HB1556: HB1556 Nicholls, City of; provide new charter

26 LC 47 3806/AP House Bill 1556 (AS PASSED HOUSE AND SENATE) By: Representative O’Steen of the 169th A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Nicholls; to provide for incorporation, boundaries,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, prohi bitions, elections, terms,3 removal from office, method of filling vacancies, compensation, expenses, and qualifications4 of the city council; to provide for holding other offices and financial interests; to provide for5 inquiries and investigations; to provide for organization and meeting procedures; to provide6 for ordinances; to provide for eminent domain; to provide for the office and certain powers7 and duties of the city manager; to provide for the office of ma yor and certain duties and8 powers relative to the office of mayor; to provide for a mayor pro tem; to provide for9 administrative responsibilities; to provide for a city attorney, city clerk, and other personnel;10 to provide for the establishment of a municipal court and the j udge or judges thereof; to11 provide for practices and procedures; to provide for taxation, permits, and fees; to provide12 for service charges and assessments; to provide for bonded and other indebtedness; to13 provide for accounting and budgeting; to provide for contracting and purchasing; to provide14 for sale of city property; to provide for bonds for officers; to provide for pending matters; to15 provide for definitions and construction; to provide for severa bility; to provide for related16 matters; to repeal specific Acts; to repeal conflicting laws; and for other purposes.17 H. B. 1556 - 1 - 26 LC 47 3806/AP BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 ARTICLE I19 INCORPORATION AND POWERS20 SECTION 1.10. 21 Reincorporation.22 The City of Nicholls, and the inhabitants thereof, are reincorporated by the enactment of this23 charter and are hereby constituted and declared a body politic and corporate under the name24 and style of the City of Nicholls, Georgia, and by that name shall have perpetual succession.25 SECTION 1.11. 26 Corporate boundaries.27 (a) The corporate boundaries of this city shall be those existing on the effective date of the28 adoption of this charter with such alterations as may be made f rom time to time in the29 manner provided by law. The boundaries of this city at all times shall be shown on a map,30 a written description, or any combination thereof, to be retained permanently in the office of31 the city clerk and to be designated, as the case may be: "Official Map (or Description) of the32 corporate limits of the City of Nicholls, Georgia." Photographi c, typed, or other copies of33 such map or description certified by the city clerk shall be admitted as evidence in all courts34 and shall have the same force and effect as with the original map or description.35 (b) All future alterations of said map or description, as directed by the council to reflect36 lawful changes in the corporate boundaries, shall be signed by the mayor and city clerk. A37 redrawn map or description shall supercede, for all purposes, t he entire map or maps and38 description or descriptions which it is designated to replace.39 H. B. 1556 - 2 - 26 LC 47 3806/AP SECTION 1.12.40 General powers and construction.41 (a) This city shall have all powers possible for a municipality to have under the present or42 future Constitution and laws of this state as fully and complet ely as though they were43 specifically enumerated in this charter. This city shall have all the powers of44 self-government not otherwise prohibited by this charter or by general law.45 (b) The powers of this city shall be construed liberally in fa vor of the city. The specific46 mention or failure to mention particular powers shall not be construed as limiting in any way47 the powers of this city.48 SECTION 1.13. 49 Examples of powers.50 The corporate powers of the city shall include, but not be limited to, the following:51 (1) Animal regulations - to regulate and license or to prohibit the keeping or running at52 large of animals and fowl;53 (2) Appropriations and expenditures - to make appropriations f or the support of the54 government of the city; to authorize the expenditure of money f or any purposes55 authorized by this charter and for any purpose for which a municipality is authorized by56 the laws of the State of Georgia; and to provide for the payment of expenses of the city;57 (3) Building regulation - to regulate and to license the erect ion and construction of58 buildings and all other structures; to adopt building, housing, plumbing, fire safety,59 electrical, gas, and heating and air conditioning codes; and to regulate all housing and60 building trades;61 H. B. 1556 - 3 - 26 LC 47 3806/AP (4) Business regulation - to regulate and to license the erect ion and construction of62 buildings and structures, to adopt, building, housing, plumbing, fire safety, electrical, gas,63 and heating and air codes; and to regulate housing and building trades;64 (5) Business fees and taxation - to levy and provide for the regulatory fees and taxes on65 privileges, occupation, trade and professions authorized by Title 48 of the O.C.G.A., to66 permit and regulate the same and to revoke such permits after the process for failure to67 comply with city taxes or fees;68 (6) Condemnation - to condemn property inside or outside of th e limits of the city for69 present or future use or for any purposes deemed necessary by t he governing authority70 utilizing procedures enumerated in Title 22 of the O.C.G.A.;71 (7) Contracts - to enter into agreements and contracts with other governmental entities72 and private persons or firms and corporations;73 (8) Emergencies - to establish procedures for determining or p roclaiming that an74 emergency situation exists within the city and carrying out all reasonable provisions75 deemed necessary to deal with such an emergency for the protection, safety, health and76 well-being of the citizens of the city;77 (9) Fire regulations - to fix and establish fire limits and fr om time to time to extend,78 enlarge, or restrict the same and to describe fire safety regulations not inconsistent with79 Georgia law, relating to both fire prevention and firefighting;80 (10) Garbage fees - to levy, fix, assess and collect a garbage, refuse, and trash collection81 and disposal and other sanitary service charge, tax, or fee for such services as is necessary82 in the operation of the city for all individuals or corporations residing in or doing business83 within the city;84 (11) General health, safety and welfare - to define, regulate and prohibit any act, 85 practice, conduct or use of property which is detrimental to th e health, sanitation,86 cleanliness, welfare, and safety of the inhabitants of the city ; and to provide for the87 enforcement of such standards;88 H. B. 1556 - 4 - 26 LC 47 3806/AP (12) Gifts - to accept or refuse gifts, donations, bequests, or grants from any source for89 any purposes related to the powers and duties of the city and t he general welfare of its90 citizens on such terms and conditions as a donor or grantor may impose;91 ( 1 3 ) H e a l t h a n d s a n i t a t i o n - t o p r e s c r i b e s t a n d a r d s o f h e a l t h and sanitation and to92 provide for the enforcement of such standards;93 (14) Motor vehicles - to regulate operation of motor vehicles and exercise control over94 all traffic including parking upon and across streets, roads, alleys, and walkways of the95 city; 96 (15) Municipal agencies and delegation of power - to create, alter or abolish departments,97 boards, offices, commissions, and agencies of the city and to confer upon such agencies98 the necessary and appropriate authority to carry out all powers conferred upon or99 delegated to the same;100 (16) Municipal debts - to appropriate and borrow money for the payment of the debts of101 the city, and to issue bonds for the purpose of raising revenue to carry out a new project,102 program, or adventure authorized by this charter or the laws of the State of Georgia; and103 to obtain and to apply for grants for the purpose of this paragraph;104 (17) Municipal property ownership - to acquire, dispose of, le ase, or hold in trust or105 otherwise any real, personal, or mixed property, in fee simple or lesser interest inside or106 outside the limits of the city;107 (18) Municipal utilities - to acquire, lease, construct, operate, maintain, sell and dispose108 all public utilities including, but not limited to, waterworks, sewers, drains, sewage109 disposal and stormwater management; to fix the taxes, charges, rates, fares, fees,110 assessments, regulations and penalties; and to provide for the trial service for usual failure111 to pay the same;112 (19) Nuisance - to define a nuisance and to provide for its aba tement whether it is on113 public or private property;114 H. B. 1556 - 5 - 26 LC 47 3806/AP (20) Penalties - to provide penalties for violation of any ordinance adopted pursuant to115 the authority of this charter and the laws of the State of Georgia; 116 (21) Planning and zoning - to provide comprehensive city planning for any development117 by zoning and to provide subdivision regulation and the like as the city council deems118 necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; 119 (22) Police and fire protection - to exercise the power of arrest through duly appointed120 police officers and to establish, operate, or contract for a police and a firefighting agency;121 (23) Public hazards - to provide for the destruction and removal of any building or other122 structure which is or may become dangerous or detrimental to the public;123 (24) Regulation of roadside areas - to prohibit or regulate an d control the erection,124 removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any125 and all of the structures or obstructions upon or adjacent to the rights of way of the streets126 and roads within the city and to prescribe penalties and punishment for violation of such127 ordinances;128 (25) Retirement - to provide and maintain a retirement plan or other employee benefit129 plans and programs for officers and employees of the city;130 (26) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade131 of, abandon or close, construct, pave, curb, or gutter, or othe rwise improve, maintain,132 repair, or clean all roadways, light, roads, alleys and walkways within the corporate limits133 of the city; 134 (27) Solid waste disposal - to provide for the collection and disposal of garbage, rubbish,135 and refuse; and to regulate the collection and disposal of garb age, rubbish, refuse by136 others; and137 (28) Other powers - to exercise and enjoy all other powers, functions, rights, privileges138 and immunities necessary or desirable to promote or protect the safety, health, peace,139 security, good order, comfort, convenience, or general welfare of the city and its140 inhabitants; to exercise all implied powers necessary or desira ble to carry out the141 H. B. 1556 - 6 - 26 LC 47 3806/AP execution of all powers granted in this charter as fully and completely as if such powers142 were fully stated herein; to exercise all powers now or in the future authorized to be143 exercised by other municipal governments under other laws of the State of Georgia, and144 no listing of particular powers in this charter shall be held to be exclusive of others, nor145 are restrictive of general words and phrases granting powers, b ut shall be held to be in146 addition to such powers unless expressly prohibited to municipa lities under the147 Constitution or laws of the State of Georgia.148 SECTION 1.14.149 Exercise of powers.150 All powers, functions, rights, and privileges of this city and i t s o f f i c e r s , a g e n c i e s , o r151 employees shall be carried into execution as provided by ordina nce or as provided by152 pertinent laws of the State of Georgia. 153 ARTICLE II154 GOVERNMENT STRUCTURE155 SECTION 2.10.156 City council creation; number; and election.157 The legislative authority of the government of the city, except as otherwise specifically158 provided in this charter, shall be vested in a city council to be composed of five159 councilmembers. The city council established shall in all respe cts be a successor to and160 continuation of the governing authority under prior law. Counci lmembers shall be elected161 in the manner provided by general law and in this charter. Members of the city council shall162 H. B. 1556 - 7 - 26 LC 47 3806/AP be elected by the voters of the city at large and the regular e lection of all five163 councilmembers shall occur in the same year. 164 SECTION 2.11.165 City council terms and qualifications for office.166 The members of the city council shall serve terms of four years and until their respective167 successors are elected and qualified. No person shall be eligible to serve as a councilmember168 unless that person shall be a resident of the city for 12 months prior to the date of the election169 of members of the city council and is registered and qualified to vote in municipal elections170 of the city. Each councilmember shall continue to reside within the city during that member's171 period of service and to be registered and qualified to vote in municipal elections of the city. 172 SECTION 2.12.173 Vacancy; filling of vacancies.174 (a) The office of a councilmember shall become vacant upon the incumbent's death,175 resignation, forfeiture of office, or occurrence of any event specified by the Constitution of176 the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may177 be hereafter enacted.178 (b) A vacancy in the office of a councilmember shall be filled for the remainder of the179 unexpired term by appointment of the majority vote of the remaining city councilmembers180 if there remain less than 12 months on the unexpired term. If such vacancy occurs 12 months181 or more prior to the expiration of that term of office, it shall be filled for the remainder of the182 unexpired term by a special election.183 H. B. 1556 - 8 - 26 LC 47 3806/AP SECTION 2.13.184 Compensation; expenses.185 Councilmembers shall receive compensation and reimbursement for expenses for their186 services as provided by city ordinance, as may be amended.187 SECTION 2.14.188 Holding of other office or voting when financially interested.189 (a) Elected and official city officers are trustees and servants of the residents of the city, and190 shall act in a fiduciary capacity for the benefit of such residents. 191 (b) Except as authorized by law, a councilmember shall not hold any other city office or city192 employment during the time for which that person was elected. 193 (c) No member of the city council shall vote upon or sign any ordinance, resolution,194 contract, other matter in which that person is financially interested. 195 SECTION 2.15.196 Inquiries and investigations.197 Following the adoption of an authorizing resolution, the city council may make inquiries and198 investigations into the affairs of the city and the conduct of any department, office, or agency199 thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and200 require the production of evidence. Any person who fails or refuses to obey a lawful order201 H. B. 1556 - 9 - 26 LC 47 3806/AP issued in the exercise of these powers by the city council shall be punishable as provided by202 ordinance.203 SECTION 2.16.204 General power and authority of the city council.205 (a) Except as otherwise provided by law or this charter, the city council shall be vested with206 all the powers of the government of this city. 207 (b) In addition to all powers conferred upon it by law, the ci ty council shall have the208 authority to adopt and provide for the execution of such ordinances, resolutions, rules, and209 regulations, not inconsistent with this charter and the Constitution of the State of Georgia,210 which it shall deem necessary, expedient, or helpful for the peace, good order, protection of211 life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being212 of the inhabitants of the City of Nicholls and may enforce such ordinances by imposing213 penalties for violation thereof. 214 SECTION 2.17.215 Eminent domain.216 The city council is hereby empowered to acquire, construct, op erate, and maintain public217 ways, parks, public grounds, cemeteries, public buildings, libraries, sewers, drains, sewage218 treatment, waterworks, and any other public improvements inside the city, and to regulate219 the use thereof for such purposes. Property may be condemned under procedures established220 under the general laws of the State of Georgia applicable now or as provided in the future. 221 H. B. 1556 - 10 - 26 LC 47 3806/AP SECTION 2.18.222 Meetings.223 (a) The city council shall hold regularly scheduled meetings o n the first Monday of each224 month, unless that date conflicts with a holiday, then the meet ing shall be held on the225 following day. 226 (b) Special meetings of the city council may be held if called by the mayor or two members227 of the city council. Notice of such special meetings shall be served on all members228 personally, or by telephone personally, at least 48 hours in ad vance of the meeting. Such229 notice to the councilmembers shall not be required if the mayor and all councilmembers are230 present when the special meeting is called. Such notice of any special meeting may be231 waived by a councilmember in writing before or after such meeti ng, and attendance at the232 meeting shall also constitute a waiver of notice on any busines s transacted with such233 councilmembers present. Only the business stated in the call may be transacted at the special234 meeting. 235 (c) All meetings of the city council shall be public to the extent required by law and notice236 to the public of where a special meeting shall be made fully as is reasonably possible and237 provided by O.C.G.A. § 50-14-1 or such other applicable laws as are or may be hereafter238 enacted. 239 SECTION 2.19.240 Rules of procedure.241 (a) The city council shall adopt its rules of procedure and order of business consistent with242 the provisions of this charter, and shall provide for the keepi ng of a journal of its243 proceedings, which shall be a public record. 244 H. B. 1556 - 11 - 26 LC 47 3806/AP (b) The mayor shall appoint all officers and committees of the city council and designate245 committee chairs and such appointees shall serve at the pleasure of the mayor. The mayor246 which shall have the power to appoint new members to any committee at any time. 247 SECTION 2.20.248 Quorum; voting.249 (a) Three councilmembers shall constitute a quorum and shall be authorized to transact250 business of the city council. Voting on the adoption of ordinances shall be by voice vote, and251 the vote shall be recorded in the journal; provided however, th at any member of the city252 council shall have the right to request a roll call vote and such vote shall be recorded in the253 journal. Except as otherwise provided in this charter, the affirmative vote of the majority of254 the councilmembers present at the meeting shall be required for the adoption of any255 ordinance, resolution, or motion. 256 (b) No member of the city council shall abstain from voting on any matter properly brought257 before the city council for official action, except when such c ouncilmember has a conflict258 of interest which is disclosed in writing, prior to or at the m eeting, and made a part of the259 minutes. Any member of the city council present and eligible t o vote on the matter and260 refusing to do so for any reason other than a properly disclose d and recorded conflict of261 interest shall be deemed to have acquiesced or concurred with the members of the majority262 who did vote on the question involved.263 H. B. 1556 - 12 - 26 LC 47 3806/AP SECTION 2.21.264 Ordinance forms; procedures.265 (a) Every proposed ordinance should be introduced in writing and in the form required for266 final adoption. No ordinance shall contain a subject which is not expressed in its title.267 (b) An ordinance may be introduced by any councilmember and be read at a regular or268 special meeting of the city council. Ordinances shall be considered and adopted or rejected269 by the city council in accordance with the rules which it shall establish; provided, however,270 that an ordinance shall not be adopted the same date it is introduced, except for emergency271 ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the272 city clerk shall, as soon as possible, distribute a copy to the mayor and each councilmember273 and shall file a reasonable number of copies in the office of the city clerk and at such other274 public places as the city council may designate. 275 SECTION 2.22.276 Action requiring an ordinance.277 Acts of the city council which have the force and effect of law shall be enacted by ordinance. 278 SECTION 2.23. 279 Emergencies.280 (a) To address a public emergency affecting life, health, property or public peace, the city281 council may convene on the call of the mayor or two councilmembers and promptly adopt282 an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a283 franchise; regulate the rate c harged by any public utility for its services; or authorize a284 H. B. 1556 - 13 - 26 LC 47 3806/AP borrowing of money. An emergency ordinance shall be introduced in the form prescribed285 for ordinances generally, except that it shall be plainly designated as an emergency ordinance286 and shall contain, after the enacting clause, a declaration stating that an emergency exists and287 shall describe the emergency in clear and specific terms. An emergency ordinance may be288 adopted, with or without amendment, or rejected at the meeting in which it is introduced, but289 the affirmative vote of at least a majority of the councilmembers present shall be required for290 adoption. Such emergency ordinance shall become effective upon adoption or at such later291 time as it may specify. Every emergency ordinance shall automa tically stand repealed 30292 days following the date upon which it was adopted, but this shall not prevent reenactment of293 a n o r d i n a n c e i n t h e m a n n e r s p e c i f i e d i n t h i s s e c t i o n i f t h e e m ergency still exists. An294 emergency ordinance may also be repealed by adoption of a repealing ordinance in the same295 manner specified in this section for the adoption of emergency ordinances. 296 (b) Such emergency meetings shall be open to the public to the extent required by law and297 notice to the public of emergency meetings shall be made as fully as reasonably possible in298 accordance with O.C.G.A. § 50-14-1 or such other applicable laws as are or may be hereafter299 enacted. 300 SECTION 2.24.301 City manager; appointment, qualifications, compensation.302 The city council shall appoint a city manager for an indefinite term and shall fix the city303 manager's compensation. The city manager shall be appointed so lely on the basis of304 executive and administrative qualifications. A master's degree with a concentration in public305 administration, public affairs, or public policy and two years of experience in an appointed306 managerial or administrative position in local government or a bachelor's degree with five307 H. B. 1556 - 14 - 26 LC 47 3806/AP years of experience are the desired, but not required, qualifications for the person appointed308 the city manager. The city manager may also be referred to as "the manager."309 SECTION 2.25.310 Removal of the city manager.311 The city manager shall be an at-will employee and may be removed from office at any time312 by majority vote of the city council. The city council shall r eview the performance of the313 city manager on an annual basis. 314 SECTION 2.26.315 Council interference with the administration.316 Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the317 city council or councilmembers shall deal with the city officer s and employees who are318 subject to the direction and supervision of the city manager solely through the city manager,319 and neither the city council nor any of its members shall give orders to any such officer or320 employee, either publicly or privately. 321 SECTION 2.27.322 Election of mayor; forfeiture; compensation.323 The mayor shall be elected and serve a term of four years and u ntil his or her successor is324 elected and qualified. The mayor shall be a qualified elector of this city and shall have been325 a resident of the city for 12 months prior to election. The mayor shall continue to reside in326 the city during his or her period of service. The mayor shall forfeit his or her office on the327 H. B. 1556 - 15 - 26 LC 47 3806/AP same grounds and on the same procedures as for councilmembers. The compensation for328 the mayor shall be established in the same manner as for councilmembers. 329 SECTION 2.28.330 Mayor pro tem.331 By majority vote, the city council shall elect a councilmember to serve as mayor pro tem. 332 The mayor pro tem shall assume the duties and powers of the may or during the mayor's333 physical and mental disability, suspension from office, or absence. Any such disability or334 absence shall be declared by a majority vote of the city council. The mayor pro tem shall be335 authorized to carry out the powers and duties designated for th e mayor. When acting as336 mayor, the mayor pro tem shall continue to have one vote as a member of the city council. 337 SECTION 2.29.338 Powers and duties of the mayor.339 The mayor shall:340 (1) Preside over all meetings of the city council;341 (2) Be the head of the city for purpose for service of process and for ceremonial purposes342 and to be the official spokesperson for the city and chief advocate of policy;343 (3) Have the power to administer oaths;344 (4) Sign as a matter of course, on behalf of the city all writ ten and approved contracts,345 ordinances, and other instruments executed by the city, which by law are required to be in346 writing;347 H. B. 1556 - 16 - 26 LC 47 3806/AP (5) Vote on matters before the city council in the event that there is a tie vote among the348 voting councilmembers on any issue; 349 (6) In conjunction with the city manager, prepare and submit t o the city council a350 recommended annual operating budget and recommended capital budget; and351 (7) Fulfill such other executive and administrative duties as the city council shall by352 ordinance establish. 353 ARTICLE III 354 ADMINISTRATIVE AFFAIRS355 SECTION 3.10.356 Administrative and service departments.357 ( a ) E x c e p t a s o t h e r w i s e p r o v i d e d i n t h i s c h a r t e r , t h e c i t y c o uncil, by ordinance, shall358 prescribe the functions and duties, and establish, abolish, alter, consolidate or leave vacant359 all nonelective offices, positions of employment, departments, and agencies of the city, as360 necessary for the proper administration of the affairs and government of this city.361 (b) On the effective date of this charter, there shall be the following departments of the city362 government:363 (1) Administration;364 (2) Fire;365 (3) Police;366 (4) Roads; and367 (5) Water and sewer.368 H. B. 1556 - 17 - 26 LC 47 3806/AP (c) Except as otherwise provided by this charter or by law, the directors of departments of369 the city shall be appointed by the city council solely on the b asis of their respective370 administrative and professional qualifications.371 (d) All appointive officers and directors of departments shall receive such compensation as372 set by ordinance or resolution.373 (e) The director of each department or agency shall be its pri ncipal officer. Each director374 shall, subject to the direction and supervision of the city man ager, be responsible for the375 administration and direction of the affairs and operations of t hat director's department or376 agency. 377 (f) All appointed officers and directors shall be employees at-will and subject to suspension378 at any time by the city manager and removal by the city council upon recommendation to the379 city manager unless otherwise provided by law or ordinance. 380 (g) Each department director shall be subject to an annual review conducted by city council.381 SECTION 3.11.382 City attorney.383 The city council shall appoint a city attorney and shall provid e for the payment of such384 attorney for services rendered to the city. The city attorney shall be responsible for providing385 for the representation and defense of the city and all litigati on in which the city is a party; 386 shall attend the meetings of the city council as directed; shall advise the city council, mayor,387 and other officials and employees of the city concerning legal aspects of the city's affairs; and388 shall perform such other duties as may be required by virtue of such person's position as city389 attorney. The city attorney shall not be a public official of the city and is not required to take390 an oath of office. The city attorney shall at all times be an independent contractor. 391 H. B. 1556 - 18 - 26 LC 47 3806/AP SECTION 3.12.392 City clerk.393 The city council shall appoint a city clerk who shall not be a councilmember. The city clerk394 position shall be reviewed on an annual basis by the city council. The city clerk shall be the395 custodian of the city seal in city records; maintain city counc il records required by this396 charter; and perform such other duties as may be required by the city council. The city clerk397 shall be responsible for the administrative department of the city supervising all personnel398 working in offices located in city hall.399 SECTION 3.13.400 Position classification and pay plans.401 The city manager shall be responsible for the preparation of position classification and pay402 plans which shall be submitted to the city council for approval. Such plans shall apply to all403 employees of the city and any of its agencies, departments, boa rds, commissions or404 authorities. When a pay plan has been adopted, the city council shall not increase or decrease405 the salary range in any position except by amendment of such pay plan. For the purposes of406 this section, all elected and appointed city officials are not considered city employees. City407 employees are subject to this pay plan.408 SECTION 3.14.409 Personnel Policies.410 All employees of the city serve at-will and may be removed from office at any time, unless411 otherwise provided by ordinance. 412 H. B. 1556 - 19 - 26 LC 47 3806/AP ARTICLE IV413 MUNICIPAL COURT414 SECTION 4.10.415 Creation; name.416 There shall be a court to be known as the Municipal Court of the City of Nicholls.417 SECTION 4.11.418 Chief judge; other judges.419 (a) The municipal court shall be presided over by a chief judge and such part-time, full-time,420 or stand-by judges as shall be provided by ordinance.421 (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless422 that person shall have attained the age of 21 years and shall p ossess all qualifications423 required by law. All judges sh all be appointed by the city cou ncil and shall serve until a424 successor is appointed and qualified.425 (c) Compensation of the judges shall be fixed by ordinance.426 (d) Judges shall serve a term and may be removed as provided by general law.427 (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge428 will honestly and faithfully discharge the duties of the office to the best of that person's429 ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of430 the city council.431 H. B. 1556 - 20 - 26 LC 47 3806/AP SECTION 4.12.432 Convening.433 The municipal court shall be convened at regular intervals as provided by ordinance.434 SECTION 4.13.435 Jurisdiction; powers.436 (a) The municipal court shall have jurisdiction and authority to try and punish violations of437 this charter, all city ordinances, and such other violations as provided by law.438 (b) The municipal court shall have authority to punish those i n its presence for contempt,439 provided that such punishment shall not exceed $200.00 or ten days in jail.440 (c) The municipal court may fix punishment for offenses within its jurisdiction not441 exceeding a fine of $1,000.00 or imprisonment for 12 months, or both. The municipal court442 may also fix punishment by alternative sentencing now or hereinafter provided by law.443 (d) The municipal court shall have authority to establish a schedule of fees to defray the cost444 of operation.445 (e) The municipal court shall have the authority to establish bail and recognizances to ensure446 the presence of those charged with violations. Whenever any person shall give bail for that447 person's appearance and shall fail to appear at the time fixed for trial, the bond may be448 forfeited pursuant to provisions of Georgia law.449 (f) The municipal court shall have the same authority as super ior courts to compel the450 production of evidence in the possession of any party; to enfor ce obedience to its orders,451 judgments and sentences; and to administer such oaths as are necessary.452 (g) The municipal court may compel the presence of all parties necessary to a proper453 disposal of each case by the issuance of summonses, subpoenas, and warrants which may be454 served as executed by any officer as authorized by this charter or by law.455 H. B. 1556 - 21 - 26 LC 47 3806/AP (h) The judge of the municipal court shall be authorized to issue warrants for the arrest of456 persons charged with offenses against any ordinance of the city , and the judge of the457 municipal court shall have the same authority as a magistrate of the state to issue warrants458 for offenses against state laws committed within the city.459 SECTION 4.14.460 Rules for court.461 The judge shall have full power and authority to make reasonabl e rules and regulations462 necessary and proper to secure the efficient and successful administration of the municipal463 court.464 SECTION 4.15.465 Petitions for review.466 The right to seek petitions for review from the decision and judgment of the municipal court467 shall exist in all criminal cases and ordinance violation cases , and such petitions shall be468 made to the Superior Court of Coffee County under the laws of t he State of Georgia469 regulating appeals to the superior courts.470 H. B. 1556 - 22 - 26 LC 47 3806/AP ARTICLE V471 ELECTIONS472 SECTION 5.10.473 Applicability of general law.474 All primaries and elections shall be held and conducted in acco rdance with Chapter 2 of475 Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended.476 SECTION 5.11.477 Election of the city council and mayor.478 (a) There shall be a municipal general election quadrennially in certain odd-numbered years479 on the Tuesday next following the first Monday in November.480 (b) The mayor and councilmembers in office on the effective date of this charter shall serve481 out the terms to which they were elected. The first election under this charter shall occur on482 the Tuesday following the first Monday in November, 2029.483 (c) The city council shall set and publish a qualifying fee fo r the offices of mayor and484 councilmember, according to state law, of three percent of the total gross salary including all485 supplements authorized by law.486 SECTION 5.12.487 Nonpartisan elections.488 Political parties shall not conduct primaries for city offices and all names of candidates for489 city offices shall be listed without party designations.490 H. B. 1556 - 23 - 26 LC 47 3806/AP SECTION 5.13.491 Elections by plurality.492 (a) The person receiving a plurality votes cast for mayor at any election for mayor shall be493 elected to the office of mayor.494 (b) The five candidates receiving the most votes at a regular election for the city council495 shall be elected to the offices of city councilmember.496 SECTION 5.14.497 Special election; vacancies.498 In the event of the office of mayor or councilmember becoming vacant, the city council or499 those remaining shall order a special election to fill the balance of the unexpired term of the500 mayor or such councilmember; provided, however, that, if the va cancy occurs within 12501 months of the expiration of the term of the city councilmember, the city council or those502 remaining shall appoint a successor for the remainder of the un expired term. Any special503 election held shall be held and conducted in accordance with Ch apter 2 of Title 21 of the504 O.C.G.A, the "Georgia Election Code," as now or hereafter amended.505 H. B. 1556 - 24 - 26 LC 47 3806/AP ARTICLE VI506 FINANCE507 SECTION 6.10.508 Property tax.509 The city council may assess, levy and collect an ad valorem tax on all real and personal510 property within the corporate limits of the city that is subjec t to taxation by the state and511 county. This tax is for the purpose of raising revenue to defray the costs of operating the city512 government, of providing governmental services, for the repayment of principal and interest513 on general obligations, and for any other public purpose which is determined by the city514 council in its discretion.515 SECTION 6.11.516 Millage rate; due dates; payment methods.517 The city council by ordinance shall establish a millage rate fo r the city property tax, a due518 date, and the time period within which these taxes must be paid.519 SECTION 6.12.520 Occupation and business taxes.521 The city council by ordinance shall have the power to levy such occupation or business taxes522 as are not prohibited by law. The city council may classify bu sinesses, occupations or523 professions for the purpose of such taxation in any way which m ay be lawful and may524 compel the payment of such taxes as provided by law or this charter.525 H. B. 1556 - 25 - 26 LC 47 3806/AP SECTION 6.13.526 Regulatory fees; permits.527 The city council by ordinance shall have the power to require b usinesses or practitioners528 doing business within the city to obtain a permit for such acti vity for the city and pay a529 reasonable regulatory fee for such permit as provided by general law.530 SECTION 6.14.531 Service charges.532 The city council by ordinance shall have the power to assess an d collect fees, charges,533 assessments, and totals for sewer, sanitary and health services, and any other services made534 available within corporate limits of the city. If unpaid, such charges shall be collected as535 provided in Section 6.17 of this charter.536 SECTION 6.15.537 Special assessments.538 The city council by ordinance shall have the power to assess an d collect the cost of539 constructing, reconstructing, widening, or improving any public way, street, sidewalk,540 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property541 owners. If unpaid, such charges shall be collected as provided in Section 6.17 of this charter. 542 H. B. 1556 - 26 - 26 LC 47 3806/AP SECTION 6.16.543 Construction; other taxes and fees.544 This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,545 and the specific mention of any right, power or authority in this article shall not be construed546 as limiting in any way the general powers of this city to govern its local affairs.547 SECTION 6.17.548 Collection of delinquent taxes and fees.549 The city council by ordinance may provide generally for the collections of delinquent taxes,550 fees, or other revenue due to the city under Section 6.10 through 6.16 or through whatever551 reasonable means not precluded by law. This shall include providing for the dates when the552 taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and553 priority of liens; making delinquent taxes and fees and personal debts of the person required554 to pay the taxes or fees imposed; revoking the city permits for failure to pay any city taxes555 or fees; and providing for the assignment or transfer of tax executions.556 SECTION 6.18.557 General obligation bonds.558 The city council shall have the power to issue bonds for the pu rpose of raising revenue to559 carry out any project, program, or venture authorized under this charter or the laws of this560 state. Such bonding authority shall be exercised in accordance with the laws governing bond561 issuance by municipalities in effect at the time said issue is undertaken.562 H. B. 1556 - 27 - 26 LC 47 3806/AP SECTION 6.19.563 Revenue bonds.564 Revenue bonds may be issued by the city council as state law no w or hereafter provides.565 Such bonds are to be paid out of any revenue produced by the project, program, or venture566 for which they were issued.567 SECTION 6.20.568 Short-term loans.569 The city may obtain short-term loans and must repay such loans not later than December 31570 of each year, unless otherwise provided by law.571 SECTION 6.21.572 Lease-purchase contracts.573 The city may enter into multiyear lease, purchase, or lease-pur chase contracts for the574 acquisition of goods, materials, real and personal property, services, and supplies provided575 the contract terminates without further obligation on the part of the municipality at the close576 of the calendar year in which it was executed and at the close of each succeeding calendar577 year for which it may be renewed. Contracts must be executed i n accordance with the578 requirements of O.C.G.A. § 36-60-13, or other such applicable laws as are or may hereafter579 be enacted.580 H. B. 1556 - 28 - 26 LC 47 3806/AP SECTION 6.22.581 Fiscal year.582 The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the583 budget year and the year for financial accounting and reporting of each and every office,584 department, agency and activity of the city government unless otherwise provided by state585 or federal law.586 SECTION 6.23.587 Preparation of budgets.588 The city council shall provide procedures and requirements for the preparation and execution589 of an annual operating budget, a capital improvement plan and a capital budget, including590 requirements as to the scope, content and form of such budgets and plans.591 SECTION 6.24.592 Submission of operating budget to city council.593 On or before a date fixed by the city council but not later than 90 days prior to the beginning594 of each fiscal year, the city manager shall submit to the city council a proposed operating595 budget for the ensuing fiscal year. The budget shall be accompanied by a message from the596 city manager containing a statement of the general fiscal policies of the city, the important597 features of the budget, explanations of major changes recommended for the next fiscal year,598 a general summary of the budget, and such other pertinent comments and information. The599 operating budget and the capital budget hereinafter provided fo r, the budget message, and600 all supporting documents shall be filed in the office of the ci ty clerk and shall be open to601 public inspection.602 H. B. 1556 - 29 - 26 LC 47 3806/AP SECTION 6.25.603 Action by city council on budget.604 (a) The city council may amend the operating budget proposed by the city manager; except,605 that the budget as finally amended and adopted must provide for all expenditures required606 by state law or by other provisions of this charter and for all debt service requirements for607 the ensuing fiscal year, and the total appropriations from any fund shall not exceed the608 estimated fund balance, reserves, and revenues.609 (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal610 year not later than the 30 days prior to the end of the fiscal year. If the city council fails to611 adopt the budget by this date, the amounts appropriated for operation for the current fiscal612 year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all613 items prorated accordingly until such time as the city council adopts a budget for the ensuing614 fiscal year. 615 (c) The amount set out in the adopted operating budget for eac h organizational unit shall616 constitute the annual appropriation for such, and no expenditur e shall be made or617 encumbrance created in excess of the otherwise unencumbered balance of the appropriations618 or allotment thereof, to which it is chargeable.619 SECTION 6.26.620 Tax levies.621 The city council shall levy by ordinance such taxes as are necessary. Taxes and tax rates set622 by such ordinance shall be such that reasonable estimates of revenue from such levies shall623 at least be sufficient, together with other anticipated revenues, fund balances and applicable624 H. B. 1556 - 30 - 26 LC 47 3806/AP reserves, to equal the total amount appropriated for each of the several funds set forth in the625 annual operating budget for defraying the expenses of the general government of the city.626 SECTION 6.27.627 Changes in appropriations.628 The city council by ordinance may make changes in the appropria tions contained in the629 current operating budget, at any regular, special or emergency meeting called for such630 purpose, but any additional appropriations may be made only from an existing unexpended631 surplus.632 SECTION 6.28.633 Independent audit.634 There shall be an annual independent audit of all city accounts , funds and financial635 transactions by a certified public accountant selected by the city council. The audit shall be636 conducted according to generally accepted auditing principles. Any audit of any funds by637 the state or federal governments may be accepted as satisfying the requirements of this638 charter. Copies of annual audit reports shall be available to the public, upon payment of such639 costs as required by O.C.G.A. § 50-18-70, et seq.640 SECTION 6.29.641 Contracting procedures.642 No contract with the city shall be binding on the city unless:643 H. B. 1556 - 31 - 26 LC 47 3806/AP (1) It is in writing;644 (2) It is drawn by or submitted to and reviewed by the city at torney, and as a matter of645 course, is signed by the city attorney to indicate such drafting or review; and646 (3) It is made or authorized by the city council and such appr oval is entered in the city647 council minute book or journal of proceedings pursuant to Section 2.21.648 SECTION 6.30.649 Sale and lease of city property.650 (a) The city council may sell, convey, lease, or grant easements and other rights in, or any651 combination thereof, any real, personal, or mixed property, or any combination thereof,652 owned or held by the city for governmental or other purposes as now or hereafter provided653 by law.654 (b) The city council may quitclaim any rights it may have in property not needed for public655 purposes upon report by the city manager and adoption of a resolution, both finding that the656 property is not needed for public or other purposes and that th e interest of the city has no657 readily ascertainable monetary value.658 (c) Whenever in opening, extending or widening any street, alley or public place of the city,659 a small parcel or tract of land is cut off or separated by such work from a larger tract or660 boundary of land owned by the city, the city council may authorize the city manager to sell661 or convey said cut off or separated parcel or tract of land to the abutting or adjoining property662 owner or owners where such sale or conveyance facilitates the enjoyment of the highest and663 best use of the abutting owner's property.664 H. B. 1556 - 32 - 26 LC 47 3806/AP ARTICLE VII665 GENERAL PROVISIONS666 SECTION 7.10.667 Bond for officers668 The officers and employees of the city, both elected and appointed, shall execute surety and669 fiduciary bonds in such amounts upon such terms and conditions as the city council shall670 from time to time require by ordinance or as may be provided by law.671 672 SECTION 7.11.673 Prior ordinances.674 All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent675 with this charter are hereby declared valid and of full effect and force until amended or676 repealed by the city council.677 SECTION 7.12.678 Existing personnel and officers.679 Except as specifically provided otherwise in this charter, all personnel and officers of the city680 and their rights, privileges and powers shall continue until amended or repealed by the city681 council. 682 H. B. 1556 - 33 - 26 LC 47 3806/AP SECTION 7.13.683 Pending matters.684 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,685 contracts, and legal or administrative proceedings shall continue and any such ongoing work686 or cases shall be completed by such city agencies, personnel, or offices as may be provided687 by the city council.688 SECTION 7.14.689 Construction.690 (a) Section captions in this charter are informative only and are not to be considered as a part691 thereof.692 (b) The word "shall" is mandatory and the word "may" is permissive.693 (c) The singular shall include the plural, the masculine shall include the feminine, and vice694 versa.695 SECTION 7.15.696 Severability.697 If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be698 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect699 or impair other parts of this charter unless it clearly appears that such other parts are wholly700 and necessarily dependent upon the part held to be invalid or unconstitutional, it being the701 legislative intent in enacting this charter that each article, section, subsection, paragraph,702 sentence, or part thereof be enacted separately and independent of each other.703 H. B. 1556 - 34 - 26 LC 47 3806/AP SECTION 7.16.704 Repealer.705 An Act to provide and establish a new charter for the Town of N ichols, in the County of706 Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), is hereby repealed in its entirety;707 and all amendatory Acts thereto are likewise repealed in their entirety.708 SECTION 7.17.709 General repealer.710 All laws and parts of laws in conflict with this charter are repealed.711 H. B. 1556 - 35 -