HB1525: HB1525 Auburn, City of; revise and readopt charter in its entirety

26 LC 47 3951/AP House Bill 1525 (AS PASSED HOUSE AND SENATE) By: Representative Efstration of the 104th A BILL TO BE ENTITLED AN ACT To amend an Act creating a new charter for the City of Auburn, approved February 17, 19491 (Ga. L. 1949, p. 807), as amended, so as to revise and readopt the charter in its entirety; to2 provide for incorporation, name, and powers of the city; to provide for corporate boundaries;3 to provide for a city council and the election, terms, qualifications, vacancies, compensation,4 of councilmembers; to prohibit holding other office; to provide for council investigations;5 to authorize eminent domain; to provide for council meetings, r ules of procedures, and6 quorums; to provide for ordinances and the form, signing, authe ntication, recording,7 codification, and printing of the same; to provide for technical regulations; to prohibit council8 interference with administration of the city government; to provide for the election, duties,9 compensation, and powers of the mayor; to provide for the mayor pro tempore; to provide10 for conduct of board appointees; to provide for administrative and service departments; to11 provide for boards, commissions, and authorities; to provide for city attorney, city clerk, and12 other department heads; to provide for the office of city manager, appointment, qualification,13 compensation, powers, duties, removal, and oath of office of th e same; to provide for a14 municipal court, judges, jurisdiction, powers, rules of the sam e; to provide for appeal to15 superior courts; to provide for means of taxation; to provide f or licenses, permits, fees,16 franchises, service charges, and special assessments; to provide for collection of delinquent17 taxes and fees; to provide for bonds and short-term loans; to p rovide for a fiscal year and18 H. B. 1525 - 1 - 26 LC 47 3951/AP budget procedures; to provide for audits; to provide for contra cting and purchasing19 procedures; to provide for the sale of city property; to provid e for prior ordinances and20 pending matters; to provide for construction; to provide for severability; to repeal conflicting21 laws; and for other purposes.22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 SECTION 1.24 An Act creating a new charter for the City of Auburn, approved February 17, 1949 (Ga. L.25 1949, p. 807), as amended, is amended by striking Sections 1.10 through 7.13 in their26 entirety and inserting in lieu thereof the following:27 "ARTICLE I.28 INCORPORATION AND POWERS29 SECTION 1.10.30 Name.31 This city and the inhabitants thereof are hereby reincorporated by the enactment of this32 charter and are hereby constituted and declared a body politic and corporate under the33 name and style of the City of Auburn, Georgia, and by that name shall have perpetual34 succession.35 H. B. 1525 - 2 - 26 LC 47 3951/AP SECTION 1.11.36 Corporate boundaries.37 (a) The boundaries of this city shall be those existing on the effective date of the adoption38 of this charter with such alterations as may be made from time to time in the manner39 provided by law. The boundaries of this city at all times shall be shown on a map, a written40 description or any combination thereof, to be retained permanently in the office of the city41 clerk and to be designated, as the case may be: 'Official map of the corporate limits of the42 City of Auburn, Georgia.' Photographic, typed, or other copies of such map or description43 certified by the city clerk shall be admitted as evidence in all courts and shall have the same44 force and effect as with the original map.45 (b) The council may provide for the redrawing of any such map by ordinance to reflect46 lawful changes in the corporate boundaries. A redrawn map shal l supersede for all47 purposes the entire map or maps which it is designated to replace.48 SECTION 1.12.49 Powers and construction.50 (a) This city shall have all powers possible for a city to have under the present or future51 constitution and laws of this state as fully and completely as though they were specifically52 enumerated in this charter. This city shall have all the power s of self-government not53 otherwise prohibited or limited by this charter or by general law.54 (b) The powers of this city shall be construed liberally in favor of the city. The specific55 mention or failure to mention particular powers shall not be construed as limiting in any56 way the powers of this city.57 H. B. 1525 - 3 - 26 LC 47 3951/AP (c) A proposed change to powers regarding police protection in this subsection must be58 placed on a referendum, using the following ballot language, and approved by a two-thirds'59 majority of those voting:60 'Provisions of police protection. This city shall have the pow er of arrest through duly61 appointed officers. The city must establish and maintain a pol ice department with a62 minimum force of two full-time officers per shift, twenty-four hours a day and a chief of63 police to coordinate and direct the operation of this department.'64 SECTION 1.13.65 Examples of powers.66 Examples of the powers of the city shall include, but not be limited to:67 (1) Air and Water Pollution - to regulate the emission of smoke or other exhaust which68 pollutes the air, and to prevent the pollution of natural strea ms which flow within the69 corporate limits of the city;70 (2) Animal Regulations - to regulate and license or to prohibi t the keeping or running71 at-large of animals and fowl, and to provide for the impoundment of same if in violation72 of any ordinance or lawful order; to provide for the dispositio n by sale, gift or humane73 destruction of animals and fowl when not redeemed as provided b y ordinance; and to74 provide punishment for violation of ordinances enacted under this paragraph;75 (3) Appropriations and Expenditures - to make appropriations f or the support of the76 government of the city; to authorize the expenditure of money f or any purposes77 authorized by this charter and for any purpose for which a municipality is authorized by78 the laws of the State of Georgia; and to provide for the payment of expenses of the city;79 (4) Building Regulation - to regulate and to license the erect ion and construction of80 buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,81 and heating and air conditioning codes; and to regulate all housing, and building trades;82 H. B. 1525 - 4 - 26 LC 47 3951/AP (5) Business Regulation and Taxation - to levy and to provide for the collection of83 license fees and taxes on privileges, occupations, trades and professions; to license and84 regulate the same; to provide for the manner and method of payment of such licenses and85 taxes: and to revoke such licenses after due process for failur e to pay any city taxes or86 fees;87 (6) Condemnation - to condemn property, inside or outside the corporate limits of the88 city, for present or future use and for any corporate purpose d eemed necessary by the89 governing authority, utilizing procedures enumerated in Title 22 of the Official Code of90 Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;91 (7) Contracts - to enter into contracts and agreements with ot her governments and92 entities and with private persons, firms and corporations;93 (8) Emergencies - to establish procedures for determining and proclaiming that an94 emergency situation exists inside or outside the city limits, and to make and carry out all95 reasonable provisions deemed necessary to deal with or meet such an emergency for the96 protection, safety, health or well-being of the citizens of the city;97 (9) Fire Regulations - to fix and establish fire limits and fr om time to time to extend,98 enlarge or restrict the same; to prescribe fire safety regulati ons consistent with general99 law, relating to both fire prevention and detection and to fire fighting; and to prescribe100 penalties and punishment for violations thereof;101 (10) Garbage Fees - to levy, fix, assess, and collect a garbage, refuse and trash collection102 and disposal, and other sanitary service charge, tax, or fee fo r such services as may be103 necessary in the operation of the city from all individuals, fi rms, and corporations104 residing in or doing business within the city benefiting from such services; to enforce the105 payment of such charges, taxes or fees; and to provide for the manner and method of106 collecting such service charges;107 (11) General Health, Safety and Welfare - to define, regulate and prohibit any act,108 practice, conduct or use of property which is detrimental to th e health, sanitation,109 H. B. 1525 - 5 - 26 LC 47 3951/AP cleanliness, welfare, and safety of the inhabitants of the city , and to provide for the110 enforcement of such standards;111 (12) Gifts - to accept or refuse gifts, donations, bequests or grants from any source for112 any purpose related to powers and duties of the city and the ge neral welfare of its113 citizens, on such terms and conditions as the donor or grantor may impose;114 (13) Health and Sanitation - to prescribe standards of health and sanitation and to provide115 for the enforcement of such standards;116 (14) Jail Sentences - to provide that persons given jail sente nces in the city court may117 work out such sentences in any public works or on the streets, roads, drains and squares118 in the city, to provide for the commitment of such persons to any jail, or to provide for119 the commitment of such persons to any county work camp or county jail by agreement120 with the appropriate county officials;121 (15) Motor Vehicles - to regulate the operation of motor vehic les and exercise control122 over all traffic, including parking upon or across the streets, roads, alleys and walkways123 of the city;124 (16) Municipal Agencies and Delegation of Power - to create, a lter or abolish125 departments, boards, offices, commissions and agencies of the city, and to confer upon126 such agencies the necessary and appropriate authority for carry ing out all the powers127 conferred upon or delegated to the same;128 (17) Municipal Debts - to appropriate and borrow money for the payment of debts of the129 city and to issue bonds for the purpose of raising revenue to c arry out any project,130 program or venture authorized by this charter or the laws of the State of Georgia;131 (18) Municipal Property Ownership - to acquire, dispose of, an d hold in trust or132 otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside133 or outside the property limits of the city;134 H. B. 1525 - 6 - 26 LC 47 3951/AP (19) Municipal Property Protection - to provide for the preser vation and protection of135 property and equipment of the city, and the administration and use of same by the public;136 and to prescribe penalties and punishment for violations thereof;137 (20) Municipal Utilities - to acquire, lease, construct, operate, maintain, sell, and dispose138 of public utilities including, but not limited to, a system of waterworks, sewers and139 drains, sewage disposal, gas works, electric light plants, transportation facilities, public140 airports, and any other public utility; and to fix the taxes, c harges, rates, fares, fees,141 assessments, regulations and penalties, and to provide for the withdrawal of service for142 refusal or failure to pay the same;143 (21) Nuisance - to define a nuisance and provide for its abatement whether on public or144 private property;145 (22) Penalties - to provide penalties for violation of any ordinances adopted pursuant to146 the authority of this charter and the laws of the State of Georgia;147 (23) Planning and Zoning - to provide comprehensive city planning for development by148 zoning; and to provide subdivision regulation and the like as the council deems necessary149 and reasonable to ensure a safe, healthy, and aesthetically pleasing community;150 (24) Police and Fire Protection - to exercise the power of arrest through duly appointed151 police officers, and to establish, operate, or contract for a police and a firefighting agency,152 except as limited by Section 1.12(c) of this charter;153 (25) Public Hazards - to provide for the destruction and removal of any building or other154 structure which is or may become dangerous or detrimental to the public;155 (26) Public Improvements - to provide for the acquisition, con struction, building,156 operation and maintenance of public ways, parks and playgrounds, recreational facilities,157 cemeteries, markets and market houses, public buildings, librar ies, public housing,158 airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational,159 recreational, conservation, sport, curative, corrective, detent ion, penal and medical160 institutions, agencies and facilities; to provide any other public improvements, inside or161 H. B. 1525 - 7 - 26 LC 47 3951/AP outside the corporate limits of the city; to regulate the use of public improvements; and162 for such purposes, property may be acquired by condemnation und er Title 22 of the163 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter164 be enacted;165 (27) Public Peace - to provide for the prevention and punishment of drunkenness, riots,166 and public disturbances;167 (28) Public Transportation - to organize and operate such public transportation systems168 as are deemed beneficial;169 (29) Public Utilities and Services - to grant franchises or ma ke contracts for public170 utilities and public services; and to prescribe the rates, fare s, regulations and standards171 and conditions of service applicable to the service to be provided by the franchise grantee172 or contractor, insofar as not in conflict with valid regulation s o f t h e P u b l i c S e r v i c e173 Commission;174 (30) Regulation of Roadside Areas - to prohibit or regulate an d control the erection,175 removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any176 and all other structures or obstructions upon or adjacent to the rights-of-way of streets and177 roads or within view thereof, within or abutting the corporate limits of the city; and to178 prescribe penalties and punishment for violation of such ordinances;179 (31) Retirement - to provide and maintain a retirement plan for officers and employees180 of the city;181 (32) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade182 of, abandon or close, construct, pave, curb, gutter adorn with shade trees or otherwise183 improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and184 walkways within the corporate limits of the city; and to negotiate and execute leases over,185 through, under or across any city property or the right-of-way of any street, road, alley,186 and walkway or portion thereof within the corporate limits of t he city, for bridges,187 passageways, or any other purpose or use between buildings on o pposite sides of the188 H. B. 1525 - 8 - 26 LC 47 3951/AP street and for other bridges, overpasses and underpasses for private use at such location,189 and to charge a rental therefore in such manner as may be provided by ordinance; and to190 authorize and control the construction of bridges, overpasses, and underpasses within the191 corporate limits of the city; and to grant franchises and right s-of-way throughout the192 streets and roads, and over the bridges and viaducts for the use of public utilities and for193 private use; and to require real estate owners to repair and maintain in a safe condition194 the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so;195 (33) Sewer Fees - to levy a fee, charge, or sewer tax as necessary to assure the acquiring,196 constructing, equipping, operating, maintaining, and extending of a sewage disposal plant197 and sewerage system, and to levy on those to whom sewers and se werage systems are198 made available a sewer service fee, charge or sewer tax for the availability or use of the199 sewers; to provide for the manner and method of collecting such service charges and for200 enforcing payment of the same; and to charge, impose and collect a sewer connection fee201 or fees to those connected with the system;202 (34) Solid Waste Disposal - to provide for the collection and disposal of garbage, rubbish203 and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by204 others; and to provide for the separate collection of glass, tin aluminum, cardboard, paper,205 and other recyclable materials, and to provide for the sale of such items;206 (35) Special Areas of Public Regulation - to regulate or prohi bit junk dealers, pawn207 shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale208 of firearms; to regulate the transportation, storage and use of combustible, explosive and209 flammable materials, the use of lighting and heating equipment, and any other business210 or situation which may be dangerous to persons or property; to regulate and control the211 conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows212 of any kind, by taxing or otherwise; and to license, tax, regulate or prohibit professional213 fortune telling, palmistry, adult bookstores, and massage parlors;214 H. B. 1525 - 9 - 26 LC 47 3951/AP (36) Special Assessments - to levy and provide for the collection of special assessments215 to cover the costs for any public improvements;216 (37) Taxes, Ad Valorem - to levy and provide for the assessment, valuation, revaluation,217 and collection of taxes on all property subject to taxation;218 (38) Taxes, Other - to levy and collect such other taxes as may be allowed now or in the219 future by law;220 (39) Taxicabs - to regulate and license vehicles operated for hire in the city; to limit the221 number of such vehicles; to require the operators thereof to be licensed; to require public222 liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to223 regulate the parking of such vehicles;224 (40) Urban Redevelopment - to organize and operate an urban redevelopment program.225 (41) Other Powers - to exercise and enjoy all other powers, functions, rights, privileges226 and immunities necessary or desirable to promote or protect the safety, health, peace,227 security, good order, comfort, convenience, or general welfare of the city and its228 inhabitants; and to exercise all implied powers necessary to ca rry into execution all229 powers granted in this charter as fully and completely as if such powers were fully stated230 herein; and to exercise all powers now or in the future authorized to be exercised by other231 municipal governments under other laws of the State of Georgia; and no listing of232 particular powers in this charter shall be held to be exclusive of others, nor restrictive of233 general words and phrases granting powers, but shall be held to be in addition to such234 powers unless expressly prohibited to municipalities under the Constitution or applicable235 laws of the State of Georgia, except as limited by Section 1.12(c) of this charter.236 H. B. 1525 - 10 - 26 LC 47 3951/AP SECTION 1.14.237 Exercise of powers.238 All powers, functions, rights, privileges, and immunities of the city, its officers, agencies,239 or employees shall be carried into execution as provided by thi s charter. If this charter240 makes no provision, such shall be carried into execution as pro vided by ordinance or as241 provided by pertinent laws of the State of Georgia.242 ARTICLE II.243 GOVERNMENT STRUCTURE244 SECTION 2.10.245 Council creation; number; election.246 The legislative authority of the government of this city, excep t as otherwise specifically247 provided in this charter, shall be vested in a council to be composed of a mayor and four248 councilmembers. The council established shall in all respects b e a s u c c e s s o r t o a n d249 continuation of the governing authority under prior law. The mayor and council members250 shall be elected in the manner provided by this charter.251 SECTION 2.11.252 Council terms and qualifications for office.253 The mayor and councilmembers shall serve for terms as provided for in this charter and254 until their respective successors are elected and qualified. No person shall be eligible to255 serve as mayor or councilmember unless he or she has been a resident of the city for one256 year preceding the date of election of the mayor or councilmembers and must be a qualified257 H. B. 1525 - 11 - 26 LC 47 3951/AP voter in municipal elections for officers of this city; and the mayor or councilmember shall258 continue to reside therein during his or her period of service and to be registered and259 qualified to vote in municipal elections of this city.260 SECTION 2.12.261 Vacancy; filling of vacancies.262 (a) The office of mayor or councilmember shall become vacant u pon the incumbent's263 death, resignation, forfeiture of office, or removal from office in any manner authorized by264 this charter or the general laws of the State of Georgia.265 (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder266 of the unexpired term, if any, as provided for in this charter.267 SECTION 2.13.268 Compensation and expenses.269 Mayor and councilmembers shall receive compensation and expenses for their services as270 provided by ordinance.271 SECTION 2.14.272 Holding other office; voting when personally interested.273 (a) Except as authorized by law, the mayor or any councilmember shall not hold any other274 city office or other city employment during the term for which he or she was elected.275 (b) Neither the mayor nor any councilmember shall vote upon, sign or veto any ordinance,276 resolution, contract or other matter in which he or she shall receive a personal gain.277 H. B. 1525 - 12 - 26 LC 47 3951/AP SECTION 2.15.278 Investigations.279 The council by simple majority vote may initiate investigations into the affairs of the city280 and the conduct of any department, office or agency thereof, an d for this purpose may281 subpoena witnesses, administer oaths, take testimony, and requi re the production of282 evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of283 these powers by the council shall be punished as provided by ordinance.284 SECTION 2.16.285 General power and authority of the council.286 Except as otherwise provided by the charter, the council shall be vested with all the powers287 of government of this city as provided in Article I of this charter.288 SECTION 2.17.289 Eminent domain.290 The council is hereby empowered to acquire, construct, operate and maintain public ways,291 parks, public grounds, cemeteries, markets, market houses, publ ic buildings, libraries,292 sewers, drains, sewage treatment, water lines, waterworks, electrical systems, gas systems,293 airports, hospitals, and charitable, educational, recreational, sport, curative, corrective,294 detention, penal and medical institutions, agencies and facilit ies, and any other public295 improvements inside or outside the city limits, and to regulate the use thereof, and for such296 purposes, property may be condemned under procedures establishe d under general law297 applicable now or as provided in the future.298 H. B. 1525 - 13 - 26 LC 47 3951/AP SECTION 2.18.299 Meetings.300 The council shall hold an organizational meeting on the first T hursday in January. The301 meeting shall be called to order and the oath of office shall be administered to the newly302 elected members as follows:303 'I do solemnly (swear) (affirm) that I will faithfully perform the duties of (Mayor)304 (councilmember) of this city and that I will support and defend the charter thereof as well305 as the constitution and laws of the State of Georgia and of the United States of America.'306 SECTION 2.19.307 Regular and special meetings.308 (a) The mayor and city council shall hold regular meetings on the second Thursday and309 the fourth Thursday of each month at city hall at the time designated by the mayor and city310 council. With proper notice as required by law, the mayor and council may, from time to311 time, change the designated meeting times for regular meetings. The mayor and council312 may recess any regular meeting and continue such meetings on any date or hour it may fix313 and transact any business as such continued meeting may be tran sacted at any regular314 meeting. All such meetings shall be called and conducted in compliance with Chapter 14315 of Title 50 of the Official Code of Georgia Annotated, relating to open meetings.316 (b) The council may hold special meetings and may transact bus iness therein in317 accordance with the law.318 (c) All meetings of the council shall be public in accordance with applicable law.319 (d) Special meetings may be called at the request of the mayor or by two councilmembers.320 H. B. 1525 - 14 - 26 LC 47 3951/AP SECTION 2.20.321 Rules of procedure.322 (a) The council shall adopt its rules of procedure and order of business consistent with the323 provisions of this charter and shall provide for keeping minutes of its proceedings, which324 shall be a public record.325 (b) All committees and officers of the city shall be appointed by the mayor, with the326 advice and consent of the councilmembers, and shall serve at the pleasure of the council.327 SECTION 2.21.328 Quorum; voting.329 The mayor or mayor pro tempore and two councilmembers shall constitute a quorum and330 shall be authorized to transact business of the council. Votin g on the adoption of331 ordinances shall be by voice vote and the vote shall be recorde d in the minutes, but any332 member of the council shall have the right to request a roll call vote and such vote shall be333 recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote334 of the majority of members present shall be required for the ad option of any ordinance,335 resolution, or motion.336 SECTION 2.22.337 Action requiring ordinances.338 Acts of the council which have the force and effect of law shall be enacted by ordinance.339 H. B. 1525 - 15 - 26 LC 47 3951/AP SECTION 2.23.340 Ordinance form; procedures.341 (a) Every proposed ordinance should be introduced in writing and in the form required for342 final adoption. The enacting clause shall be 'The Council of t he City of Auburn hereby343 ordains ...' and every ordinance shall so begin.344 (b) An ordinance may be introduced by the mayor or any council member and be read at345 a regular or special meeting of the council. Ordinances shall be considered and adopted346 or rejected by the council in accordance with the rules which it shall establish.347 SECTION 2.24.348 Codes of technical regulations.349 The council may adopt any standard code of technical regulations by reference thereto in350 all adopting ordinances. The procedure and requirements govern ing such adopting351 ordinance shall be as prescribed for ordinances generally.352 SECTION 2.25.353 Signing; authenticating; recording; codification; printing.354 (a) The clerk shall authenticate by the clerk's signature and record in full in a properly355 indexed book kept for that purpose all ordinances adopted by the council.356 (b) The council shall provide for the preparation of a general codification of all the357 ordinances of the city having the force and effect of law. The general codification shall be358 adopted by the council by ordinance and shall be published prom ptly, together with all359 amendments thereto and such codes of technical regulations and other rules and regulations360 as the council may specify. This compilation shall be known and cited officially as 'The361 H. B. 1525 - 16 - 26 LC 47 3951/AP Auburn Municipal Code.' Copies of the code shall be furnished to all officers, departments362 and agencies of the city, and made available for purchase by th e public at a reasonable363 price as fixed by the council.364 (c) The council shall cause each ordinance and each amendment to this charter to be365 printed promptly following its adoption, and the printed ordina nces and charter366 amendments shall be made available for purchase by the public at reasonable prices to be367 fixed by the council. Following publication of the first code under this charter and at all368 times thereafter, the ordinances and charter amendments shall be printed in substantially369 the same style as the code currently in effect and shall be suitable in form for incorporation370 therein. The council shall make such further arrangements as deemed desirable with the371 reproduction and distribution of any current changes in or additions to codes of technical372 regulations and other rules and regulations included in the code.373 SECTION 2.26.374 Council interference with administration.375 Except for the purpose of investigations under Section 2.15 of this charter, the council or376 any of its members shall deal with city officers and employees who are subject to the377 direction and supervision of the city manager, chief of police, director of public utilities,378 city planner, or other department head solely through the appropriate department head, and379 neither the council nor its members shall give orders to any such officer or employee, either380 publicly or privately.381 H. B. 1525 - 17 - 26 LC 47 3951/AP SECTION 2.27.382 Election of mayor; forfeiture; compensation.383 The mayor shall be elected for and shall serve for a term as pr ovided by the charter and384 state law and until his or her successor is elected and qualifi ed. The mayor shall be a385 qualified elector of this city and shall have been a resident o f the city for one year386 immediately preceding his or her election. The mayor shall continue to reside in this city387 during the period of his or her service. The mayor shall forfeit his or her office on the same388 grounds and under the same procedure as for councilmembers. The compensation of the389 mayor shall be established in the same manner as for councilmembers.390 SECTION 2.28.391 Mayor pro tempore.392 By a majority vote, at the first regular meeting of the council in each year, the council shall393 elect a councilmember to serve as the mayor pro tempore. The mayor pro tempore shall394 assume the duties and powers of the mayor during the mayor's disability or absence. If the395 mayor pro tempore is absent because of sickness or disqualifica tion, any one of the396 remaining councilmembers, chosen by the members present, shall be clothed with all the397 rights and privileges of the mayor and shall perform the mayor's duties.398 SECTION 2.29.399 Powers and duties of mayor.400 The mayor shall:401 (1) Preside at all meetings of the council;402 H. B. 1525 - 18 - 26 LC 47 3951/AP (2) Be the head of the city for the purpose of service of proc ess and for ceremonial403 purposes, and be the official spokesman for the city and the chief advocate of policy;404 (3) Have power to administer oaths and to take affidavits;405 (4) Sign as a matter of course on behalf of the city all writt en and approved contracts,406 ordinances and other instruments executed by the city which by law are required to be in407 writing;408 (5) Vote only in case of a tie or in case only one vote is nee ded to pass any motion,409 resolution, ordinance, or other question before the council;410 (6) Within ten calendar days of receipt of an ordinance, shall return it to the city clerk411 with or without the mayor's approval or with the mayor's disapproval. If the ordinance412 has been approved by the mayor, it shall become law upon its return to the city clerk; if413 the ordinance is neither approved nor disapproved, it shall become law at 12:00 noon on414 the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall415 submit to the council through the city clerk a written statement of reasons for the veto. 416 The city clerk shall record upon the ordinance the date of its delivery to and receipt from417 the mayor. Upon receipt of the mayor's veto statement, council may override the mayor's418 veto by a vote of not less than three council members; and419 (7) Perform such other duties as may be required by law, this charter, or ordinance.420 SECTION 2.30.421 Conduct of members of appointed boards.422 Appointed board members shall adhere to the following code of c onduct, and may be423 removed for any of the following:424 (1) Failure to attend meetings; tardiness;425 (2) Conviction of a felony or crime involving moral turpitude;426 (3) Inexcusable absence without leave;427 H. B. 1525 - 19 - 26 LC 47 3951/AP (4) Abuse or misuse of city property;428 (5) Willfully giving false information to city officials, city staff, or the public;429 (6) Discovery of a false statement in an application which had not been previously430 detected;431 (7) Acceptance of gratuities in conflict with city policy or state law;432 (8) Discourteous acts toward the public, citizens, staff, or other persons;433 (9) Drinking alcoholic beverages or use of illegal non-prescription drugs in such manner434 as to adversely affect attendance or performance;435 (10) Falsification or destruction of official records or docum ents or use of official436 position for personal benefit, profit, or advantage, or for other improper reasons;437 (11) Harassment of other board members, city personnel or the public;438 (12) Insubordination or uncooperative attitude in the performance of official functions,439 which is defined as the refusal to obey any instruction or dire ctive of an authorized440 official or demonstrating contempt or disrespect for a fellow board member, city official,441 citizen, or staff member whether in or out of his or her presence;442 (13) Conduct which endangers the member or another person;443 (14) Fighting or attempting bodily injury to others on city property except in clear cases444 of self-defense; or445 (15) Violation of the standards summarized in the recitals above.446 H. B. 1525 - 20 - 26 LC 47 3951/AP ARTICLE III.447 ADMINISTRATIVE AFFAIRS448 SECTION 3.10.449 Administrative and service departments.450 (a) Except as otherwise provided in this charter, the council, by ordinance, shall prescribe451 the functions or duties, and establish, abolish or alter all non-elective offices, positions of452 employment, departments, and agencies of the city, as necessary for the proper453 administration of the affairs and government of this city.454 (b) Except as otherwise provided by this charter or by law, th e directors of departments455 and other appointed officers of the city shall be appointed sol ely on the basis of their456 respective administrative and professional qualifications.457 (c) All appointed officers and directors of departments shall receive such compensation458 as prescribed by ordinance.459 (d) There shall be a director of each department or agency who shall be its principal460 officer. Each director shall, subject to the direction and supervision of the city manager,461 be responsible for the administration and direction of the affa irs and operations of his or462 her department or agency.463 SECTION 3.11.464 Boards, commissions and authorities.465 (a) The council shall create by ordinance such boards, commiss ions and authorities to466 fulfill any investigative, quasi-judicial or quasi-legislative function the council deems467 necessary, and shall by ordinance establish the composition, period of existence, duties and468 powers thereof.469 H. B. 1525 - 21 - 26 LC 47 3951/AP (b) All members of boards, commissions and authorities of the city shall be appointed by470 the council for terms of two years, except where other appointing authority, terms of office,471 or manner of appointment is prescribed by state law.472 (c) The council, by ordinance, may provide for the compensation and reimbursement for473 actual and necessary expenses of the members of any board, commission or authority.474 (d) Except as otherwise provided by charter, ordinance or by law, no member of any city475 board, commission or authority shall hold any elective office in the city.476 (e) Any vacancy on a board, commission or authority of the cit y shall be filled for the477 unexpired term in the manner prescribed herein for original app ointment, except as478 otherwise provided by this charter or by law.479 (f) No member of a board, commission or authority shall assume office until he or she has480 executed and filed with the clerk of the city an oath obligatin g himself or herself to481 faithfully and impartially perform the duties of his or her office, such oath to be prescribed482 by ordinance and administered by the mayor or designee.483 (g) Any member of a board, commission or authority may be remo ved from office by a484 vote of the council.485 (h) Except as otherwise provided by this charter or by law, ea ch board, commission or486 authority of the city shall elect one of its members as chairma n and one member as487 vice-chairman, and may elect as its secretary one of its own me mbers or may appoint as488 secretary an employee of the city, subject to approval by appro priate department head. 489 Each board, commission or authority of the city government may establish bylaws, rules490 and regulations, consistent with this charter, ordinances of th e city, or law, as it deems491 appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. 492 Copies of such bylaws, rules and regulations shall be filed with the clerk of the city.493 H. B. 1525 - 22 - 26 LC 47 3951/AP SECTION 3.12.494 City attorney.495 The mayor, with advice and consent of the council, shall appoint a city attorney, together496 with such assistant city attorneys as may be authorized, and shall provide for the payment497 of such attorney or attorneys for services rendered to the city. The city attorney shall be498 responsible for representing and defending the city in all liti gation in which the city is a499 party; may be the prosecuting officer in the municipal court; shall attend the meetings of500 the council as directed; shall advise the council and other officers and employees of the city501 concerning legal aspects of the city's affairs; and shall perform such other duties as may be502 required of him or her by virtue of his or her position as city attorney.503 SECTION 3.13.504 City Manager; appointment; qualifications; compensation.505 The council shall appoint a city manager, also known as 'the ma nager,' for an indefinite506 term and shall fix the manager's compensation. The city manager shall be appointed solely507 on the basis of his or her executive and administrative qualifications with special reference508 to the knowledge of and actual experience in municipal management.509 SECTION 3.14.510 Removal of City Manager.511 The city manager is employed at-will; shall serve at the pleasure of the city council; and512 may be removed from office by a majority vote of city council.513 H. B. 1525 - 23 - 26 LC 47 3951/AP SECTION 3.15.514 Powers and duties of the City Manager.515 (a) The city manager shall serve at the pleasure of the city council. The city manager shall516 not be subject to annual reappointments. The city manager shal l be appointed without517 regard to political beliefs and solely on the basis of his or her education and experience in518 the accepted competencies and practices of local government management.519 (b) The city manager shall be the chief executive and administ rative officer of the city. 520 The city manager shall be responsible to the city council for the administration of all city521 affairs placed in the manager's charge by or under this charter. As the chief executive and522 administrative officer, the city manager shall:523 (1) Appoint all and, when he or she deems it necessary for the good of the city, suspend524 or remove any city employees and administrative officers he or she appoints, oversee all525 aspects of human resources and employment for all city employees, except as otherwise526 provided by law or personnel ordinances adopted pursuant to thi s charter. The city527 manager may authorize any administrative officer who is subject to the city manager's528 direction and supervision to exercise these powers with respect to subordinates in that529 officer's department, office, or agency;530 (2) Direct and supervise the administration of all departments, offices, and agencies of531 the city, except as otherwise provided by this charter or by law;532 (3) Attend all city council meetings, except for closed meetings held for the purposes of533 deliberating on the appointment, discipline, or removal of the city manager, and have the534 right to take part in discussion but not vote;535 (4) See that all laws, provisions of this charter, and acts of the city council, subject to536 enforcement by the city manager or by officers subject to the city manager's direction and537 supervision, are faithfully executed;538 (5) Prepare and submit the annual budget to the city council;539 H. B. 1525 - 24 - 26 LC 47 3951/AP (6) Submit to the city council and make available to the public a complete report on the540 finances and administrative activities of the city as of the end of each fiscal year;541 (7) Make such other reports as the city council may require co ncerning the operations542 of city departments, offices, and agencies subject to the manag er's direction and543 supervision;544 (8) Keep the city council fully advised as to the financial condition and future needs of545 the city and make such recommendations to the city council concerning the affairs of the546 city as the manager deems desirable;547 (9) Perform such other duties as are specified in this charter or as may be required by the548 city council;549 (10) Temporarily serve as a department head in the event of any vacancy;550 (11) Supervise the purchase of all materials, supplies and equipment for which funds are551 provided in the budget pursuant to the purchasing ordinance;552 (12) Execute all contracts, deeds or bonds of the city, duly authorized by the council,553 and permitted by this charter, ordinance or by state law and supervise the completion of554 all contracts for work for the city and advise the council on the progress of such work555 (c) Except for the purpose of inquiries and investigations und er Section 2.15 of this556 charter, the city council or its members shall deal with city officers and employees who are557 subject to the direction or supervision of the city manager solely through the city manager,558 and neither the city council nor its members shall give orders or supervisory direction to559 any such officer or employee, either publicly or privately.560 (d) The city manager's duties and responsibilities may be further defined or provided by561 a job description or as assigned or designated by the city council.562 (e) The city manager shall not continue in office upon qualify ing as a candidate for563 nomination or election to any public office.564 H. B. 1525 - 25 - 26 LC 47 3951/AP SECTION 3.16.565 City Manager; oath of office.566 Before entering upon the duties of his or her office the city manager shall take an oath or567 affirmation for the faithful performance of duties of such office.568 SECTION 3.17.569 City clerk.570 The city clerk, also known as 'the clerk,' shall be appointed by the city manager. The city571 clerk shall be custodian of the official city seal and city records; maintain council records572 as required by this charter; and perform such other duties as may be assigned by the city573 manager. The city clerk shall not be subject to annual reappointments. The city clerk shall574 not be a department head; shall report to the city manager; and may be terminated at will.575 SECTION 3.18.576 Police chief.577 The chief of police shall be appointed by the city manager. Th e police chief shall have578 such powers and duties as the council shall prescribe by ordina nce including, but not579 limited to, the authority to administer oaths of office for sworn law enforcement officers. 580 The police chief shall not be subject to annual reappointments. The police chief shall581 report to the city manager and may be terminated at will.582 H. B. 1525 - 26 - 26 LC 47 3951/AP SECTION 3.19.583 Director of public works.584 The director of public works shall be appointed by the city manager. The director of public585 works shall have such powers and duties as the council shall prescribe by ordinance. The586 director of public works shall not be subject to annual reappoi ntments. The director of587 public works shall report to the city manager and may be terminated at will.588 SECTION 3.20.589 Community Development Director.590 The community development director shall be appointed by the ci ty manager. The591 community development director shall have such powers and dutie s as the council shall592 prescribe. The community development director shall not be sub ject to annual593 reappointments. The community development director shall report to the city manager and594 may be terminated at will.595 SECTION 3.21.596 Parks And Leisure Director.597 The parks and leisure director shall be appointed by the city m anager. The parks and598 leisure director shall oversee and carry out the city's parks and leisure programs; serve as599 the primary city staff liaison to the city's parks and leisure commission; and perform such600 other duties as may be assigned by the city manager. The parks and leisure director shall601 not be subject to annual reappointments. The parks and leisure director shall not be a602 department head; shall report to the city manager; and may be terminated at will.603 H. B. 1525 - 27 - 26 LC 47 3951/AP SECTION 3.22.604 Executive Assistant to Mayor and City Council.605 The city manager shall appoint an executive assistant to mayor and city council. The606 executive assistant to mayor and city council shall have such p owers and duties as the607 council shall prescribe. The executive assistant to mayor and city council shall not be608 subject to annual reappointments. The executive assistant to mayor and city council shall609 serve at the pleasure of the council and may be terminated at will.610 ARTICLE IV.611 MUNICIPAL COURT612 SECTION 4.10.613 Creation; name.614 There shall be a court to be known as the Municipal Court of the City of Auburn.615 SECTION 4.11.616 Municipal judge; associate judge.617 (a) The municipal court shall be presided over by a municipal judge or such part-time,618 full-time, or stand-by judges as shall be provided by ordinance. The method of selection619 and terms of such judges shall be provided by general law, and in the absence thereof by620 ordinance.621 (b) No person shall be qualified or eligible to serve as a jud ge on the municipal court622 unless or she has attained the age of twenty-one years, is a me mber of the State Bar of623 H. B. 1525 - 28 - 26 LC 47 3951/AP Georgia, and possesses qualifications required by law. All jud ges shall be appointed by624 council.625 (c) Compensation of the judges shall be fixed by ordinance.626 (d) Before assuming office, each judge shall take an oath, given by the mayor, that he or627 she will honestly and faithfully discharge the duties of office to the best of his or her ability628 and without fear, favor or partiality.629 SECTION 4.12.630 Convening.631 The municipal court shall be convened at regular intervals as provided by ordinance.632 SECTION 4.13.633 Jurisdiction; powers.634 (a) The municipal court shall try and punish violations of this charter, all city ordinances,635 and such other violations as provided by law.636 (b) The municipal court shall have authority to punish those in its presence for contempt,637 by fine, as allowed by law, or fifteen days of imprisonment and labor on the public works638 of the city, or by both fine and imprisonment.639 (c) The municipal court may fix punishment for offenses within its jurisdiction as allowed640 by law or imprisonment and labor on the public works of the city for one year, or both fine641 and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing642 as allowed by law.643 (d) The municipal court shall have authority to establish a schedule of fees to defray the644 cost of operation, and shall be entitled to reimbursement of th e cost of meals,645 H. B. 1525 - 29 - 26 LC 47 3951/AP transportation, and caretaking of prisoners bound over to superior courts for violations of646 state law.647 (e) The municipal court shall have authority to establish bail and recognizances to ensure648 the presence of those charged with violations before said court, and shall have discretionary649 authority to accept cash or personal or real property as surety for the appearance of persons650 charged with violations. Whenever any person shall give bail for his appearance and shall651 fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding652 at such time, and an execution issued thereon by serving the defendant and his sureties with653 a rule nisi, at least two days before a hearing on the rule. In the event that cash or property654 is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such655 defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be656 on order of the judge declared forfeited to the city, or the property so deposited shall have657 a lien against it for the value forfeited which lien shall be enforceable in the same manner658 and to the same extent as a lien for city property taxes.659 (f) The municipal court shall have the same authority as super ior courts to compel the660 production of evidence in the possession of any party; to enforce obedience to its orders,661 judgments and sentences; and to administer such oaths as are necessary.662 (g) The municipal court may compel the presence of all parties necessary to a proper663 disposal of each case by the issuance of summonses, subpoenas, and warrants which may664 be served as executed by any officer as authorized by this charter or by law.665 (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest666 of persons charged with offenses against any ordinance of the city, and each judge of the667 municipal court shall have the same authority as a magistrate of the state to issue warrants668 for offenses against state laws committed within the city.669 (i) The municipal court is specifically vested with all the ju risdiction and powers670 throughout the geographic area of this city granted by law to m unicipal courts and671 H. B. 1525 - 30 - 26 LC 47 3951/AP particularly by such laws as authorize the abatement of nuisances and prosecution of traffic672 violations.673 SECTION 4.14.674 Appeal to Superior Court675 The right of appeal from the decision and judgment of the municipal court shall exist in all676 criminal cases and ordinance violations cases, and such appeal shall be made to the677 Superior Court of Barrow County or Gwinnett County under the la ws of the State of678 Georgia regulating appeals from municipal courts.679 SECTION 4.15.680 Rules for court.681 With the approval of the council, the judge shall have full pow er and authority to make682 reasonable rules and regulations necessary and proper to secure the efficient and successful683 administration of the municipal court; provided, however, that the council may adopt in684 part or in toto the rules and regulations applicable to municip al courts. The rules and685 regulations made or adopted shall be filed with the city clerk, shall be available for public686 inspection, and, upon request, a copy shall be furnished to all defendants in municipal court687 proceedings.688 H. B. 1525 - 31 - 26 LC 47 3951/AP ARTICLE V.689 ELECTIONS AND REMOVAL690 SECTION 5.10.691 Applicability of general law.692 All primaries and elections shall be held and conducted in acco rdance with the Title 21,693 Chapter 2 of the Official Code of Georgia Annotated, the 'Georgia Election Code,' as now694 or hereafter amended.695 SECTION 5.11.696 Election of the Mayor and Councilmembers.697 (a) There shall be a municipal general election biennially in the odd years as provided by698 this charter and state law on the Tuesday next following the first Monday in November.699 (b) It is the intent of this section of the charter of the Cit y of Auburn that the elected700 officials of the City of Auburn serve staggered terms with the mayor and two701 councilmembers to be elected in 2027 and every four years there after and with two702 councilmembers to be elected in 2029 and every four years thereafter.703 (c) The mayor and each councilmember shall be elected by the electors voting in the entire704 city at large. The mayor may reside in any district of the city as set forth in subsection (d)705 of this section. Each councilmember must reside in the district as set forth in subsection706 (d) of this section that they qualify for both at the time of qualification for that district post707 and throughout their elected service in that position. Each elector shall be entitled to vote708 for one candidate for each municipal office which is to be fill ed at any election. At the709 general municipal election conducted in 2027 and every four yea rs thereafter, the710 candidates who receive the highest number of votes cast for the office of mayor and711 H. B. 1525 - 32 - 26 LC 47 3951/AP councilmember posts 1 and 3 shall be the persons elected to those offices. At the general712 municipal election conducted in 2029 and every four years thereafter, the candidates who713 receive the highest number of votes cast for council member pos ts 2 and 4 shall be the714 persons elected to those offices.715 (d) The four council member districts in effect on the day immediately prior to effective716 date of this section shall continue in full force and effect un til otherwise amended as717 provided by law. The districts may be modified from time to time by ordinance as required718 by this charter, state and federal law. In amending district l ines to achieve similar719 populations in each district, the council may take into account neighborhoods, roads and720 other landmarks or land divisions that provide appropriate lines between districts. The four721 districts shall each be represented by one council member who shall run for and be elected722 to that district post. The four district posts shall be known as Post 1, Post 2, Post 3 and Post723 4. Any candidate for a council member position shall qualify o nly for the post of the724 district in which they reside and shall designate the post whic h the candidate is seeking725 when qualifying. The designation shall be entered upon the ballot in such manner so that726 in the ensuing election such candidate shall only oppose the other candidate or candidates,727 if any, designating the same specific district post.728 SECTION 5.12.729 Non-partisan elections.730 Political parties shall not conduct primaries for city offices and all names of candidates for731 city offices shall be listed without party designations.732 H. B. 1525 - 33 - 26 LC 47 3951/AP SECTION 5.13.733 Election by plurality.734 The person receiving a plurality of the votes cast for any city office shall be elected.735 SECTION 5.14.736 Special elections; vacancies.737 In the event that the office of mayor or councilmember shall be come vacant as provided738 in Section 2.12 of this charter, the remaining council shall order a special election to fill the739 balance of the unexpired term of such official; provided, however, if such vacancy occurs740 within ninety days of the expiration of the term of that office, a successor shall be elected741 at the next regularly scheduled election. In all other respects, the special election shall be742 held and conducted in accordance Chapter 2 of Title 21 of the O fficial Code of Georgia743 Annotated, the 'Georgia Election Code,' as now or hereafter amended.744 SECTION 5.15.745 Removal of officers.746 (a) The mayor or councilmembers may be removed from office for any one or more of the747 following causes:748 (1) Incompetence, misfeasance or malfeasance in office;749 (2) Conviction of a crime involving moral turpitude;750 (3) Failure at any time to possess any qualifications of office as provided by this charter751 or by law;752 (4) Knowingly violating any express prohibition of this charter or city ordinance;753 (5) Abandonment of office or neglect to perform the duties thereof; or754 H. B. 1525 - 34 - 26 LC 47 3951/AP (6) Failure for any other cause to perform the duties of office as required by this charter755 or by state law.756 (b) Removal of any officer pursuant to subsection (a) of this section shall be heard in an757 investigative hearing conducted by the municipal court judge. The city solicitor shall758 present the city's case in the matter. The mayor or councilmember shall be entitled to be759 represented and to present evidence and arguments to the municipal court judge in his own760 defense.761 (c) The hearing shall be conducted according to the following general rules of procedure:762 (1) The city shall have the burden of proving its case by clear and convincing evidence763 of the grounds for removal cited in Section 5.15(a) of this charter; and764 (2) The city solicitor shall issue a notice of the investigative hearing, which shall contain765 in writing the nature of the charges and the specific sections or subsections of Section766 5.15(a) of this charter, which the mayor or councilmember is alleged to have violated;767 (d) The general rules of evidence of the courts of the State o f Georgia shall apply to the768 hearing. The order of proof shall be that the city solicitor p resents the city's case. All769 witnesses shall be given an oath at the time they begin their t estimony and all evidence770 shall be taken down by a court reporter. All of the witnesses presented by the city shall be771 subject to cross-examination by the mayor or councilmember or h is counsel. At the772 conclusion of the city's evidence, the mayor or councilmember shall be allowed to present773 evidence and witnesses in support of his position.774 (e) At the conclusion of the mayor or councilmember's evidence , the city shall have the775 right to present rebuttal evidence. The mayor or councilmember s h a l l b e g i v e n t h e776 opportunity to present rebuttal evidence.777 (f) At the close of the evidence, both sides shall have the op portunity to make oral778 arguments to the municipal court judge regarding their positions on the evidence presented. 779 At that time, they shall also make any legal arguments necessary to preserve any issues and780 present them to the municipal court judge for determination. Upon the conclusion of the781 H. B. 1525 - 35 - 26 LC 47 3951/AP hearing, the municipal court judge shall recess the hearing to consider and review all of the782 evidence presented. The municipal court judge shall make a rec ommendation to the783 council regarding any removal or disciplinary action for the ma yor or councilmember784 under Section 5.15 of this charter.785 (g) At their next regularly scheduled meeting, the council sha ll consider the786 recommendation of the municipal court judge and shall either accept the recommendations787 or make any amendment, revisions or modification to the municip al court judge's788 recommendation. Any action to remove an officer, mayor, or cou ncilmember from his789 office shall require majority vote of the remaining council. The officer whose removal or790 discipline is being considered shall not vote on his own removal or discipline.791 (h) Any elected officer sought to be removed from office under this subsection shall have792 the right to appeal from the decision of the council to the superior court of Barrow County. 793 Such appeal shall be governed by the same rules as govern appea ls to the superior court794 from lower courts.795 SECTION 5.16.796 Terms of office.797 Commencing with the election after the start of the term of council beginning January 1,798 2026, and thereafter, no council member elected or qualified for three consecutive terms799 shall be eligible for the next succeeding term based upon previ ous elective service. 800 Commencing with the election after the start of the term of council beginning January 1,801 2026 and thereafter, no mayor elected or qualified for three co nsecutive terms shall be802 eligible for the next succeeding term based upon previous elective service. The limitation803 of two consecutive terms shall not overlap or run concurrent be tween being a804 councilmember position and a mayor as the term limit period is to the particular elected805 position and are not to be combined.806 H. B. 1525 - 36 - 26 LC 47 3951/AP ARTICLE VI.807 FINANCE808 SECTION 6.10.809 Property tax.810 The council may assess, levy and collect an ad valorem tax on a ll real and personal811 property within the corporate limits of the city that is subject to such taxation by the state812 and county. This tax is for the purpose of raising revenues to defray the costs of operating813 the city government, of providing governmental services, for th e repayment of principal814 and interest on general obligations, and for any other public purpose as determined by the815 council in its discretion.816 SECTION 6.11.817 Millage rate; due dates; payment methods.818 The council, by ordinance, shall establish a millage rate for t he property tax, a due date,819 and the time period within which these taxes must be paid. The council, by ordinance, may820 provide for the payment of these taxes by installments or in on e lump sum, as well as821 authorize the voluntary payment of taxes prior to the time when due.822 SECTION 6.12.823 Occupation and business taxes.824 The council, by ordinance, shall have the power to levy such occupation or business taxes825 as are not denied by law. Such taxes may be levied on both individuals and corporations826 who transact business in this city or who practice or offer to practice any profession or827 H. B. 1525 - 37 - 26 LC 47 3951/AP calling within the city to the extent such persons have a constitutionally sufficient nexus828 to this city to be so taxed. The council may classify businesses, occupations, professions829 or callings for the purpose of such taxation in any way which m ay be lawful and may830 compel the payment of such taxes as provided in Section 6.18 of this charter.831 SECTION 6.13.832 Licenses; permits; fees.833 The council by ordinance shall have the power to require any individual or corporation who834 transacts business in the city or who practices or offers to practice any profession or calling835 within the city to obtain a license or permit for such activity from the city and to pay a836 reasonable fee for such license or permit where such activities are not now regulated by837 general law in such a way as to preclude city regulations. Such fees may reflect the total838 cost to the city of regulating the activity and, if unpaid, sha ll be collected as provided in839 Section 6.18 of this charter. The council by ordinance may est ablish reasonable840 requirements for obtaining or keeping such licenses as the public health, safety and welfare841 necessitate.842 SECTION 6.14.843 Franchises.844 The council shall have the power to grant franchises for the us e of the city's streets and845 alleys for the purposes of railroads, street railways, telephon e companies, electric846 companies, cable television, gas companies, transportation comp anies and other similar847 organizations. The council shall determine the duration, terms, whether the same shall be848 exclusive or nonexclusive, and the consideration for such franchises; provided, however,849 no franchise shall be granted unless the city receives just and adequate compensation850 H. B. 1525 - 38 - 26 LC 47 3951/AP therefore. The council shall provide for the registration of all franchises with the city clerk. 851 The council may provide by ordinance for the registration within a reasonable time of all852 franchises previously granted.853 SECTION 6.15.854 Service charges.855 The council by ordinance shall have the power to assess and collect fees, charges, and tolls856 for sewers, sanitary and health services, or any other services provided or made available857 inside and outside the city limits of the city for the total co st to the city of providing or858 making available such services. If unpaid, such charges shall be collected as provided in859 Section 6.18 of this charter.860 SECTION 6.16.861 Special assessments.862 The council, by ordinance, shall have the power to assess and c ollect the cost of863 constructing, reconstructing, widening, or improving any public way, street, sidewalk,864 curbing, gutters, sewers, or other utility mains and appurtenan ces from the abutting865 property owners under such terms and conditions as are reasonab le. If unpaid, such866 charges shall be collected as provided in Section 6.18 of this charter.867 H. B. 1525 - 39 - 26 LC 47 3951/AP SECTION 6.17.868 Construction; other taxes.869 This city shall be empowered to levy any other tax allowed now or hereafter by law, and870 the specific mention of any right, power or authority in this article shall not be construed871 as limiting in any way the general powers of this city to govern its local affairs.872 SECTION 6.18.873 Collection of delinquent taxes and fees.874 The council, by ordinance, may provide generally for the collec tion of delinquent taxes,875 fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by876 whatever reasonable means as are not precluded by law. This shall include providing for877 the dates when the taxes or fees are due; late penalties or interest; issuance and execution878 of fi.fa.s; creation and priority of liens; making delinquent taxes and fees personal debts of879 the persons required to pay the taxes or fees imposed; revoking city licenses for failure to880 pay any city taxes or fees; and providing for the assignment or transfer of tax executions.881 SECTION 6.19.882 General obligation bonds.883 The council shall have the power to issue bonds for the purpose of raising revenue to carry884 out any project, program or venture authorized under this charter or the laws of the state. 885 Such bonding authority shall be exercised in accordance with th e laws governing bond886 issuance by municipalities in effect at the time said issue is undertaken.887 H. B. 1525 - 40 - 26 LC 47 3951/AP SECTION 6.20.888 Revenue bonds.889 Revenue bonds may be issued by the council as state law now or hereafter provides. Such890 bonds are to be paid out of any revenue produced by the project , program or venture for891 which they were issued.892 SECTION 6.21.893 Short-term loans.894 The city may obtain short-term loans and repay such loans not later than December 31 of895 each year, unless otherwise provided by law.896 SECTION 6.22.897 Fiscal year.898 The council shall set the fiscal year by ordinance. This fisca l year shall constitute the899 budget year and the year for financial accounting and reporting of each and every office,900 department, agency and activity of the city government.901 SECTION 6.23.902 Preparation of budgets.903 The council shall provide an ordinance on the procedures and re quirements for the904 preparation and execution of an annual operating budget, a capital improvement program905 and a capital budget, including requirements as to the scope, c ontent and form of such906 budgets and programs.907 H. B. 1525 - 41 - 26 LC 47 3951/AP SECTION 6.24.908 Submission of budget to council.909 On or before a date fixed by the council but not later than 60 days prior to the beginning910 of each fiscal year, the city manager shall submit to the council a proposed budget for the911 ensuing fiscal year. The budget shall be accompanied by a message from the city manager912 containing a statement of the general fiscal policies of the ci ty, the important features of913 the budget, explanations of major changes recommended for the next fiscal year, a general914 summary of the budget, and such other comments and information as he may deem915 pertinent. The operating budget and the capital improvements budget hereinafter provided916 for, the budget message, and all supporting documents shall be filed in the office of the city917 clerk and shall be open to public inspection.918 SECTION 6.25.919 Action by council on budget.920 (a) The council may amend the budget proposed by the city mana ger; except, that the921 budget as finally amended and adopted must provide for all expenditures required by state922 law or by other provisions of this charter and for all debt ser vice requirements for the923 ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated924 fund balance, reserves, and revenues.925 (b) The council by ordinance shall adopt the final budget for the ensuing fiscal year not926 later than the fifteenth day of the first month of the fiscal year. If the council fails to adopt927 the budget by this date, the amounts appropriated for operation for the current fiscal year928 shall be deemed adopted for the ensuing fiscal year on a month- to-month basis, with all929 items prorated accordingly until such time as the council adopts a budget for the ensuing930 fiscal year. Adoption of the budget shall take the form of an appropriations ordinance931 H. B. 1525 - 42 - 26 LC 47 3951/AP setting out the estimated revenues in detail by sources and making appropriations according932 to fund and by organizational unit, purpose, or activity as set out in the budget preparation933 ordinance adopted pursuant to Section 6.23 of this charter.934 (c) The amount set out in the adopted budget for each organizational unit shall constitute935 the annual appropriation for such, and no expenditure shall be made or encumbrance936 created in excess of the otherwise encumbered balance of the appropriations or allotment937 thereof, to which it is chargeable.938 SECTION 6.26.939 Tax levies.940 Following adoption of the budget, the council shall levy by ord inance such taxes as are941 necessary. The taxes and tax rates set by such ordinance shall be such that reasonable942 estimates of revenues from such levy shall at least be sufficie nt, together with other943 anticipated revenues, fund balances and applicable reserves, to equal the total amount944 appropriate for each of the several funds set forth in the annu al budget for defraying the945 expenses of the general government of this city.946 SECTION 6.27.947 Changes in appropriations.948 The council by ordinance may make changes in the appropriations contained in the current949 budget, at any regular meeting, special or emergency meeting called for such purpose, but950 any additional appropriations may be made only from an existing unexpended surplus.951 H. B. 1525 - 43 - 26 LC 47 3951/AP SECTION 6.28.952 Independent audit.953 There shall be an annual independent audit of all city accounts , funds and financial954 transactions by a certified public accountant selected by the c ouncil. The audit shall be955 conducted according to generally accepted accounting principles. Any audit of any funds956 by the state or federal governments may be accepted as satisfying the requirements of this957 charter. Copies of all audit reports shall be available to the public in accordance with958 public open records law.959 SECTION 6.29.960 Contracting procedures.961 No contract with the city shall be binding on the city unless:962 (1) It is in writing; and963 (2) It is made or authorized by the council and such approval is entered in the council964 minutes.965 SECTION 6.30.966 Centralized purchasing.967 The council shall by ordinance prescribe procedures for a system of centralized purchasing968 for the city.969 H. B. 1525 - 44 - 26 LC 47 3951/AP SECTION 6.31.970 Sale of city property.971 (a) The council may sell and convey any real or personal property owned or held by the972 city for governmental or other purposes as now or hereafter provided by law.973 (b) The council may quitclaim any rights it may have in proper ty not needed for public974 purposes upon report by the mayor and adoption of a resolution, both finding that the975 property is not needed for public or other purposes and that the interest of the city has no976 readily ascertainable monetary value.977 (c) Whenever in opening, extending or widening any street, avenue, alley or public place978 of the city, a small parcel or tract of land is cut-off or separated by such work from a larger979 tract or boundary of land owned by the city, the council may authorize the mayor to sell or980 convey said cut-off or separated parcel or tract of land to an abutting or adjoining property981 owner or owners where such sale and conveyance facilitates the enjoyment of the abutting982 owner's property. Included in the sales contract shall be a provision for the rights-of-way983 of said street, avenue, alley or public place. Each abutting property owner shall be notified984 of the availability of the property and given the opportunity to purchase said property under985 such terms and conditions as set out by ordinance. All deeds and conveyances heretofore986 and hereafter so executed and delivered shall convey all title and interest the city has in987 such property, notwithstanding the fact that no public sale aft er advertisement was or is988 hereafter made.989 H. B. 1525 - 45 - 26 LC 47 3951/AP ARTICLE VII.990 GENERAL PROVISIONS991 SECTION 7.10.992 Prior ordinances.993 All ordinances, resolutions, rules and regulations now in force in the city consistent with994 this charter are hereby declared valid and of full effect and force until amended or repealed995 by the council.996 SECTION 7.11.997 Pending matters.998 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,999 contracts and legal or administrative proceedings shall continu e and any such ongoing1000 work or cases shall be completed by such city agencies, personn el or offices as may be1001 provided by the council.1002 SECTION 7.12.1003 Construction.1004 (a) Section captions in this charter are informative only and are not to be considered as a1005 part thereof.1006 (b) The word 'shall' is mandatory and the word 'may' is permissive.1007 (c) The singular shall include the plural, the masculine shall include the feminine, and vice1008 versa.1009 H. B. 1525 - 46 - 26 LC 47 3951/AP SECTION 7.13.1010 Severability.1011 If any article, section, subsection, paragraph, sentence, clause or phrase of this charter shall1012 be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner1013 affect the other sections, subsections, sentences, clauses, or phrases of this charter, which1014 shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase1015 so declared or adjudged invalid or unconstitutional were not originally a part hereof. The1016 council declares that it would have passed the remaining parts of this charter if it had1017 known that such part or parts hereof would be declared or adjud ged invalid or1018 unconstitutional."1019 SECTION 2.1020 All laws and parts of laws in conflict with this Act are repealed.1021 H. B. 1525 - 47 -