AND POWERS25 SECTION 1.10. 26 Reincorporation.27 The City of Clayton, and the inhabitants thereof, are reincorporated by the enactment of this28 charter and are hereby constituted and declared a body politic and corporate under the name29 and style of the City of Clayton, Georgia, and by that name shall have perpetual succession.30 SECTION 1.11. 31 Corporate boundaries.32 (a) The corporate boundaries of this city shall be those existing on the effective date of the33 adoption of this charter with such alterations as may be made f rom time to time in the34 manner provided by law. The boundaries of this city at all times shall be shown on a map,35 a written description, or any combination thereof, to be retained permanently in the office of36 the city clerk and to be designated, as the case may be: "Official Map (or Description) of the37 corporate limits of the City of Clayton, Georgia." Photographic , typed, or other copies of38 H. B. 1246 - 2 - 26 LC 47 3892/AP such map or description certified by the city clerk shall be admitted as evidence in all courts39 and shall have the same force and effect as with the original map or description.40 (b) All future alterations of said map or description, as directed by the council to reflect41 lawful changes in the corporate boundaries, shall be signed by the mayor and city clerk. A42 redrawn map or description shall supercede, for all purposes, t he entire map or maps and43 description or descriptions which it is designated to replace.44 SECTION 1.12.45 General powers and construction.46 (a) This city shall have all powers possible for a municipality to have under the present or47 future Constitution and laws of this state as fully and complet ely as though they were48 specifically enumerated in this charter. This city shall have all the powers of49 self-government not otherwise prohibited by this charter or by general law.50 (b) The powers of this city shall be construed liberally in fa vor of the city. The specific51 mention or failure to mention particular powers shall not be construed as limiting in any way52 the powers of this city.53 SECTION 1.13. 54 Examples of powers.55 The corporate powers of the city shall include, but not be limited to, the following:56 (1) Animal regulations - to regulate and license or to prohibit the keeping or running at57 large of animals and fowl;58 (2) Appropriations and expenditures - to make appropriations f or the support of the59 government of the city; to authorize the expenditure of money f or any purposes60 H. B. 1246 - 3 - 26 LC 47 3892/AP authorized by this charter and for any purpose for which a municipality is authorized by61 the laws of the State of Georgia; and to provide for the payment of expenses of the city;62 (3) Building regulation - to regulate and to license the erect ion and construction of63 buildings and all other structures; to adopt building, housing, plumbing, fire safety,64 electrical, gas, and heating and air conditioning codes; and to regulate all housing and65 building trades;66 (4) Business regulation taxation - to levy and to provide for the collection of regulatory67 fees and taxes on privileges, occupations, trades and professions as authorized by Title68 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may69 hereafter be enacted; to permit and regulate the same; to provi de for the manner and70 method of payment of such regulatory fees and taxes; and to rev oke such permits after71 due process for failure to pay any city taxes or fees;72 (5) Condemnation - to condemn property, inside or outside the corporate limits of the73 city, for present or future use and for any corporate purpose d eemed necessary by the74 governing authority, utilizing procedures enumerated in Title 22 of the Official Code of75 Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;76 (6) Contracts - to enter into agreements and contracts with other governmental entities77 and private persons or firms and corporations;78 (7) Emergencies - to establish procedures for determining or p roclaiming that an79 emergency situation exists within the city and carrying out all reasonable provisions80 deemed necessary to deal with such an emergency for the protection, safety, health and81 well-being of the citizens of the city;82 (8) Environmental protection - to protect and preserve the natural resources, environment83 and vital areas of the city, the region, and the state through the preservation and84 improvement of air quality, the restoration and maintenance of water resources, the85 control of erosion and sedimentation, the management of stormwater and establishment86 H. B. 1246 - 4 - 26 LC 47 3892/AP of a stormwater utility, the management of solid and hazardous waste, and other87 necessary actions for the protection of the environment;88 (9) Fire regulations - to fix and establish fire limits and fr om time to time to extend,89 enlarge, or restrict the same and to describe fire safety regulations not inconsistent with90 Georgia law, relating to both fire prevention and firefighting, and to prescribe penalties91 and punishments for violations thereof;92 (10) Garbage fees - to levy, fix, assess, and collect a garbage, refuse and trash collection93 and disposal, and other sanitary service charge, tax, or fee fo r such services as may be94 necessary in the operation of the city from all individuals, fi rms, and corporations95 residing in or doing business therein benefitting from such ser vices; to enforce the96 payment of such charges, taxes or fees; and to provide for the manner and method of97 collecting such service charges;98 (11) General health, safety and welfare - to define, regulate and prohibit any act, 99 practice, conduct or use of property which is detrimental to th e health, sanitation,100 cleanliness, welfare, and safety of the inhabitants of the city ; and to provide for the101 enforcement of such standards;102 (12) Gifts - to accept or refuse gifts, donations, bequests, or grants from any source for103 any purposes related to the powers and duties of the city and t he general welfare of its104 citizens on such terms and conditions as a donor or grantor may impose;105 ( 1 3 ) H e a l t h a n d s anitation - to prescribe standards of health and sanitation and to106 provide for the enforcement of such standards;107 (14) Jail sentences - to provide that persons given jail sentences in the city's court may108 work out such sentences in any public works or on the streets, roads, drains and other109 public property in the city, to provide for commitment of such persons to any jail, to110 provide for the use of pretrial diversion and any alternative sentencing allowed by law,111 or to provide for commitment of such persons to any county work camp or county jail by112 agreement with the appropriate county officials;113 H. B. 1246 - 5 - 26 LC 47 3892/AP (15) Motor vehicles - to regulate operation of motor vehicles and exercise control over114 all traffic including parking upon and across streets, roads, alleys, and walkways of the115 city; 116 (16) Municipal agencies and delegation of power - to create, alter or abolish departments,117 boards, offices, commissions, and agencies of the city and to confer upon such agencies118 the necessary and appropriate authority to carry out all powers conferred upon or119 delegated to the same;120 (17) Municipal debts - to appropriate and borrow money for the payment of the debts of121 the city, and to issue bonds for the purpose of raising revenue to carry out a new project,122 program, or adventure authorized by this charter or the laws of the State of Georgia; and123 to obtain and to apply for grants for the purpose of this paragraph;124 (18) Municipal property ownership - to acquire, dispose of, le ase, or hold in trust or125 otherwise any real, personal, or mixed property, in fee simple or lesser interest inside or126 outside the limits of the city;127 (19) Municipal property protection - to provide for the preser vation and protection of128 property and equipment of the city, and the administration and use of same by the public;129 and to prescribe penalties and punishment for violations thereof;130 (20) Municipal utilities - to acquire, lease, construct, operate, maintain, sell and dispose131 of public utilities, including but, not limited to, a system of waterworks, sewers and132 drains, sewage disposal, stormwater management, gas works, electric light plants, cable133 television and other telecommunications, transportation facilities, public airports, and any134 other public utility; and to fix the taxes, charges, rates, far es, fees, assessments,135 regulations and penalties; and to provide for the withdrawal of service for refusal or136 failure to pay the same;137 (21) Nuisance - to define a nuisance and to provide for its aba tement whether it is on138 public or private property;139 H. B. 1246 - 6 - 26 LC 47 3892/AP (22) Penalties - to provide penalties for violation of any ordinance adopted pursuant to140 the authority of this charter and the laws of the State of Georgia; 141 (23) Planning and zoning - to provide comprehensive city planning for any development142 by zoning and to provide subdivision regulation and the like as the city council deems143 necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; 144 (24) Police and fire protection - to exercise the power of arrest through duly appointed145 police officers and to establish, operate, or contract for a police and a firefighting agency;146 (25) Public hazards - to provide for the destruction and removal of any building or other147 structure which is or may become dangerous or detrimental to the public;148 (26) Public improvements - to provide for the acquisition, con struction, building,149 operation and maintenance of public ways, parks and playgrounds, recreational facilities,150 cemeteries, markets and market houses, public buildings, librar ies, public housing,151 airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational,152 recreational, conservation, sport, curative, corrective, detent ional, penal and medical153 institutions, agencies and facilities; and to provide any other public improvements, inside154 or outside the corporate limits of the city; to regulate the use of public improvements; and155 for such purposes, property may be acquired by condemnation und er Title 22 of the156 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter157 be enacted;158 (27) Public peace - to provide for the prevention and punishment of loitering, disorderly159 conduct, drunkenness, riots, and public disturbances;160 (28) Public transportation - to organize and operate such public transportation systems161 as are deemed beneficial; 162 (29) Public utilities and services - to grant franchises or make contracts for, or impose163 taxes on public utilities and public service companies; and to prescribe the rates, fares,164 regulations and standards and conditions of service applicable to the service to be165 H. B. 1246 - 7 - 26 LC 47 3892/AP provided by the franchise grantee or contractor, insofar as not in conflict with valid166 regulations of the Public Service Commission;167 (30) Regulation of roadside areas - to prohibit or regulate an d control the erection,168 removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any169 and all of the structures or obstructions upon or adjacent to the rights of way of the streets170 and roads within the city and to prescribe penalties and punishment for violation of such171 ordinances;172 (31) Retirement - to provide and maintain a retirement plan or other employee benefit173 plans and programs for officers and employees of the city;174 (32) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade175 of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise176 improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and177 walkways within the corporate limits of the city; and to grant franchises and178 rights-of-way throughout the streets and roads, and over the bridges and viaducts for the179 use of public utilities; and to require real estate owners to r epair and maintain in a safe180 condition the sidewalks adjoining their lands, and to impose penalties for failure to do so; 181 (33) Sewer fees - to levy a fee, charge, or sewer tax as necessary to assure the acquiring,182 constructing, equipping, operating, maintaining, and extending of a sewage disposal plant183 and sewerage system, and to levy on those to whom sewers and se werage systems are184 made available a sewer service fee, charge or sewer tax for the availability or use of the185 sewers; to provide for the manner and method of collecting such service charges and for186 enforcing payment of the same; and to charge, impose and collect a sewer connection fee187 or fees to those connected with the system;188 (34) Solid waste disposal - to provide for the collection and disposal of garbage, rubbish189 and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by190 others; and to provide for the separate collection of glass, ti n, aluminum, cardboard,191 paper, and other recyclable materials, and to provide for the sale of such items;192 H. B. 1246 - 8 - 26 LC 47 3892/AP (35) Special areas of public regulation - to regulate or prohi bit junk dealers, the193 manufacture and sale of intoxicating liquors; to regulate the transportation, storage and194 use of combustible, explosive and inflammable materials, the use of lighting and heating195 equipment, and any other business or situation which may be dan gerous to persons or196 property; to regulate and control the conduct of peddlers and itinerant traders, theatrical197 performances, exhibitions, and shows of any kind, by taxation o r otherwise; to license198 and tax professional fortune telling, palmistry, and massage parlors; and to restrict adult199 bookstores to certain areas;200 (36) Special assessments - to levy and provide for the collection of special assessments201 to cover the costs for any public improvements;202 (37) Taxes - to levy and provide for the assessment, valuation , revaluation, and203 collection of taxes on all property subject to taxation and to levy and collect such other204 taxes as may be allowed now or in the future by law;205 (38) Taxicabs - to regulate and license vehicles operated for hire in the city; to limit the206 number of such vehicles; to require the operators thereof to be licensed; to require public207 liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to208 regulate the parking of such vehicles;209 (39) Urban redevelopment - to organize and operate an urban redevelopment program;210 and211 (40) Other powers - to exercise and enjoy all other powers, functions, rights, privileges212 and immunities necessary or desirable to promote or protect the safety, health, peace,213 security, good order, comfort, convenience, or general welfare of the city and its214 inhabitants; and to exercise all implied powers necessary or de sirable to carry into215 execution all powers granted in this charter as fully and compl etely as if such powers216 were fully stated herein; and to exercise all powers now or in the future authorized to be217 exercised by other municipal governments under other laws of the State of Georgia; and218 no listing of particular powers in this charter shall be held to be exclusive of others, nor219 H. B. 1246 - 9 - 26 LC 47 3892/AP restrictive of general words and phrases granting powers, but s hall be held to be in220 addition to such powers unless expressly prohibited to municipa lities under the221 Constitution or applicable laws of the State of Georgia.222 SECTION 1.14.223 Exercise of powers.224 All powers, functions, rights, privileges and immunities of the city and its officers, agencies,225 or employees shall be carried into execution as provided by this charter. If this charter makes226 no provision, such powers, functions, rights, privileges and immunities shall be carried into227 execution as provided by ordinance of the governing authority and as provided by pertinent228 laws of the State of Georgia.229 ARTICLE II230 GOVERNMENT STRUCTURE231 SECTION 2.10.232 Form of Government.233 The City of Clayton shall operate under the council manager for m of government. The234 general duties of the council shall be to set policy; the general duties of the manager shall be235 to carry out those policies. 236 H. B. 1246 - 10 - 26 LC 47 3892/AP SECTION 2.11.237 Terms and qualifications for office.238 The mayor and members of the city council shall serve four-year terms of office and until239 their respective successors are elected and qualified. No person shall be eligible to serve as240 mayor or councilmember unless that person shall have been a res ident of the city for 12241 months prior to the date of election of mayor or councilmembers . The Mayor and each242 councilmember shall continue to reside therein during that member's period of service and243 to be registered and qualified to vote in municipal elections o f this city and meet the244 qualification standards required for members of the Georgia House of Representatives as are245 now or may in the future be prescribed by the Georgia Constitution.246 SECTION 2.12.247 Vacancy; filling of vacancies.248 (a) The office of mayor or councilmember shall become vacant upon the incumbent's death,249 resignation, ceasing to be a resident of the city, forfeiture o f office or removal from office250 in any manner authorized by this charter or the laws of the State of Georgia.251 (b) The mayor or any councilmember shall forfeit their office if he or she:252 (1) Lacks at any time during the term of office any qualificat ions of the office as253 prescribed by this charter or the laws of the State of Georgia; 254 (2) Willfully and knowingly violates any express prohibition of this charter; or255 (3) Is convicted of a crime involving moral turpitude.256 (c) A vacancy in the office of mayor or councilmember shall be filled for the remainder of257 the unexpired term, if any, by appointment by the city council or those members remaining258 if less than 12 months remain in the unexpired term. If such va cancy occurs 12 months or259 more prior to the expiration of the term of that office, the va cancy shall be filled for the260 H. B. 1246 - 11 - 26 LC 47 3892/AP remainder of the unexpired term by a special election, as provided for in Section 5.12 of this261 charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated,262 or other such laws as are or may hereafter be enacted.263 (d) This provision shall also apply to a temporary vacancy created by the suspension from264 office of the mayor or any councilmember.265 SECTION 2.13.266 Compensation; expenses.267 The mayor and councilmembers shall receive a compensation for their services an amount268 prescribed by ordinance passed by the council in conformity wit h the laws of the State of269 Georgia. The mayor and councilmembers shall be entitled to rece ive their actual and270 necessary expenses incurred in the performance of their duties of office.271 SECTION 2.14.272 Prohibitions.273 (a) Elected and appointed officers of the city are trustees and servants of the residents of the274 city and shall act in a fiduciary capacity for the benefit of such residents. 275 (b) Except as authorized by law, no member of the council shal l hold any other elective276 municipal office or municipal employment in the City of Clayton during the term for which277 he or she was elected.278 (c) Neither the mayor nor any councilmember shall vote upon, sign or veto any ordinance,279 resolution, contract or other matter in which he or she is personally interested.280 H. B. 1246 - 12 - 26 LC 47 3892/AP SECTION 2.15.281 General power and authority of the city council.282 (a) Except as otherwise provided by law or by this charter, the city council shall be vested283 with all the powers of government of the City of Clayton provided in Article I of this charter.284 (b) In addition to all other powers conferred on it by law, t he city council hall have the285 authority to adopt and provide for the execution of such ordina nces, resolutions, rules and286 regulations, not inconsistent with this charter, the Constitution and the laws of the State of287 Georgia, which it shall deem necessary, expedient or helpful fo r the peace, good order,288 protection of life and property, health and welfare, sanitation , comfort, convenience,289 prosperity or well-being of the inhabitants of the City of Cla yton and may enforce such290 ordinances, resolutions, rules and regulations by imposing penalties for violation thereof.291 (c) The city council may, by ordinance create, change, alter, abolish, or consolidate offices,292 agencies and departments of the city and may assign additional functions to any of the293 offices, agencies and departments expressly provided for by this charter.294 SECTION 2.16.295 Eminent domain.296 The city council is hereby empowered to acquire, construct, ope rate and maintain public297 ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,298 sewers, drains, sewage treatment, waterworks, electrical system s, gas systems, airports,299 hospitals, and charitable, educational, recreational, sport, cu rative, corrective, detentional,300 penal and medical institutions, agencies and facilities, and any other public improvements301 inside or outside the city, and to regulate the use thereof, an d for such purposes, property302 may be condemned under procedures established under general law applicable now or as303 provided in the future.304 H. B. 1246 - 13 - 26 LC 47 3892/AP SECTION 2.17.305 Meetings.306 (a) The city council shall hold regularly scheduled meetings at such times and places as shall307 be prescribed by ordinance. 308 (b) Special meetings of the city council may be held on call of the mayor or three members309 of the city council. Notice of such special meetings shall be served on all other members310 personally, or by telephone personally, at least 24 hours in ad vance of the meeting. Such311 notice to councilmembers shall not be required if the mayor and all councilmembers are312 present when the special meeting is called. Such notice of any special meeting may be313 waived by a councilmember in writing before or after such a meeting, and attendance at the314 meeting shall also constitute a waiver of notice on any busines s transacted in such315 councilmembers presence. Only the business stated in the call may be transacted at the316 special meeting. 317 (c) All meetings of the city council shall be public to the extent required by law and notice318 to the public of where such special meetings shall be held shal l be made fully as is319 reasonably possible and provided by O.C.G.A. § 50-14-1 or such other applicable laws as are320 or may be hereafter enacted. 321 SECTION 2.18.322 Rules of procedure.323 The city council shall adopt its rules of procedure such as Robert's Rules of Order and order324 of business consistent with the provisions of this charter and shall provide for the keeping325 of a journal of its proceedings, which shall be a public record.326 H. B. 1246 - 14 - 26 LC 47 3892/AP SECTION 2.19.327 Quorum; voting.328 (a) The mayor or mayor pro tem and three councilmembers shall constitute a quorum and329 shall be authorized to transact business of the city council. Voting on the adoption of330 ordinances shall be by voice vote and the vote shall be recorde d in the journal, but any331 member of the city council shall have the right to request a roll call vote and such vote shall332 be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote333 of three councilmembers shall be required for the adoption of any ordinance, resolution, or334 motion.335 (b) No member of the city council shall abstain from voting on any matter properly brought336 before the council for official action except when such council member has a conflict of337 interest which is disclosed in writing prior to or at the meeti ng and made a part of the338 minutes. Any member of the city council present and eligible to vote on a matter and refusing339 to do so for any reason other than a properly disclosed and recorded conflict of interest shall340 be deemed to have acquiesced or concurred with the members of the majority who did vote341 on the question involved.342 SECTION 2.20.343 Enactment of ordinances.344 (a) Except as herein provided, every official action of the city council which is to become345 law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the346 form required for final adoption. No ordinance shall contain a subject which is not expressed347 in its title. The enacting clause shall be: "Be it ordained by the city council of Clayton..." 348 Any ordinance which repeals or amends an existing ordinance shall set forth the ordinance349 sections or subsections to be repealed or amended.350 H. B. 1246 - 15 - 26 LC 47 3892/AP (b) An ordinance may be introduced by any city councilmember a nd read at a regular or351 special meeting of the city council. Ordinances shall be considered and adopted or rejected352 by the city council in accordance with the rules which it shall establish. Every ordinance353 which becomes law shall be signed by the mayor.354 SECTION 2.21.355 Action requiring an ordinance.356 Acts of the city council which have the force and effect of law shall be enacted by ordinance. 357 SECTION 2.22. 358 Emergencies.359 (a) To meet a public emergency affecting life, health, propert y or public peace, the city360 council may convene on call of the mayor or two councilmembers and promptly adopt an361 emergency ordinance, but such ordinance may not levy taxes; gra nt, renew or extend a362 franchise; regulate the rate c harged by any public utility for its services; or authorize the363 borrowing of money except for loans to be repaid within 30 days. An emergency ordinance364 shall be introduced in the form prescribed for ordinances gener ally, except that it shall be365 plainly designated as an emergency ordinance and shall contain, after the enacting clause,366 a declaration stating that an emergency exists, and describing the emergency in clear and367 specific terms. An emergency ordinance may be adopted, with or without amendment, or368 rejected at the meeting at which it is introduced, but the affi rmative vote of at least the369 majority of councilmembers shall be required for adoption. It shall become effective upon370 adoption or at such later time as it may specify. Every emerge ncy ordinance shall371 automatically stand repealed 30 days following the date upon which it was adopted, but this372 shall not prevent reenactment of the ordinance in the manner specified in this section if the373 H. B. 1246 - 16 - 26 LC 47 3892/AP emergency still exists. An emergency ordinance may also be rep ealed by adoption of a374 repealing ordinance in the same manner specified in this section for adoption of emergency375 ordinances. 376 (b) Such meetings shall be open to the public to the extent required by law and notice to the377 public of emergency meetings shall be made as fully as is reasonably possible in accordance378 with Code Section 50-14-1 of the Official Code of Georgia Annot ated, or such other379 applicable laws as are or may hereafter be enacted.380 SECTION 2.23.381 Code of technical regulation.382 (a) The city council may adopt any standard code of technical regulations by reference383 thereto in an adopting ordinance. The procedure and requirements governing such adopting384 ordinance shall be as prescribed for ordinances generally except that a copy of each adopted385 code of technical regulations, as well as the adopting ordinance, shall be authenticated and386 recorded by the clerk pursuant to Section 2.21 of this charter.387 (b) Copies of any adopted code of technical regulations shall be made available by the clerk388 for distribution or for purchase at a reasonable price.389 SECTION 2.24.390 Authentication, recording and codification of ordinances.391 (a) The city clerk shall authenticate by his or her signature and record in full, in a properly392 indexed book kept for that purpose, all ordinances adopted by the city council.393 (b) The city council may provide for the preparation of a gene ral codification of all394 ordinances of the city having the force and effect of law. The general codification may be395 adopted by the council by ordinance, and if so adopted, shall be known as "The Code of the396 H. B. 1246 - 17 - 26 LC 47 3892/AP City of Clayton, Georgia." All ordinances enacted subsequent to the adoption of the code397 shall be incorporated therein.398 SECTION 2.25.399 City manager; appointment; qualifications; compensation.400 The city council shall appoint a city manager, also known as "the manager," for an indefinite401 term and shall fix the manager's compensation. The manager shall be appointed solely on402 the basis of executive and administrative qualifications. He or she need not be a resident of403 the city or state at the time of his or her appointment.404 SECTION 2.26.405 Removal of city manager.406 (a) The city council may remove the manager from office in accordance with the following407 procedures: 408 (1) The city council shall adopt by affirmative vote of a majo rity of all its members a409 preliminary resolution which must state the reasons for removal and may suspend the410 manager from duty for a period not to exceed 45 days. A copy of the resolution shall be411 delivered promptly to the manager; 412 (2) Within five days after a copy of the resolution is delivered to the manager, the manager413 may file with the city council a written request for a public hearing. This hearing shall be414 held within 30 days after the request is filed. The manager ma y file with the council a415 written reply not later than five days before the hearing. At the hearing, the manager shall416 have the right to be represented by counsel, to present evidence, and to cross-examine any417 witnesses against him or her; and418 H. B. 1246 - 18 - 26 LC 47 3892/AP (3) If the manager has not requested a public hearing within t he time specified in419 paragraph (2) of this section, the city council may adopt a fin al resolution for removal,420 which may be made effective immediately, by an affirmative vote of a majority of all its421 members. If the manager has requested a public hearing, the city council may adopt a final422 resolution for removal, which may be made effective immediately, by an affirmative vote423 of a majority of all its members at any time after the public hearing.424 (b) The city manager may be removed from office with cause. If removed without cause,425 he or she shall be entitled to receive his or her regular salary for a period of 30 days from the426 effective date of the final resolution of removal.427 (c) The city manager shall give 30 days written notice of resignation or forfeit accumulated428 vacation payout.429 SECTION 2.27.430 Acting city manager.431 By letter filed with the city clerk, the manager shall designate, subject to approval of the city432 council, a qualified city administrative officer to exercise the powers and perform the duties433 of manager during the manager's temporary absence or physical or mental disability. During434 such absence or disability, the city council may revoke such de signation at any time and435 appoint another officer of the city to serve until the manager shall return or the manager's436 disability shall cease.437 SECTION 2.28.438 Powers and duties of the city manager.439 The city manager shall be the chief operating officer of the ci ty. The manager shall be440 responsible to the mayor and city council for the administration of all city affairs placed in441 H. B. 1246 - 19 - 26 LC 47 3892/AP the manager's charge by or under this charter. As the chief ad ministrative officer, the442 manager shall:443 (1) Attend all meetings of the city council;444 (2) Draw and sign vouchers upon depositories, and keep, or cause to be kept, a true and445 accurate account of same. Such vouchers shall be counter signe d by two authorized446 signatories; 447 (3) Be responsible for the signature and issuance of all licenses issued by the city; issuance448 of receipts for all moneys paid to the city; and deposit of sai d moneys in the proper449 depositories on the first banking day after receipt; 450 (4) Provide administrative services as required by the mayor and the council;451 (5) Except as provided for in this charter, appoint and suspend or remove any employee452 of the city. The city manager may authorize any administrative officer who is subject to453 his or her direction and supervision to exercise these powers with respect to subordinates454 in that officer's department, office, or agency within the guid elines of stated personnel455 policies and procedures;456 (6) Direct and supervise the administration of all departments, offices, and agencies of the457 city, except as otherwise provided by this charter or by law; 458 (7) See that all laws, provisions of this charter, and acts of the council are faithfully459 executed;460 (8) Is the budget officer for the city;461 (9) Prepare and submit annually a balanced budget, budget message, and capital program462 if requested to the council;463 (10) Keep the council fully advised as to the financial condit ion and future needs of the464 city and make such recommendations to the Council concerning the affairs of the city;465 (11) Sign contracts on behalf of the city to the extent authorized by the council; and466 (12) Perform other such duties as are specified in this charter or as may be directed by the467 council.468 H. B. 1246 - 20 - 26 LC 47 3892/AP SECTION 2.29.469 Council interference with administration.470 The mayor and city council or its members shall deal with city employees and employees471 who are subject to the direction and supervision of the manager solely through the manager,472 and neither the mayor or city council nor its members shall give orders to any such officer473 or employee, either publicly or privately.474 SECTION 2.30.475 Powers and duties of mayor.476 The mayor shall be the chief executive officer of the City of Clayton. He or she shall possess477 all of the executive and administrative powers granted to the city under the Constitution and478 laws of the State of Georgia, and all the executive and adminis trative powers contained in479 this charter. The mayor shall:480 (1) Preside at all meetings of the city council;481 (2) Vote as a member of the council only at such times as are necessarily to break a tie or482 deadlock of the city council;483 (3) Be the official head of the city for the service of process and for ceremonial purposes;484 (4) Have power to administer oaths and to take affidavits;485 (5) Sign all written contracts entered into by the council on behalf of the city and all other486 contracts and instruments executed by the city which by law are required to be in writing;487 (6) See that all laws and ordinances of the city are faithfully executed; and488 (7) Perform other duties as may be required by law, this charter or ordinance.489 H. B. 1246 - 21 - 26 LC 47 3892/AP SECTION 2.31.490 Submission of ordinances to the mayor; veto power.491 (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to492 the mayor.493 (b) The mayor, within four calendar days of receipt of an ordi nance, shall return it to the494 clerk with or without his or her approval, or with his or her disapproval. If the ordinance has495 been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance496 is neither approved nor disapproved, it shall become law at noon on the tenth calendar day497 after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council498 through the clerk a written statement of his or her reasons for his or her veto. The clerk shall499 record upon the ordinance the date of its delivery to and receipt from the mayor.500 (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its501 next meeting and should the city council then or at its next ge neral meeting adopt the502 ordinance by an affirmative vote of four members, it shall become law.503 SECTION 2.32.504 Position of mayor pro tem.505 At the first regular meeting of the city council in January, the city council shall elect a mayor506 pro tem from among its membership. During the absence or physical or mental disability of507 the mayor for any cause, the mayor pro tem, or in the mayor pro tem's absence or disability508 for any reason, any one of the councilmembers chosen by a majority vote of the city council,509 shall be clothed with all the rights and privileges of the mayor and shall perform the duties510 of the office of the mayor so long as such absence or disabilit y shall continue. Any such511 absence or disability shall be declared by majority vote of all councilmembers. The mayor512 pro tem or selected councilmember shall sign all contracts and ordinances in which the513 H. B. 1246 - 22 - 26 LC 47 3892/AP mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When514 acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the515 council.516 ARTICLE III 517 ORGANIZATIONAL AND GENERAL PROVISIONS518 SECTION 3.10.519 Administrative and service departments.520 (a) Except as otherwise provided in this charter, the city cou ncil, by ordinance, shall521 prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all522 nonelective offices, positions of employment, departments, and agencies of the city, as523 necessary for the proper administration of the affairs and government of this city.524 (b) Except as otherwise provided by this charter or by law, the directors of departments and525 other appointed officers of the city shall be appointed solely on the basis of their respective526 administrative and professional qualifications.527 (c) All appointed officers and directors of departments shall receive such compensation as528 prescribed by ordinance or resolution.529 (d) There shall be a director of each department or agency who shall be its principal officer. 530 Each director shall, subject to the direction and supervision o f the city manager, be531 responsible for the administration and direction of the affairs and operations of that director's532 department or agency.533 (e) All appointed officers and directors under the supervision of the city manager shall be534 nominated by the city manager with confirmation of appointment by the city council. All535 appointed officers and directors shall be employees at will and subject to removal or536 suspension at any time by the city manager unless otherwise provided by law or ordinance.537 H. B. 1246 - 23 - 26 LC 47 3892/AP SECTION 3.11.538 Boards, commissions, and authorities.539 (a) All members of boards, commissions and authorities of the city shall be appointed by the540 city council for such terms of office and such manner of appoin tment as provided by541 ordinance, except where other appointing authority, term of office or manner of appointment542 is prescribed by this charter or by applicable state law. The city manager shall be an ex543 officio member of all such boards, commissions and authorities and shall act as liaison544 officer between them and the mayor and the council.545 (b) Any vacancy in office of any member of a board, commission, or authority of the city546 shall be filled for the unexpired term in the manner prescribed herein for original547 appointment, except as otherwise provided by this charter or any applicable state law.548 (c) No member of any board, commission or authority shall assu me office until he or she549 shall have executed and filed with the clerk of the city an oath obligating himself or herself550 to faithfully and impartially perform the duties of his or her office, such oath to be prescribed551 by ordinance of the council and administered by the mayor.552 (d) Any member of any board, commission or authority may be re moved from office, for553 cause by a two-thirds vote of the members of the council.554 (e) Members of boards, commissions and authorities may receive such compensation and555 expenses in the performance of their official duties as prescribed by ordinance.556 (f) The qualifications required of members of boards, commissions and authorities shall be557 as prescribed by ordinance.558 (g) Except as otherwise provided by this charter or by applica ble state law, each board,559 commission or authority of the city government shall elect one of its members as chairman560 and one member as vice-chairman for terms of one year and may elect as its secretary one561 of its own members or may appoint as secretary an employee of t he city. Each board,562 commission, or authority of the city government may establish s uch bylaws, rules and563 H. B. 1246 - 24 - 26 LC 47 3892/AP regulations, not inconsistent with this charter, ordinances of the city, or applicable state law,564 as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be565 filed with the clerk of the city.566 SECTION 3.12.567 City attorney.568 The city manager shall recommend a city attorney, together with such assistant city attorneys569 as may be authorized as needed and such recommendation will be approved by council. The570 city manager shall provide for the payment of such attorney or attorneys for services571 rendered to the city. The city attorney shall be a member in good standing with the State Bar572 of Georgia. The city attorney shall be responsible for providing for the representation and573 defense of the city in all litigation in which the city is a party; may be the prosecuting officer574 in the municipal court; shall attend the meetings of the council as directed; shall advise the575 city council, mayor, and other officers and employees of the city concerning legal aspects of576 the city's affairs; and shall perform such other duties as may be required by virtue of the577 person's position as city attorney. The city attorney is not a public official of the city and578 does not take an oath of office. The city attorney shall at al l times be an independent579 contractor. A law firm, rather than an individual, may be designated as the city attorney.580 SECTION 3.13.581 Personnel Administration.582 The city manager shall be responsible for the preparation of a position classification and pay583 plan which shall be submitted to the city council for approval. Such plan may apply to all584 employees of the city and any of its agencies, departments, boa rds, commissions or585 authorities. When a pay plan has been adopted, the city council shall not increase or decrease586 H. B. 1246 - 25 - 26 LC 47 3892/AP the salary range applicable to any position except by amendment of such pay plan. For587 purposes of this section, all elected and appointed city officials are not city employees.588 SECTION 3.14.589 Personnel Policies.590 All employees of the city serve at-will and may be removed from office at any time, unless591 otherwise provided by ordinance. 592 SECTION 3.15.593 City clerk.594 The city manager shall recommend a city clerk, also known as 'the clerk,' who shall not be595 a councilmember and recommendation shall be approved by council . The city clerk shall596 keep a journal of the proceedings of the city council; maintain in a safe place all records and597 documents pertaining to the affairs of the city and perform suc h other duties as may be598 required by law or as the city manager may direct.599 ARTICLE IV600 MUNICIPAL COURT601 SECTION 4.10.602 Creation; name.603 There shall be a court to be known as the Municipal Court of the City of Clayton.604 H. B. 1246 - 26 - 26 LC 47 3892/AP SECTION 4.11.605 Chief judge; other judges.606 (a) The municipal court shall be presided over by a chief judge and such part-time, full-time,607 or stand-by judges as shall be provided by ordinance.608 (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless609 that person shall have attained the age of 21 years and shall p ossess all qualifications610 required by law. All judges shall be appointed by the city cou ncil and shall serve until a611 successor is appointed and qualified.612 (c) Compensation of the judges shall be fixed by ordinance.613 (d) Judges shall serve a term and may be removed as provided by general law.614 (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge615 will honestly and faithfully discharge the duties of the office to the best of that person's616 ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of617 the city council.618 SECTION 4.12.619 Convening.620 The municipal court shall be convened at such times as designated by ordinance or at such621 times as deemed necessary to keep current the dockets thereof.622 H. B. 1246 - 27 - 26 LC 47 3892/AP SECTION 4.13.623 Jurisdiction; powers.624 (a) The municipal court is specifically vested with all the jurisdiction and powers throughout625 the entire area of the City of Clayton granted by state laws generally to mayor's, recorder's626 and police courts, and particularly by such laws as authorize abatement of nuisances.627 (b) The municipal court shall have authority to punish those i n its presence for contempt.628 The municipal court may fix punishment for any offense within its jurisdiction not exceeding629 the maximum allowed by city and state law.630 (c) The municipal court shall have authority to establish a schedule of fees to defray the cost631 of operation and shall be entitled reimbursement of the cost of meals, transportation and632 caretaking of prisoners bound over to superior courts for violation of state law.633 (d) The municipal court shall have authority to establish bail and recognizances to ensure634 the presence of those charged with violations before said court, and shall have discretionary635 authority to accept cash or personal or real property as surety for appearance of persons636 charged with violations. Whenever any person shall give bail fo r that person's appearance637 and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge638 presiding at such time, and an execution issued thereon by serv ing the defendant and the639 defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the640 event that cash or property is accepted in lieu of bond for sec urity for the appearance of a641 defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,642 the cash so deposited shall be on order of the judge declared forfeited to the City of Clayton,643 or the property so deposited shall have a lien against it for t he value forfeited, which lien644 shall be enforceable in the same manner and to the same extent as a lien for city property645 taxes.646 (e) The municipal court shall have the authority to bind priso ners over to the appropriate647 court when it appears by probable cause that a state law has been violated.648 H. B. 1246 - 28 - 26 LC 47 3892/AP (f) The municipal court shall have the same authority as super ior courts to compel the649 production of evidence in the possession of any party; to enfor ce obedience to its orders,650 judgments and sentences; and to administer such oaths as are necessary.651 (g) The municipal court may compel the presence of all parties necessary to a proper652 disposal of each case by the issuance of summons, subpoena and warrants which may be653 served as executed by any officer as authorized by this charter or by state law.654 (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of655 persons charged with offenses against any ordinance of the city , and each judge of the656 municipal court shall have the same authority as a magistrate of the state to issue warrants657 for offenses against state laws committed within the city.658 SECTION 4.14.659 Rules for court.660 With the approval of the city council, the judge shall have full power and authority to make661 reasonable rules and regulations necessary and proper to secure the efficient and successful662 administration of the municipal court; provided, however, that the city council may adopt in663 part or in total the rules and regulations applicable to munici pal courts. The rules and664 regulations made or adopted shall be filed with the city clerk, shall be available for public665 inspection, and, upon request, a copy shall be furnished to all defendants in municipal court666 proceedings at least 48 hours prior to said proceedings.667 SECTION 4.15.668 Petitions for review.669 The right to seek petitions for review from the decision and judgment of the municipal court670 shall exist in all criminal cases and ordinance violation cases , and such petitions shall be671 H. B. 1246 - 29 - 26 LC 47 3892/AP made to the Superior Court of Rabun County under the laws of th e State of Georgia672 regulating appeals to the superior courts.673 ARTICLE V674 ELECTIONS675 SECTION 5.10.676 Regular elections.677 (a) An election shall be held on the Tuesday after the first M onday in November of each678 year to elect councilmembers to fill the terms of those councilmembers whose terms expire679 at the end of that year and to fill the office of mayor in those years in which his or her term680 of office expires.681 (b) Nothing contained herein shall affect the offices of those persons presently serving as682 mayor and councilmembers at the date of approval of this charte r, but said officers shall683 serve out the remainder of their offices as hereinbefore may have been provided by law. 684 SECTION 5.11.685 Applicability of general law.686 (a) The procedures and requirements for election of all electe d officials of the City of687 Clayton as to primary, special and general elections shall be h eld and conducted in688 accordance with Chapter 2 of Title 21 of the Official Code of G eorgia Annotated, the689 "Georgia Election Code," as now or hereafter amended.690 (b) Elections of the City of Clayton shall be nonpartisan, and political parties shall not691 conduct primaries for city offices and all names of candidates for city offices shall be listed692 without party designations.693 H. B. 1246 - 30 - 26 LC 47 3892/AP SECTION 5.12.694 Special elections, vacancies.695 In the event that the office of mayor or councilmember shall become vacant as provided in696 Section 2.12 of this charter, the city council or those remaining shall order a special election697 to fill the balance of the unexpired term of such official; provided, however, if such vacancy698 occurs within 12 months of the expiration of the term of that office, the city council or those699 remaining may appoint a successor for the remainder of the term. In all other respects, the700 special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the701 Official Code of Georgia Annotated, the "Georgia Election Code, " as now or hereafter702 amended.703 SECTION 5.13.704 Other provisions.705 Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe706 such rules and regulations it deems appropriate to fulfill any options and duties under707 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , the "Georgia Election708 Code."709 SECTION 5.14.710 Grounds for removal.711 The mayor or any councilmember shall be subject to removal from office for any one or712 more of the following causes:713 (1) Misfeasance or malfeasance in office;714 (2) Conviction of a crime involving moral turpitude;715 H. B. 1246 - 31 - 26 LC 47 3892/AP (3) Failure at any time to possess any of the qualifications o f office as provided by this716 charter or by law;717 (4) Willful violation of any express prohibition of this charter;718 (5) Abandonment of office or neglect to perform the duties thereof; or;719 (6) Failure for any other cause to perform the duties of office as required by this charter720 or by law.721 SECTION 5.15.722 Procedures for removal.723 Removal of an elected officer from office may be accomplished b y one of the following724 methods:725 (1) By action of two-thirds vote of the entire membership of the city council. In the event726 an elected officer sought to be removed by the action of the city council, such officer shall727 be entitled to a written notice specifying the grounds for removal and to a public hearing728 which shall be held not less than ten days from the service of such written notice. Any729 elected officer sought to be removed from office as herein provided shall have the right of730 appeal from the decision of the council to the Superior Court of Rabun County such appeal731 shall be governed by the same rules as govern appeals to the su perior court from the732 probate court;733 (2) By an order of the Superior Court of Rabun County following a hearing on a complaint734 seeking such removal brought by any resident of the City of Clayton; and735 (3) By recall as now or hereafter provided by Georgia law.736 H. B. 1246 - 32 - 26 LC 47 3892/AP ARTICLE VI737 FINANCE738 SECTION 6.10.739 Property tax.740 All property subject to taxation for state or county purposes, assessed as of January 1 in each741 year, shall be subject to the property tax levied by the City of Clayton.742 SECTION 6.11.743 Tax levy.744 The city council may assess, levy and collect an ad valorem tax on all real and personal745 property within the corporate limits of the city that is subjec t to such taxation by the State746 and county. This tax is for the purpose of raising revenues to defray the costs of operating747 the city government; providing governmental services; for the r epayment of principal and748 interest on general obligations; and for any other public purpose as determined by the city749 council in its discretion.750 SECTION 6.12.751 Millage rates; due dates; payment methods.752 The city council by ordinance shall establish a millage rate for general operating funds, for753 the city property tax; a due date; and in what length of time t hose taxes must be paid. The754 city council, by ordinance, shall establish a millage rate for the city property tax, a due date,755 and the time period within which these taxes must be paid. The city council, by ordinance,756 H. B. 1246 - 33 - 26 LC 47 3892/AP may provide for the payment of these taxes by two installments or in one lump sum, as well757 as authorize the voluntary payment of taxes prior to the time when due.758 SECTION 6.13.759 Collection of delinquent taxes.760 The city council by ordinance shall have the power to assess an d collect fees, charges,761 assessments, and totals for sewer, sanitary and health services, and any other services made762 available within corporate limits of the city. If unpaid, such charges shall be collected as763 provided in Section 6.17 of this charter.764 SECTION 6.14.765 License fees, occupation taxes, excise taxes.766 The city council by ordinance shall have full power to levy such license fees and specific or767 occupation taxes upon the residents of the City of Clayton, both individual and corporate, and768 on all those who transact or offer to transact business therein , or who practice or offer to769 practice any profession or calling therein, as the city council may deem expedient for the770 public health, safety, benefit, convenience or advantage of the city; to classify businesses,771 occupations, professions or callings for the purpose of such taxation in any way which may772 be lawful; to require such persons to procure licenses; to comp e l t h e p a y m e n t o f s u c h773 licenses by execution or any other lawful manner; and to make l aws and regulations774 necessary or proper to carry out the powers herein conferred, and to prescribe penalties for775 the violation thereof. The city council shall have full power and authority to levy an excise776 tax not prohibited by general law.777 H. B. 1246 - 34 - 26 LC 47 3892/AP SECTION 6.15.778 Franchise.779 (a) The city council shall have the power to grant franchises for the use of this city's streets780 and alleys for the purposes of railroads, street railways, tele phone companies, electric781 companies, electric membership corporations, cable television and other telecommunications782 companies, gas companies, transportation companies and other similar organizations. The783 city council shall determine the duration, terms, whether the s ame shall be exclusive or784 nonexclusive, and the consideration for such franchises; provid ed, however, no franchise785 shall be granted for a period in excess of 30 years and no franchise shall be granted unless786 the city receives just and adequate compensation therefore. The city council shall provide787 for the registration of all franchises with the city clerk in a registration book kept by the788 clerk. The city council may provide by ordinance for the regis tration within a reasonable789 time of all franchises previously granted.790 (b) If no franchise agreement is in effect, the city council has the authority to impose a tax791 on gross receipts for the use of this city's streets and alleys for the purposes of railroads,792 street railways, telephone, companies, electric companies, electric membership corporations,793 cable television and other telecommunications companies, gas co mpanies, transportation794 companies and other similar organizations.795 SECTION 6.16.796 Utility service charges.797 The city council by ordinance shall have the right, power and authority to assess and collect798 fees, charges, and tolls for utility services rendered both wit hin and without the corporate799 limits of the City of Clayton, to provide for the cost and expe nse of providing for the800 operation of said utility services of the city. If unpaid, said utility service charge shall801 H. B. 1246 - 35 - 26 LC 47 3892/AP constitute a lien against any property of persons served, which lien shall be second in priority802 only to liens for county and city property taxes and shall be enforceable in the same manner803 and under the same remedies as a lien for city property taxes.804 SECTION 6.17.805 Sanitary and health service charges.806 The city council shall have authority by ordinance to provide for, to enforce, to levy and to807 collect the cost of sanitary and health services necessary in the operation of the city from all808 individuals, firms and corporations, residing in or doing business in the city benefitting from809 such service. Such authority shall include the power to assess, levy and collect annual or810 monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance811 with such classification of property and sanitary service or service provided, as may be fixed812 by ordinance. Said sanitary taxes and the assessment thereof sh all be a charge and lien813 against the real estate in respect to which said taxes are so assessed, and the owner or owners814 thereof, superior to all other liens, except liens for county and city property taxes, and shall815 be enforceable in the same manner and under the same remedies as a lien for city property816 taxes.817 SECTION 6.18.818 Special assessments.819 The city council shall have power and authority to assess all o r part of the cost of820 constructing, reconstructing, widening, or improving any public way, street, sidewalk,821 curbing, gutters, sewers, or other utility mains and appurtenan ces against the abutting822 property owners, under such terms and conditions as may be prescribed by ordinance. Such823 special assessments shall become thirty days after their due dates, shall thereupon be subject,824 H. B. 1246 - 36 - 26 LC 47 3892/AP in addition to fi.fa. charges to a penalty of ten percent and s hall thereafter be subject to825 interest at the rate of nine percent per annum from date due un til paid. A lien shall exist826 against the abutting property superior to all other liens, except that it shall be of equal dignity827 with liens for county and city property taxes, and said lien shall be enforceable by the same828 procedures and under the same remedies as provided for in this article for city property taxes.829 SECTION 6.19.830 Construction; other taxes and fees.831 The City of Clayton shall be empowered to levy any other tax or fee allowed now or832 thereafter by state law and the specific mention of any right, power or authority in this article833 shall not be construed as limiting in any way the general powers of the city to govern its local834 affairs.835 SECTION 6.20.836 Transfer of executions.837 The city clerk shall be authorized to assign or transfer any fi.fa. or execution issued for any838 tax or for any street, sewer, or other assessment in the same manner and to the same extent839 as provided by Georgia law regarding sales and transfers of fi. f a s . S u c h t r a n s f e r o r840 assignment, when made, shall vest the purchaser or transferee with all right, title and interest841 as provided by Georgia law governing sales and transfer of fi.fas. Provided that, upon levy842 of execution and sale of property pursuant to such tax fi.fas. whether assigned, transferred843 or executed by the city, the owner of such property, in fee simple or lesser interest, shall not844 lose his or her right to redeem the property in accord with the requirements of redemption845 of property sold under state or county ad valorem tax fi.fas., as said requirements now exist846 or as may be hereinafter provided by law.847 H. B. 1246 - 37 - 26 LC 47 3892/AP SECTION 6.21.848 General obligation bonds.849 The city council shall have the power to issue bonds for the pu rpose of raising revenue to850 carry out any project program or venture authorized under this charter or the general laws of851 the State. Such bonding authority shall be exercised in accordance with the laws governing852 bond issuances by municipalities in effect at the time said issue is undertaken.853 SECTION 6.22.854 Revenue bonds.855 Revenue bonds may be issued by the city council as state law no w or hereafter provides.856 Such bonds are to be paid out of any revenue produced by the pr oject, program or venture857 for which they were issued.858 SECTION 6.23.859 Short-term loans.860 The city may obtain short-term loans and must repay such loans not later than December 31861 of each year, unless otherwise provided by law.862 SECTION 6.24.863 Lease-purchase contracts.864 The city may enter into multiyear lease, purchase or lease purc hase contracts for the865 acquisition of goods, materials, real and personal property, services, and supplies provided866 the contract terminates without further obligation on the part of the municipality at the close867 H. B. 1246 - 38 - 26 LC 47 3892/AP of the calendar year in which it was executed and at the close of each succeeding calendar868 year for which it may be renewed. Contracts must be executed in accordance with the869 requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other870 such applicable laws as are or may hereafter be enacted.871 SECTION 6.25.872 Fiscal year; preparation and adoption of operating budget.873 (a) The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the874 budget year and the year for financial accounting and reporting unless otherwise provided875 by state or federal law.876 (b) On or before a date fixed by the council prior to the begi nning of each fiscal year, the877 council shall adopt a budget for the ensuing fiscal year. The council shall provide by878 ordinance the procedures and requirements for the preparation and execution of said annual879 budget. The budget and all supporting documents shall be filed in the office of the city clerk880 and shall be open to public inspection. 881 SECTION 6.26.882 Action by city council on budget.883 (a) The city council may amend the operating budget proposed by the city manager; except,884 that the budget as finally amended and adopted must provide for all expenditures required885 by state law or by other provisions of this charter and for all debt service requirements for886 the ensuing fiscal year, and the total appropriations from any fund shall not exceed the887 estimated fund balance, reserves, and revenues.888 (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal889 year not later than the 30th day of June of each year. If the city council fails to adopt the890 H. B. 1246 - 39 - 26 LC 47 3892/AP budget by this date, the amounts appropriated for operation for the current fiscal year shall891 be deemed adopted for the ensuing fiscal year on a month-to-mon th basis, with all items892 prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal893 year. Adoption of the budget shall take the form of an appropriations ordinance setting out894 the estimated revenues in detail by sources and making appropriations according to fund and895 by organizational unit, purpose, or activity as set out in the budget preparation ordinance896 adopted pursuant to Section 6.25.897 (c) The amount set out in the adopted operating budget for eac h organizational unit shall898 constitute the annual appropriation for such, and no expenditur e shall be made or899 encumbrance created in excess of the otherwise unencumbered balance of the appropriations900 or allotment thereof, to which it is chargeable.901 SECTION 6.27.902 Tax levies.903 The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates904 set by such ordinances shall be such that reasonable estimates of revenues from such levy905 shall at least be sufficient, together with other anticipated r evenues, fund balances and906 applicable reserves, to equal the total amount appropriated for each of the several funds set907 forth in the annual operating budget for defraying the expenses of the general government908 of this city.909 SECTION 6.28.910 Changes in appropriations.911 The city council by ordinance may make changes in the appropria tions contained in the912 current operating budget, at any regular meeting, special or em ergency meeting called for913 H. B. 1246 - 40 - 26 LC 47 3892/AP such purpose, but any additional appropriations may be made onl y from an existing914 unexpended surplus.915 SECTION 6.29.916 Capital budget.917 (a) On or before the date fixed by the city council but no later than the 30th day of June of918 each fiscal year, the city manager may submit to the city counc il a proposed capital919 improvements plan with a recommended capital budget containing the means of financing920 the improvements proposed for the ensuing fiscal year. The city council shall have power921 to accept, with or without amendments, or reject the proposed p lan and proposed budget. 922 The city council shall not authorize an expenditure for the con struction of any building,923 structure, work or improvement, unless the appropriations for such project are included in924 the capital budget, except to meet a public emergency as provid ed in Section 2.22 of this925 charter.926 (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal927 year not later than the 30th day of June of each year. No appropriation provided for in a prior928 capital budget shall lapse until the purpose for which the appropriation was made shall have929 been accomplished or abandoned; provided, however, the city man ager may submit930 amendments to the capital budget at any time during the fiscal year, accompanied by931 recommendations. Any such amendments to the capital budget shall become effective only932 upon adoption by ordinance.933 SECTION 6.30.934 Independent audit.935 H. B. 1246 - 41 - 26 LC 47 3892/AP There shall be an annual independent audit of all city accounts , funds and financial936 transactions by a certified public accountant selected by the city council. The audit shall be937 conducted according to generally accepted auditing principles. Any audit of any funds by938 the state or federal governments may be accepted as satisfying the requirements of this939 charter. Copies of annual audit reports shall be available at printing costs to the public.940 SECTION 6.31.941 Contracting procedures.942 No contract with the city shall be binding on the city unless it is: 943 (1) In writing; 944 (2) Drawn by or submitted to and reviewed by the city attorney, and as a matter of course,945 is signed by the city attorney to indicate such drafting or review; and946 (3) Made or authorized by the city council and such approval is entered in the city council947 journal of proceedings pursuant to Section 2.21.948 SECTION 6.32.949 Centralized purchasing.950 The city council shall by ordinance prescribe procedures for a system of centralized951 purchasing for the city.952 SECTION 6.33.953 Sale and lease of city property.954 (a) The city council may sell and convey, or lease any real or personal property owned or955 held by the city for governmental or other purposes as now or hereafter provided by law.956 H. B. 1246 - 42 - 26 LC 47 3892/AP (b) The city council may quitclaim any rights it may have in property not needed for public957 purposes upon report by the city manager and adoption of a resolution, both finding that the958 property is not needed for public or other purposes and that th e interest of the city has no959 readily ascertainable monetary value.960 (c) Whenever in opening, extending or widening any street, avenue, alley or public place of961 the city, a small parcel or tract of land is cutoff or separated by such work from a larger tract962 or boundary of land owned by the city, the city council may authorize the city manager to sell963 and convey said cut-off or separated parcel or tract of land to an abutting or adjoining964 property owner or owners where such sale and conveyance facilitates the enjoyment of the965 highest and best use of the abutting owner's property. Included in the sales contract shall be966 a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting967 property owner shall be notified of the availability of the property and given the opportunity968 to purchase said property under such terms and conditions as set out by ordinance. All deeds969 and conveyances heretofore and hereafter so executed and delivered shall convey all title and970 interest the city has in such property, notwithstanding the fac t that no public sale after971 advertisement was or is hereafter made.972 ARTICLE VII973 GENERAL PROVISIONS974 SECTION 7.10.975 Bond for officers976 The officers and employees of the City of Clayton, both electiv e and appointive, shall977 execute such surety or fidelity bonds in such amounts and upon such terms and conditions978 as the city council may from time to time require by ordinance or as may be provided by law.979 H. B. 1246 - 43 - 26 LC 47 3892/AP SECTION 7.11.980 Prior ordinances.981 Existing ordinances and regulations of the City of Clayton not inconsistent with the982 provisions of this charter shall continue in effect until they have been repealed, modified, or983 amended by the council. The existing rules and regulations of departments or agencies of984 the City of Clayton not inconsistent with the provisions of this charter shall continue in effect985 until they have been repealed, modified, or amended.986 SECTION 7.12.987 Section captions.988 The captions to the several sections of this charter are inform ative only and are not to be989 considered as a part thereof.990 SECTION 7.13.991 Penalties.992 The violation of any provision of this charter, for which penalty is not specifically provided993 for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not994 more than $1,000.00 or by imprisonment not to exceed 12 months, or both such fine and995 imprisonment.996 H. B. 1246 - 44 - 26 LC 47 3892/AP SECTION 7.14.997 Existing personnel and officers.998 Except as specifically provided otherwise by this charter, all personnel and officers of the999 city and their rights, privileges and powers shall continue beyond the time this charter takes1000 effect for a period of 30 days before or during which the exist ing city council shall pass a1001 transition ordinance detailing the changes in personnel and appointive officers required or1002 desired and arranging such titles, rights, privileges and powers as may be required or desired1003 to allow a reasonable transition.1004 SECTION 7.15.1005 Pending matters.1006 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1007 contracts and legal or administrative proceedings shall continue and any such ongoing work1008 or cases shall be completed by such city agencies, personnel or offices as may be provided1009 by the city council.1010 SECTION 7.16.1011 Construction.1012 (a) The word "shall" is mandatory and the word "may" is permissive.1013 (b) The singular shall include the plural, the masculine shall include the feminine, and vice1014 versa.1015 H. B. 1246 - 45 - 26 LC 47 3892/AP SECTION 7.17.1016 Charter review and update.1017 The city council shall review this charter, and any subsequent amendments thereto, at least1018 once every ten years from the effective date, and may propose a ny changes such review1019 deems necessary.1020 SECTION 7.18.1021 Severability.1022 If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1023 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1024 or impair other parts of this charter unless it clearly appears that such other parts are wholly1025 and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1026 legislative intent in enacting this charter that each article, section, subsection, paragraph,1027 sentence, or part thereof be enacted separately and independent of each other.1028 SECTION 7.19.1029 Repealer.1030 An Act reincorporating the City of Clayton, approved August 17, 1909 (Ga. L. 1909, p. 600),1031 is hereby repealed in its entirety; and all amendatory Acts the reto are likewise repealed in1032 their entirety.1033 H. B. 1246 - 46 - 26 LC 47 3892/AP SECTION 7.20.1034 General repealer.1035 All laws and parts of laws in conflict with this charter are repealed. 1036 H. B. 1246 - 47 -