HB1586: HB1586 Bogart, Town of; provide new charter

26 LC 47 4278 House Bill 1586 By: Representative Gaines of the 120th A BILL TO BE ENTITLED AN ACT To provide a new charter for the Town of Bogart; to provide for reincorporation, boundaries,1 and powers of the town; to provide for the examples of powers; to provide for the governing2 structure of such town and the powers, duties, authority, elections, terms, method of filling3 vacancies, and compensation of the town council; to provide for eminent domain; to provide4 for meetings, rules of procedure, quorums, and voting; to provide for ordinances; to provide5 for emergency ordinances; to provide for codes of technical reg ulation; to provide for6 authentication, recording, and codification of ordinances; to provide for the office of mayor7 and certain duties and powers relative to the office of mayor; to provide for a mayor pro tem;8 to provide for boards, commissions and authorities; to provide for a town attorney, town9 clerk, and other personnel; to provide for the establishment of a municipal court and the10 judge or judges thereof; to provide for practices and procedure s; to provide for taxation,11 permits, and fees; to provide for franchises, service charges, and other charges; 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 town property; to provide for bonds for officers; to provide for prior ordinances,15 current employees, and pending matters; to provide for penalties; to provide for definitions16 and construction; to provide for charter reviews; to provide for severability; to provide for17 related matters; to repeal specific Acts; to repeal conflicting laws; and for other purposes.18 H. B. 1586 - 1 - 26 LC 47 4278 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 ARTICLE I20 INCORPORATION AND POWERS21 SECTION 1.10.22 Reincorporation.23 The Town of Bogart, and the inhabitants thereof, are reincorporated by the enactment of this24 charter and are hereby constituted and declared a body politic and corporate under the name25 and style of the Town of Bogart, Georgia, and by that name shall have perpetual succession.26 SECTION 1.11.27 Corporate boundaries.28 (a) The corporate boundaries of the town shall be those existing on the effective date of the29 adoption of this charter with such alterations as may be made f rom time to time in the30 manner provided by law. The boundaries of the town at all times shall be shown on a map,31 a written description, or any combination thereof, to be retained permanently in the office of32 the town clerk and to be designated, as the case may be: "Official Map (or Description) of33 the corporate limits of the Town of Bogart, Georgia." Photographic, typed, or other copies34 of such map or description certified by the town clerk shall be admitted as evidence in all35 courts and shall have the same force and effect as with the original map or description.36 (b) All future alterations of said map or description, as directed by the council to reflect37 lawful changes in the corporate boundaries, shall be signed by the mayor and town clerk. A38 redrawn map or description shall supercede, for all purposes, t he entire map or maps and39 description or descriptions which it is designated to replace.40 H. B. 1586 - 2 - 26 LC 47 4278 SECTION 1.12.41 General powers and construction.42 (a) The town shall have all powers possible for a municipality to have under the present or43 future Constitution and laws of this state as fully and complet ely as though they were44 specifically enumerated in this charter. The town shall have a ll the powers of45 self-government not otherwise prohibited by this charter or by general law.46 (b) The powers of the town shall be construed liberally in favor of the town. The specific47 mention or failure to mention particular powers shall not be construed as limiting in any way48 the powers of the town.49 SECTION 1.13.50 Examples of powers.51 The corporate powers of the town shall include, but not be limited to, the following:52 (1) Animal regulations - to regulate and license or to prohibit the keeping or running at53 large of animals and fowl;54 (2) Appropriations and expenditures - to make appropriations f or the support of the55 government of the town; to authorize the expenditure of money f or any purposes56 authorized by this charter and for any purpose for which a municipality is authorized by57 the laws of the State of Georgia; and to provide for the payment of expenses of the town;58 (3) Building regulation - to regulate and to license the erect ion and construction of59 buildings and all other structures; to adopt building, housing, plumbing, fire safety,60 electrical, gas, and heating and air conditioning codes; and to regulate all housing and61 building trades;62 (4) Business regulation taxation - to levy and to provide for the collection of regulatory63 fees and taxes on privileges, occupations, trades and professions as authorized by Title 4864 H. B. 1586 - 3 - 26 LC 47 4278 of the Official Code of Georgia Annotated, or other such applicable laws as are or may65 hereafter be enacted; to permit and regulate the same; to provi de for the manner and66 method of payment of such regulatory fees and taxes; and to rev oke such permits after67 due process for failure to pay any town taxes or fees;68 (5) Condemnation - to condemn property, inside or outside the corporate limits of the69 town, for present or future use and for any corporate purpose d eemed necessary by the70 governing authority, utilizing procedures enumerated in Title 22 of the Official Code of71 Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;72 (6) Contracts - to enter into agreements and contracts with other governmental entities73 and private persons or firms and corporations;74 (7) Emergencies - to establish procedures for determining or p roclaiming that an75 emergency situation exists within the town and carrying out all reasonable provisions76 deemed necessary to deal with such an emergency for the protection, safety, health and77 well-being of the citizens of the town;78 (8) Environmental protection - to protect and preserve the natural resources, environment79 and vital areas of the town, the region, and the state through the preservation and80 improvement of air quality, the restoration and maintenance of water resources, the81 control of erosion and sedimentation, the management of stormwater and establishment82 of a stormwater utility, the management of solid and hazardous waste, and other83 necessary actions for the protection of the environment;84 (9) Fire regulations - to fix and establish fire limits and fr om time to time to extend,85 enlarge, or restrict the same and to describe fire safety regulations not inconsistent with86 Georgia law, relating to both fire prevention and firefighting, and to prescribe penalties87 and punishments for violations thereof;88 (10) Garbage fees - to levy, fix, assess, and collect a garbage, refuse and trash collection89 and disposal, and other sanitary service charge, tax, or fee fo r such services as may be90 necessary in the operation of the town from all individuals, fi rms, and corporations91 H. B. 1586 - 4 - 26 LC 47 4278 residing in or doing business therein benefitting from such ser vices; to enforce the92 payment of such charges, taxes or fees; and to provide for the manner and method of93 collecting such service charges;94 (11) General health, safety and welfare - to define, regulate and prohibit any act, 95 practice, conduct or use of property which is detrimental to th e health, sanitation,96 cleanliness, welfare, and safety of the inhabitants of the town ; and to provide for the97 enforcement of such standards;98 (12) Gifts - to accept or refuse gifts, donations, bequests, or grants from any source for99 any purposes related to the powers and duties of the town and the general welfare of its100 citizens on such terms and conditions as a donor or grantor may impose;101 ( 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 to102 provide for the enforcement of such standards;103 (14) Jail sentences - to provide that persons given jail sentences in the town's court may104 work out such sentences in any public works or on the streets, roads, drains and other105 public property in the town, to provide for commitment of such persons to any jail, to106 provide for the use of pretrial diversion and any alternative sentencing allowed by law,107 or to provide for commitment of such persons to any county work camp or county jail by108 agreement with the appropriate county officials;109 (15) Motor vehicles - to regulate operation of motor vehicles and exercise control over110 all traffic including parking upon and across streets, roads, alleys, and walkways of the111 town;112 (16) Municipal agencies and delegation of power - to create, alter or abolish departments,113 boards, offices, commissions, and agencies of the town and to confer upon such agencies114 the necessary and appropriate authority to carry out all powers conferred upon or115 delegated to the same;116 (17) Municipal debts - to appropriate and borrow money for the payment of the debts of117 the town, and to issue bonds for the purpose of raising revenue to carry out a new project,118 H. B. 1586 - 5 - 26 LC 47 4278 program, or adventure authorized by this charter or the laws of the State of Georgia; and119 to obtain and to apply for grants for the purpose of this paragraph;120 (18) Municipal property ownership - to acquire, dispose of, le ase, or hold in trust or121 otherwise any real, personal, or mixed property, in fee simple or lesser interest inside or122 outside the limits of the town;123 (19) Municipal property protection - to provide for the preser vation and protection of124 property and equipment of the town, and the administration and use of same by the125 public; and to prescribe penalties and punishment for violations thereof;126 (20) Municipal utilities - to acquire, lease, construct, operate, maintain, sell and dispose127 of public utilities, including but, not limited to, a system of waterworks, sewers and128 drains, sewage disposal, stormwater management, gas works, electric light plants, cable129 television and other telecommunications, transportation facilities, public airports, and any130 other public utility; and to fix the taxes, charges, rates, far es, fees, assessments,131 regulations and penalties; and to provide for the withdrawal of service for refusal or132 failure to pay the same;133 (21) Nuisance - to define a nuisance and to provide for its aba tement whether it is on134 public or private property;135 (22) Penalties - to provide penalties for violation of any ordinance adopted pursuant to136 the authority of this charter and the laws of the State of Georgia;137 (23) Planning and zoning - to provide comprehensive town plann ing for any138 development by zoning and to provide subdivision regulation and the like as the town139 council deems necessary and reasonable to ensure a safe, health y, and aesthetically140 pleasing community;141 (24) Police and fire protection - to exercise the power of arrest through duly appointed142 police officers and to establish, operate, or contract for a police and a firefighting agency;143 (25) Public hazards - to provide for the destruction and removal of any building or other144 structure which is or may become dangerous or detrimental to the public;145 H. B. 1586 - 6 - 26 LC 47 4278 (26) Public improvements - to provide for the acquisition, con struction, building,146 operation and maintenance of public ways, parks and playgrounds, recreational facilities,147 cemeteries, markets and market houses, public buildings, librar ies, public housing,148 airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational,149 recreational, conservation, sport, curative, corrective, detent ional, penal and medical150 institutions, agencies and facilities; and to provide any other public improvements, inside151 or outside the corporate limits of the town; to regulate the use of public improvements;152 and for such purposes, property may be acquired by condemnation under Title 22 of the153 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter154 be enacted;155 (27) Public peace - to provide for the prevention and punishment of loitering, disorderly156 conduct, drunkenness, riots, and public disturbances;157 (28) Public transportation - to organize and operate such public transportation systems158 as are deemed beneficial;159 (29) Public utilities and services - to grant franchises or make contracts for, or impose160 taxes on public utilities and public service companies; and to prescribe the rates, fares,161 regulations and standards and conditions of service applicable to the service to be162 provided by the franchise grantee or contractor, insofar as not in conflict with valid163 regulations of the Public Service Commission;164 (30) Regulation of roadside areas - to prohibit or regulate an d control the erection,165 removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any166 and all of the structures or obstructions upon or adjacent to the rights of way of the streets167 and roads within the town and to prescribe penalties and punishment for violation of such168 ordinances;169 (31) Retirement - to provide and maintain a retirement plan or other employee benefit170 plans and programs for officers and employees of the town;171 H. B. 1586 - 7 - 26 LC 47 4278 (32) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade172 of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise173 improve, maintain, repair, clea n, prevent erosion of, and light the roads, alleys, and174 walkways within the corporate limits of the town; and to grant franchises and175 rights-of-way throughout the streets and roads, and over the bridges and viaducts for the176 use of public utilities; and to require real estate owners to repair and maintain in a safe177 condition the sidewalks adjoining their lands, and to impose penalties for failure to do so;178 (33) Sewer fees - to levy a fee, charge, or sewer tax as necessary to assure the acquiring,179 constructing, equipping, operating, maintaining, and extending of a sewage disposal plant180 and sewerage system, and to levy on those to whom sewers and se werage systems are181 made available a sewer service fee, charge or sewer tax for the availability or use of the182 sewers; to provide for the manner and method of collecting such service charges and for183 enforcing payment of the same; and to charge, impose and collect a sewer connection fee184 or fees to those connected with the system;185 (34) Solid waste disposal - to provide for the collection and disposal of garbage, rubbish186 and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by187 others; and to provide for the separate collection of glass, ti n, aluminum, cardboard,188 paper, and other recyclable materials, and to provide for the sale of such items;189 (35) Special areas of public regulation - to regulate or prohi bit junk dealers, the190 manufacture and sale of intoxicating liquors; to regulate the transportation, storage and191 use of combustible, explosive and inflammable materials, the use of lighting and heating192 equipment, and any other business or situation which may be dan gerous to persons or193 property; to regulate and control the conduct of peddlers and itinerant traders, theatrical194 performances, exhibitions, and shows of any kind, by taxation o r otherwise; to license195 and tax professional fortune telling, palmistry, and massage parlors; and to restrict adult196 bookstores to certain areas;197 H. B. 1586 - 8 - 26 LC 47 4278 (36) Special assessments - to levy and provide for the collection of special assessments198 to cover the costs for any public improvements;199 (37) Taxes - to levy and provide for the assessment, valuation , revaluation, and200 collection of taxes on all property subject to taxation and to levy and collect such other201 taxes as may be allowed now or in the future by law;202 (38) Taxicabs - to regulate and license vehicles operated for hire in the town; to limit the203 number of such vehicles; to require the operators thereof to be licensed; to require public204 liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to205 regulate the parking of such vehicles;206 (39) Urban redevelopment - to organize and operate an urban redevelopment program;207 and208 (40) Other powers - to exercise and enjoy all other powers, functions, rights, privileges209 and immunities necessary or desirable to promote or protect the safety, health, peace,210 security, good order, comfort, convenience, or general welfare of the town and its211 inhabitants; and to exercise all implied powers necessary or de sirable to carry into212 execution all powers gran ted in this charter as fully and compl etely as if such powers213 were fully stated herein; and to exercise all powers now or in the future authorized to be214 exercised by other municipal governments under other laws of the State of Georgia; and215 no listing of particular powers in this charter shall be held to be exclusive of others, nor216 restrictive of general words and phrases granting powers, but s hall be held to be in217 addition to such powers unless expressly prohibited to municipa lities under the218 Constitution or applicable laws of the State of Georgia.219 H. B. 1586 - 9 - 26 LC 47 4278 SECTION 1.14.220 Exercise of powers.221 All powers, functions, rights, privileges and immunities of the town and its officers, agencies,222 or employees shall be carried into execution as provided by this charter. If this charter makes223 no provision, such powers, functions, rights, privileges and immunities shall be carried into224 execution as provided by ordinance of the governing authority and as provided by pertinent225 laws of the State of Georgia.226 ARTICLE II227 GOVERNMENT STRUCTURE228 SECTION 2.10.229 Town council creation; number; election.230 The legislative authority of the government of the town, except as otherwise specifically231 provided in this charter, shall be vested in a town council to be composed of a mayor and232 four councilmembers. The town council shall in all respects be a s u c c e s s o r t o a n d233 continuation of the governing authority under prior law. The m ayor and councilmembers234 shall be elected in the manner provided by general law and this charter.235 SECTION 2.11.236 Terms and qualifications for office.237 The members of the town council shall serve four-year terms of office and until their238 respective successors are elected and qualified. No person shall be eligible to serve as mayor239 or councilmember unless that person has attained the age of 21 years, is a citizen of the240 H. B. 1586 - 10 - 26 LC 47 4278 United States, and shall have been a resident of the town for 12 months prior to the date of241 election of mayor or councilmembers. The mayor and each councilmember shall continue242 to reside therein during his or her period of service and to be registered and qualified to vote243 in municipal elections of the town.244 SECTION 2.12.245 Vacancy; filling of vacancies.246 (a) The office of mayor or councilmember shall become vacant upon the incumbent's death,247 resignation, ceasing to be a resident of the town, forfeiture of office or removal from office248 in any manner authorized by this charter or the laws of the State of Georgia.249 (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of250 the unexpired term, if any, by appointment by the town council or those members remaining251 if less than 12 months remain in the unexpired term. If such vacancy occurs 12 months or252 more prior to the expiration of the term of that office, the va cancy shall be filled for the253 remainder of the unexpired term by a special election, as provided for in Section 5.12 of this254 charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated,255 or other such laws as are or may hereafter be enacted.256 (c) This provision shall also apply to a temporary vacancy created by the suspension from257 office of the mayor or any councilmember.258 SECTION 2.13.259 Compensation.260 The mayor and councilmembers shall receive compensation for their services in an amount261 prescribed by ordinance.262 H. B. 1586 - 11 - 26 LC 47 4278 SECTION 2.14.263 Prohibitions.264 (a) Elected and appointed officers of the town are trustees and servants of the residents of265 the town and shall act in a fiduciary capacity for the benefit of such residents.266 (b) Except as authorized by law, no member of the council shal l hold any other elective267 municipal office or municipal employment in the Town of Bogart during the term for which268 he or she was elected.269 (c) Neither the mayor nor any councilmember shall vote upon, sign or veto any ordinance,270 resolution, contract or other matter in which he or she is personally interested.271 SECTION 2.15.272 Inquiries and investigations.273 Following the adoption of an authorizing resolution, the town council may make inquiries274 and investigations into the affairs of the town and the conduct of any department, office or275 agency thereof, and for this purpose may subpoena witnesses, ad minister oaths, take276 testimony, and require the production of evidence. Any person who fails or refuses to obey277 a lawful order issued in the exercise of these powers by the town council shall be punished278 as provided by ordinance.279 SECTION 2.16.280 General power and authority of the town council.281 (a) Except as otherwise provided by law or this charter, the town council shall be vested with282 all the powers of government of the town.283 H. B. 1586 - 12 - 26 LC 47 4278 (b) In addition to all other powers conferred upon it by law, the council shall have the284 authority to adopt and provide for the execution of such ordinances, resolutions, rules, and285 regulations, not inconsistent with this charter and the Constitution and the laws of the State286 of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,287 protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,288 or well-being of the inhabitants of the Town of Bogart and may enforce such ordinances by289 imposing penalties for violation thereof.290 SECTION 2.17.291 Eminent domain.292 The town council is hereby empowered to acquire, construct, ope rate and maintain public293 ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,294 sewers, drains, sewage treatment, waterworks, electrical system s, gas systems, airports,295 hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,296 penal and medical institutions, agencies and facilities, and any other public improvements297 inside or outside the town, and to regulate the use thereof.298 SECTION 2.18.299 Organizational meetings.300 The town council shall hold an organizational meeting at the first regular council meeting in301 January following the municipal election. The meeting shall be called to order by the town302 clerk and the oath of office shall be administered to the newly elected members as follows:303 "I do solemnly (swear)(affirm) that I will faithfully perform t he duties of304 (mayor)(councilmember) of Bogart and that I will support and defend the charter thereof305 H. B. 1586 - 13 - 26 LC 47 4278 as well as the Constitution and laws of the State of Georgia an d of the United States of306 America."307 SECTION 2.19.308 Regular and special meetings.309 (a) The town council shall hold regular meetings at such times and places as shall be310 prescribed by ordinance.311 (b) Special meetings of the town council may be held on call of the mayor or two members312 of the town council. Notice of such special meetings shall be served on all other members313 personally, or by telephone personally, at least 48 hours in ad vance of the meeting. Such314 notice to councilmembers shall not be required if the mayor and all councilmembers are315 present when the special meeting is called. Such notice of any special meeting may be316 waived by a councilmember in writing before or after such a meeting, and attendance at the317 meeting shall also constitute a waiver of notice on any busines s transacted in such318 councilmember's presence. Only the business stated in the call may be transacted at the319 special meeting.320 (c) All meetings of the town council shall be public to the extent required by law and notice321 to the public of special meetings shall be made fully as is reasonably possible as provided by322 Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable323 laws as are or may hereafter be enacted.324 H. B. 1586 - 14 - 26 LC 47 4278 SECTION 2.20.325 Rules of procedure.326 (a) The town council shall adopt its rules of procedure and order of business consistent with327 the provisions of this charter and shall provide for keeping a journal of its proceedings, which328 shall be a public record.329 (b) All committees and committee chairs and officers of the town council shall be appointed330 by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power331 to appoint new members to any committee at any time.332 SECTION 2.21.333 Quorum, voting.334 The mayor and two councilmembers, or in the absence of the mayor, three councilmembers,335 shall constitute a quorum and shall be authorized to transact b usiness of the town council. 336 Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded337 in the journal, but any member of the town council shall have the right to request a roll call338 vote and such vote shall be recorded in the journal. Except as otherwise provided in this339 charter, the affirmative vote of a majority of a quorum shall be required for the adoption of340 any ordinance, resolution, or motion.341 SECTION 2.22.342 Ordinance form; procedures.343 (a) Every proposed ordinance should be introduced in writing and in the form required for344 final adoption. No ordinance shall contain a subject which is not expressed in its title. The345 H. B. 1586 - 15 - 26 LC 47 4278 enacting clause shall be "The Council of the Town of Bogart her eby ordains" and every346 ordinance shall so begin.347 (b) An ordinance may be introduced by any councilmember and be read at a regular or348 special meeting of the town council. Ordinances shall be considered and adopted or rejected349 by the town council in accordance with the rules which it shall establish; provided, however,350 an ordinance shall not be adopted the same day it is introduced , except for emergency351 ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as352 soon as possible distribute a copy to the mayor and to each councilmember and shall file a353 reasonable number of copies in the office of the clerk and at such other public places as the354 town council may designate.355 SECTION 2.23.356 Action requiring an ordinance.357 Acts of the town council which have the force and effect of law s h a l l b e e n a c t e d b y358 ordinance.359 SECTION 2.24.360 Emergencies.361 (a) To meet a public emergency affecting life, health, propert y or public peace, the town362 council may convene on call of the mayor or two councilmembers and promptly adopt an363 emergency ordinance, but such ordinance may not levy taxes; gra nt, renew or extend a364 franchise; regulate the rate charged by any public utility for its services; or authorize the365 borrowing of money except for loans to be repaid within 30 days. An emergency ordinance366 shall be introduced in the form prescribed for ordinances gener ally, except that it shall be367 plainly designated as an emergency ordinance and shall contain, after the enacting clause,368 H. B. 1586 - 16 - 26 LC 47 4278 a declaration stating that an emergency exists, and describing the emergency in clear and369 specific terms. An emergency ordinance may be adopted, with or without amendment, or370 rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the371 councilmembers present shall be required for adoption. It shal l become effective upon372 adoption or at such later time as it may specify. Every emerge ncy ordinance shall373 automatically stand repealed 30 days following the date upon which it was adopted, but this374 shall not prevent reenactment of the ordinance in the manner specified in this section if the375 emergency still exists. An emergency ordinance may also be rep ealed by adoption of a376 repealing ordinance in the same manner specified in this section for adoption of emergency377 ordinances.378 (b) Such meetings shall be open to the public to the extent required by law and notice to the379 public of emergency meetings shall be made as fully as is reasonably possible in accordance380 with Code Section 50-14-1 of the Official Code of Georgia Annot ated, or such other381 applicable laws as are or may hereafter be enacted.382 SECTION 2.25.383 Codes of technical regulations.384 (a) The town council may adopt any standard code of technical regulations by reference385 thereto in an adopting ordinance. The procedure and requirements governing such adopting386 ordinance shall be as prescribed for ordinances generally except that: (1) the requirements387 of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to388 include copies of any code of technical regulations, as well as the adopting ordinance;389 and (2) a copy of each adopted code of technical regulations, a s well as the adopting390 ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.391 (b) Copies of any adopted code of technical regulations shall be made available by the clerk392 for inspection by the public.393 H. B. 1586 - 17 - 26 LC 47 4278 SECTION 2.26.394 Authentication, recording and codification of ordinances.395 (a) The town clerk shall authenticate by his or her signature and record in full, in a properly396 indexed book kept for that purpose, all ordinances adopted by the town council.397 (b) The town council may provide for the preparation of a gene ral codification of all398 ordinances of the town having the force and effect of law. The general codification may be399 adopted by the council by ordinance, and if so adopted, shall be known as "The Code of the400 Town of Bogart, Georgia." All ordinances enacted subsequent to the adoption of the code401 shall be incorporated therein.402 (c) The town council shall cause each ordinance and each amendment to this charter to be403 printed promptly following its adoption, and the printed ordinances and charter amendments404 shall be made available for purchase by the public at reasonabl e prices to be fixed by the405 town council. Following publication of the first code under th is charter and at all times406 thereafter, the ordinances and charter amendments shall be printed in substantially the same407 style as the code currently in effect and shall be suitable in form for incorporation therein. 408 The town council shall make such further arrangements as deemed desirable with409 reproduction and distribution of any current changes in or addi tions to codes of technical410 regulations and other rules and regulations included in the code.411 SECTION 2.27.412 Election of mayor; forfeiture; compensation.413 The mayor shall be elected and serve for a term of four years and until a successor is elected414 and qualified. The mayor shall be a qualified elector of the t own and shall have been a415 resident of the town for 12 months prior to the election. The mayor shall continue to reside416 in the town during his or her period of service. The mayor shall forfeit the office on the same417 H. B. 1586 - 18 - 26 LC 47 4278 grounds and under the same procedures as for councilmembers. T he compensation of the418 mayor shall be established in the same manner as for a councilmember.419 SECTION 2.28.420 Mayor pro tem.421 By a majority vote, the town council shall elect a councilmember to serve as mayor pro tem. 422 The mayor pro tem shall assume the duties and powers of the may or during the mayor's423 physical or mental disability, suspension from office, or absen ce. Any such disability or424 absence shall be declared by a majority vote of the town council. The mayor pro tem shall425 sign all contracts and ordinances in which the mayor has a disqualifying financial interest as426 provided in Section 2.14. When acting as mayor, the mayor pro tem shall continue to have427 only one vote as a member of the council.428 SECTION 2.29.429 Powers and duties of mayor.430 The mayor shall:431 (1) Preside at all meetings of the town council;432 (2) Vote as a member of the council only at such times as are necessarily to break a tie433 or deadlock of the town council;434 (3) Be the official head of the town for the service of proces s and for ceremonial435 purposes, and be the official spokesperson of the town and the chief advocate of policy;436 (4) Have power to administer oaths and to take affidavits;437 (5) Sign as a matter of course all written and approved contracts entered into by the town438 and all other contracts and instruments executed by the town which by law are required439 to be in writing;440 H. B. 1586 - 19 - 26 LC 47 4278 (6) Prepare and submit to the town council a recommended annual operating budget and441 recommend capital budget; and442 (7) Fulfill such other executive and administrative duties as the town council shall by443 ordinance establish.444 ARTICLE III445 ORGANIZATIONAL AND GENERAL PROVISIONS446 SECTION 3.10.447 Boards, commissions, and authorities.448 (a) The town council shall create by ordinance such boards, co mmissions, and authorities449 to fulfill any investigative, quasi-judicial or quasi-legislative funds the town council deems450 necessary, and shall by ordinance establish the composition, period of existence, duties, and451 powers thereof.452 (b) All members of boards, commissions and authorities of the town shall be appointed by453 the town council for such terms of office and such manner of ap pointment as provided by454 ordinance, except where other appointing authority, term of office or manner of appointment455 is prescribed by this charter or by applicable state law.456 (c) The town council, by ordinance, may provide for the compensation and reimbursement457 for actual and necessary expenses of the members of any board, commission, or authority.458 (d) Except as otherwise provided by charter or by law, no memb er of any board,459 commission, or authority shall hold any elective office in the town.460 (e) Any vacancy in office of any member of a board, commission, or authority of the town461 shall be filled for the unexpired term in the manner prescribed herein for original462 appointment, except as otherwise provided by this charter or any applicable state law.463 H. B. 1586 - 20 - 26 LC 47 4278 (f) No member of a board, commission, or authority shall assume office until that person has464 executed and filed with the clerk of the town an oath obligatin g himself or herself to465 faithfully and impartially perform the duties of that member's office, with such oath to be466 prescribed by ordinance and administered by the mayor.467 (g) All board members shall serve at will and may be removed a t any time by a majority468 vote of councilmembers unless otherwise provided by law.469 (h) Except as otherwise provided by this charter or by applica ble state law, each board,470 commission or authority of the town government shall elect one o f i t s m e m b e r s a s471 chairperson and one member as vice chairperson for terms of one year and may elect as its472 secretary one of its own members or may appoint as secretary an employee of the town. 473 Each board, commission, or authority of the town government may establish such bylaws,474 rules and regulations, not inconsistent with this charter, ordinances of the town, or applicable475 state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which476 shall be filed with the clerk of the town.477 SECTION 3.11.478 Town attorney.479 The town council shall appoint a town attorney, together with such assistant town attorneys480 as may be authorized and shall provide for the payment of such attorney or attorneys for481 services rendered to the town. The town attorney shall be a member in good standing with482 the State Bar of Georgia. The town attorney shall be responsib le for providing for the483 representation and defense of the town in all litigation in which the town is a party; may be484 the prosecuting officer in the municipal court; shall attend th e meetings of the council as485 directed; shall advise the town council, mayor, and other officers and employees of the town486 concerning legal aspects of the town's affairs; and shall perform such other duties as may be487 required by virtue of the person's position as town attorney. The town attorney is not a public488 H. B. 1586 - 21 - 26 LC 47 4278 official of the town and does not take an oath of office. The town attorney shall at all times489 be an independent contractor. A law firm, rather than an individual, may be designated as490 the town attorney.491 SECTION 3.12.492 Town clerk.493 The mayor shall appoint a town clerk, also known as 'the clerk, ' who shall not be a494 councilmember. The town clerk shall keep a journal of the proceedings of the town council;495 maintain in a safe place all records and documents pertaining to the affairs of the town and496 perform such other duties as may be required by law or as the town council may direct.497 SECTION 3.13.498 Position classification and pay plans.499 The mayor shall be responsible for the preparation of a position classification and pay plan500 which shall be submitted to the town council for approval. Suc h plan may apply to all501 employees of the town and any of its agencies, departments, boa rds, commissions or502 authorities. When a pay plan has been adopted, the town counci l shall not increase or503 decrease the salary range applicable to any position except by amendment of such pay plan. 504 For purposes of this section, all elected and appointed town officials are not town employees.505 H. B. 1586 - 22 - 26 LC 47 4278 SECTION 3.14.506 Personnel policies.507 All town employees serve at will and may be removed from office at any time unless508 otherwise provided by ordinance. The town council may adopt pe rsonnel policies or509 ordinances.510 ARTICLE IV511 MUNICIPAL COURT512 SECTION 4.10.513 Creation; name.514 There shall be a court to be known as the Municipal Court of the Town of Bogart.515 SECTION 4.11.516 Chief judge; other judges.517 (a) The municipal court shall be presided over by a chief judge and such part-time, full-time,518 or stand-by judges as shall be provided by ordinance.519 (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless520 that person shall have attained the age of 21 years and shall p ossess all qualifications521 required by law. All judges shall be appointed by the town cou ncil and shall serve until a522 successor is appointed and qualified.523 (c) Compensation of the judges shall be fixed by ordinance.524 (d) Judges shall serve a term and may be removed as provided by general law.525 H. B. 1586 - 23 - 26 LC 47 4278 (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge526 will honestly and faithfully discharge the duties of the office to the best of that person's527 ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of528 the town council.529 SECTION 4.12.530 Convening.531 The municipal court shall be convened at such times as designated by ordinance or at such532 times as deemed necessary to keep current the dockets thereof.533 SECTION 4.13.534 Jurisdiction; powers.535 (a) The municipal court is specifically vested with all the jurisdiction and powers throughout536 the entire area of the Town of Bogart granted by state laws generally to mayor's, recorder's537 and police courts, and particularly by such laws as authorize abatement of nuisances.538 (b) The municipal court shall have authority to punish those i n its presence for contempt,539 provided that such punishment shall not exceed $200.00 or ten days in jail.540 (c) The municipal court may fix punishment for any offense wit hin its jurisdiction not541 exceeding a fine of $1,000.00 or imprisonment for 180 days, or both, or may fix punishment542 by fine, imprisonment, or alternative sentencing as now, or hereafter provided by law.543 (d) The municipal court shall have authority to establish a schedule of fees to defray the cost544 of operation and shall be entitled to reimbursement of the cost of meals, transportation and545 caretaking of prisoners bound over to superior courts for violation of state law.546 (e) The municipal court shall have authority to establish bail and recognizances to ensure547 the presence of those charged with violations before said court, and shall have discretionary548 H. B. 1586 - 24 - 26 LC 47 4278 authority to accept cash or personal or real property as surety for appearance of persons549 charged with violations. Whenever any person shall give bail for that person's appearance550 and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge551 presiding at such time, and an execution issued thereon by serv ing the defendant and the552 defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the553 event that cash or property is accepted in lieu of bond for sec urity for the appearance of a554 defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,555 the cash so deposited shall be on order of the judge declared forfeited to the Town of Bogart,556 or the property so deposited shall have a lien against it for t he value forfeited, which lien557 shall be enforceable in the same manner and to the same extent as a lien for town property558 taxes.559 (f) The municipal court shall have the same authority as super ior courts to compel the560 production of evidence in the possession of any party; to enfor ce obedience to its orders,561 judgments and sentences; and to administer such oaths as are necessary.562 (g) The municipal court may compel the presence of all parties necessary to a proper563 disposal of each case by the issuance of summons, subpoena and warrants which may be564 served as executed by any officer as authorized by this charter or by state law.565 (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of566 persons charged with offenses against any ordinance of the town , and each judge of the567 municipal court shall have the same authority as a magistrate of the state to issue warrants568 for offenses against state laws committed within the town.569 H. B. 1586 - 25 - 26 LC 47 4278 SECTION 4.14.570 Rules for court.571 With the approval of the town council, the judges of the munici pal court shall have full572 power and authority to make reasonable rules and regulations necessary and proper to secure573 the efficient and successful administration of the municipal court; provided, however, that574 the town council may adopt in part or in total the rules and re gulations applicable to575 municipal courts. The rules and regulations made or adopted sh all be filed with the town576 clerk, shall be available for public inspection, and, upon request, a copy shall be furnished577 to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.578 SECTION 4.15.579 Petitions for review.580 The right to seek petitions for review from the decision and judgment of the municipal court581 shall exist in all criminal cases and ordinance violation cases , and such petitions shall be582 made to the Superior Court of Oconee County under the laws of t he State of Georgia583 regulating appeals to the superior courts.584 SECTION 4.16.585 Contracting for municipal court.586 Notwithstanding any provision of this article, the Town of Bogart may contract with Oconee587 County for municipal court services in accordance with state law.588 H. B. 1586 - 26 - 26 LC 47 4278 ARTICLE V589 ELECTIONS590 SECTION 5.10.591 Regular elections.592 (a) An election shall be held on the Tuesday after the first M onday in November of each593 odd-numbered year.594 (b) There shall be elected the mayor and two councilmembers at one election and at every595 other regular election thereafter. The remaining town council seats shall be filled at the596 election alternating with the first election so that a continuing body is created.597 (c) The mayor and councilmembers shall serve four-year terms o f office, and until their598 successors are elected and qualified.599 (d) The person receiving a plurality of the votes cast for any town office shall be elected.600 SECTION 5.11.601 Applicability of general law.602 (a) The procedures and requirements for election of all electe d officials of the Town of603 Bogart as to primary, special and general elections shall be held and conducted in accordance604 with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election605 Code," as now or hereafter amended.606 (b) Elections of the Town of Bogart shall be nonpartisan, and political parties shall not607 conduct primaries for town offices and all names of candidates for town offices shall be608 listed without party designations.609 H. B. 1586 - 27 - 26 LC 47 4278 SECTION 5.12.610 Special elections, vacancies.611 In the event that the office of mayor or councilmember shall become vacant as provided in612 Section 2.12 of this charter, the town council or those remaining shall order a special election613 to fill the balance of the unexpired term of such official; provided, however, if such vacancy614 occurs within 12 months of the expiration of the term of that office, the town council or those615 remaining may appoint a successor for the remainder of the term. In all other respects, the616 special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the617 Official Code of Georgia Annotated, the "Georgia Election Code, " as now or hereafter618 amended.619 SECTION 5.13.620 Other provisions.621 Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe622 such rules and regulations it deems appropriate to fulfill any options and duties under623 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , the "Georgia Election624 Code."625 H. B. 1586 - 28 - 26 LC 47 4278 ARTICLE VI626 FINANCE627 SECTION 6.10.628 Property tax.629 The town council may assess, levy and collect an ad valorem tax on all real and personal630 property within the corporate limits of the town that is subject to such taxation by the state631 and county. This tax is for the purpose of raising revenues to defray the costs of operating632 the town government; providing governmental services; for the repayment of principal and633 interest on general obligations; and for any other public purpose as determined by the town634 council in its discretion.635 SECTION 6.11.636 Millage rates; due dates; payment methods.637 The town council, by ordinance, shall establish a millage rate for the town property tax, a due638 date, and the time period within which these taxes must be paid . The town council, by639 ordinance, may provide for the payment of these taxes by two installments or in one lump640 sum, as well as authorize the voluntary payment of taxes prior to the time when due.641 SECTION 6.12.642 Occupation and business taxes.643 The town council by ordinance shall have the power to levy such occupation or business644 taxes as are not denied by law. The town council may classify businesses, occupations or645 H. B. 1586 - 29 - 26 LC 47 4278 professions for the purpose of such taxation in any way which m ay be lawful and may646 compel the payment of such taxes as provided in Section 6.18.647 SECTION 6.13.648 Regulatory fees; permits.649 The town council by ordinance shall have the power to require b usinesses or practitioners650 doing business within the town to obtain a permit for such activity from the town and pay a651 reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect652 the total cost to the town of regulating the activity, and if u npaid, shall be collected as653 provided in Section 6.18.654 SECTION 6.14.655 Franchise.656 (a) The town council shall have the power to grant franchises for the use of the town's streets657 and alleys for the purposes of railroads, street railways, tele phone companies, electric658 companies, electric membership corporations, cable television and other telecommunications659 companies, gas companies, transportation companies and other similar organizations. The660 town council shall determine th e duration, terms, whether the s ame shall be exclusive or661 nonexclusive, and the consideration for such franchises; provid ed, however, no franchise662 shall be granted for a period in excess of 30 years and no franchise shall be granted unless663 the town receives just and adequate compensation therefore. The town council shall provide664 for the registration of all franchises with the town clerk in a registration book kept by the665 clerk. The town council may provide by ordinance for the registration within a reasonable666 time of all franchises previously granted.667 H. B. 1586 - 30 - 26 LC 47 4278 (b) If no franchise agreement is in effect, the town council has the authority to impose a tax668 on gross receipts for the use of the town's streets and alleys for the purposes of railroads,669 street railways, telephone companies, electric companies, electric membership corporations,670 cable television and other telecommunications companies, gas co mpanies, transportation671 companies and other similar organizations.672 SECTION 6.15.673 Service charges.674 The town council by ordinance shall have the power to assess an d collect fees, charges,675 assessments, and tolls for sewers, sanitary and health services, or any other services provided676 or made available within and without the corporate limits of th e town. If unpaid, such677 charges shall be collected as provided in Section 6.18.678 SECTION 6.16.679 Special assessments.680 The town council by ordinance shall have the power to assess an d collect the cost of681 constructing, reconstructing, widening, or improving any public way, street, sidewalk,682 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property683 owners. If unpaid, such charges shall be collected as provided in Section 6.18 in the same684 manner and under the same remedies as a lien for town property taxes.685 H. B. 1586 - 31 - 26 LC 47 4278 SECTION 6.17.686 Construction; other taxes and fees.687 The town shall be empowered to levy any other tax or fee allowed now or hereafter by law,688 and the specific mention of any right, power or authority in this article shall not be construed689 as limiting in any way the general powers of the town to govern its local affairs.690 SECTION 6.18.691 Collection of delinquent taxes and fees.692 The town council, by ordinance, may provide generally for the collection of delinquent taxes,693 fees, or other revenue due the town under Sections 6.10 through 6.17 by whatever reasonable694 means as are not precluded by law. This shall include providing for the dates when the taxes695 or fees are due; late penalties or interest; issuance and execu tion of fi.fa.'s; creation and696 priority of liens; making delinquent taxes and fees personal debts of the persons required to697 pay the taxes or fees imposed; revoking town permits for failur e to pay any town taxes or698 fees; and providing for the assignment or transfer of tax executions.699 SECTION 6.19.700 General obligation bonds.701 The town council shall have the power to issue bonds for the purpose of raising revenue to702 carry out any project program or venture authorized under this charter or the general laws of703 this state. Such bonding authority shall be exercised in accordance with the laws governing704 bond issuances by municipalities in effect at the time said issue is undertaken.705 H. B. 1586 - 32 - 26 LC 47 4278 SECTION 6.20.706 Revenue bonds.707 Revenue bonds may be issued by the town council as state law no w or hereafter provides. 708 Such bonds are to be paid out of any revenue produced by the pr oject, program or venture709 for which they were issued.710 SECTION 6.21.711 Short-term loans.712 The town may obtain short-term loans and must repay such loans not later than December 31713 of each year, unless otherwise provided by law.714 SECTION 6.22.715 Lease-purchase contracts.716 The town may enter into multiyear lease, purchase or lease purc hase contracts for the717 acquisition of goods, materials, real and personal property, services, and supplies provided718 the contract terminates without further obligation on the part of the municipality at the close719 of the calendar year in which it was executed and at the close of each succeeding calendar720 year for which it may be renewed. Contracts must be executed i n accordance with the721 requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other722 such applicable laws as are or may hereafter be enacted.723 H. B. 1586 - 33 - 26 LC 47 4278 SECTION 6.23.724 Fiscal year; preparation and adoption of operating budget.725 The town council shall set the fiscal year by ordinance. Said fiscal year shall constitute the726 budget year and the year for financial accounting and reporting unless otherwise provided727 by state or federal law.728 SECTION 6.24.729 Preparation of budgets.730 The town council shall provide an ordinance on the procedures a nd requirements for the731 preparation and execution of an annual operating budget, a capital improvement plan and a732 capital budget, including requirements as to the scope, content and form of such budgets and733 plans.734 SECTION 6.25.735 Submission of operating budget to town council.736 On or before a date fixed by the town council but not later tha n 45 days prior to the737 beginning of each fiscal year, the mayor shall submit to the to wn council a proposed738 operating budget for the ensuing fiscal year. The budget shall be accompanied by a message739 from the mayor containing a statement of the general fiscal pol icies of the town, the740 important features of the budget, explanations of major changes recommended for the next741 fiscal year, a general summary of the budget, and such other pe rtinent comments and742 information. The operating budget and the capital budget herei nafter provided for, the743 budget message, and all supporting documents shall be filed in the office of the town clerk744 and shall be open to public inspection.745 H. B. 1586 - 34 - 26 LC 47 4278 SECTION 6.26.746 Action by town council on budget.747 (a) The town council may amend the operating budget proposed by the mayor; except, that748 the budget as finally amended and adopted must provide for all expenditures required by749 state law or by other provisions of this charter and for all debt service requirements for the750 ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated751 fund balance, reserves, and revenues.752 (b) The town council by ordinance shall adopt the final operat ing budget for the ensuing753 fiscal year not later than the final day of June of each year. If the town council fails to adopt754 the budget by this date, the amounts appropriated for operation for the current fiscal year755 shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items756 prorated accordingly until such time as the town council adopts a budget for the ensuing757 fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting758 out the estimated revenues in detail by sources and making appropriations according to fund759 and by organizational unit, purpose, or activity as set out in the budget preparation ordinance760 adopted pursuant to Section 6.24.761 (c) The amount set out in the adopted operating budget for eac h organizational unit shall762 constitute the annual appropriation for such, and no expenditur e shall be made or763 encumbrance created in excess of the otherwise unencumbered balance of the appropriations764 or allotment thereof, to which it is chargeable.765 SECTION 6.27.766 Tax levies.767 The town council shall levy by ordinance such taxes as are nece ssary. The taxes and tax768 rates set by such ordinances shall be such that reasonable estimates of revenues from such769 H. B. 1586 - 35 - 26 LC 47 4278 levies shall at least be sufficient, together with other anticipated revenues, fund balances and770 applicable reserves, to equal the total amount appropriated for each of the several funds set771 forth in the annual operating budget for defraying the expenses of the general government772 of the town.773 SECTION 6.28.774 Changes in appropriations.775 The town council by ordinance may make changes in the appropria tions contained in the776 current operating budget, at any regular meeting, special or em ergency meeting called for777 such purpose, but any additional appropriations may be made onl y from an existing778 unexpended surplus.779 SECTION 6.29.780 Capital budget.781 (a) On or before the date fixed by the town council but no lat er than 45 days prior to the782 beginning each fiscal year, the mayor may submit to the town co uncil a proposed capital783 improvements plan with a recommended capital budget containing the means of financing784 the improvements proposed for the ensuing fiscal year. The town council shall have power785 to accept, with or without amendments, or reject the proposed p lan and proposed budget. 786 The town council shall not authorize an expenditure for the con struction of any building,787 structure, work or improvement, unless the appropriations for such project are included in788 the capital budget, except to meet a public emergency as provided in Section 2.24.789 (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal790 year not later than the 30th day of June of each year. No appropriation provided for in a prior791 capital budget shall lapse until the purpose for which the appropriation was made shall have792 H. B. 1586 - 36 - 26 LC 47 4278 been accomplished or abandoned; provided, however, the mayor may submit amendments793 to the capital budget at any time during the fiscal year, accompanied by recommendations. 794 Any such amendments to the capital budget shall become effective only upon adoption by795 ordinance.796 SECTION 6.30.797 Independent audit.798 There shall be an annual independent audit of all town accounts , funds and financial799 transactions by a certified public accountant selected by the town council. The audit shall800 be conducted according to generally accepted auditing principles. Any audit of any funds801 by the state or federal governments may be accepted as satisfyi ng the requirements of this802 charter. Copies of annual audit reports shall be available at printing costs to the public.803 SECTION 6.31.804 Contracting procedures.805 No contract with the town shall be binding on the town unless it is:806 (1) In writing;807 (2) Drawn by or submitted to and reviewed by the town attorney , and as a matter of808 course, is signed by the town attorney to indicate such drafting or review; and809 (3) Made or authorized by the town council and such approval i s entered in the town810 council journal of proceedings pursuant to Section 2.21.811 H. B. 1586 - 37 - 26 LC 47 4278 SECTION 6.32.812 Centralized purchasing.813 The town council shall by ordinance prescribe procedures for a system of centralized814 purchasing for the town.815 SECTION 6.33.816 Sale and lease of town property.817 (a) The town council may sell and convey, or lease any real or personal property owned or818 held by the town for governmental or other purposes as now or hereafter provided by law.819 (b) The town council may quitclaim any rights it may have in property not needed for public820 purposes upon report by the mayor and adoption of a resolution, both finding that the821 property is not needed for public or other purposes and that the interest of the town has no822 readily ascertainable monetary value.823 (c) Whenever in opening, extending or widening any street, avenue, alley or public place of824 the town, a small parcel or tract of land is cut off or separat ed by such work from a larger825 tract or boundary of land owned by the town, the town council may authorize the mayor to826 sell and convey said cut off or separated parcel or tract of la nd to an abutting or adjoining827 property owner or owners where such sale and conveyance facilitates the enjoyment of the828 highest and best use of the abutting owner's property. Included in the sales contract shall be829 a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting830 property owner shall be notified of the availability of the property and given the opportunity831 to purchase said property under such terms and conditions as set out by ordinance. All deeds832 and conveyances heretofore and hereafter so executed and delivered shall convey all title and833 interest the town has in such property, notwithstanding the fac t that no public sale after834 advertisement was or is hereafter made.835 H. B. 1586 - 38 - 26 LC 47 4278 ARTICLE VII836 GENERAL PROVISIONS837 SECTION 7.10.838 Bond for officers.839 The officers and employees of the Town of Bogart, both elective and appointive, shall840 execute such surety or fidelity bonds in such amounts and upon such terms and conditions841 as the town council may from time to time require by ordinance or as may be provided by842 law.843 SECTION 7.11.844 Prior ordinances.845 Existing ordinances and regulations of the Town of Bogart not i nconsistent with the846 provisions of this charter shall continue in effect until they have been repealed, modified, or847 amended by the council. The existing rules and regulations of departments or agencies of848 the Town of Bogart not inconsistent with the provisions of this charter shall continue in849 effect until they have been repealed, modified, or amended.850 SECTION 7.12.851 Existing personnel and officers.852 Except as specifically provided otherwise by this charter, all personnel and officers of the853 town and their rights, privileges and powers shall continue beyond the time this charter takes854 effect for a period of 30 days before or during which the existing town council shall pass a855 transition ordinance detailing the changes in personnel and appointive officers required or856 H. B. 1586 - 39 - 26 LC 47 4278 desired and arranging such titles, rights, privileges and powers as may be required or desired857 to allow a reasonable transition.858 SECTION 7.13.859 Pending matters.860 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,861 contracts and legal or administrative proceedings shall continue and any such ongoing work862 or cases shall be completed by such town agencies, personnel or offices as may be provided863 by the town council.864 SECTION 7.14.865 Construction.866 (a) The word "shall" is mandatory and the word "may" is permissive.867 (b) The singular shall include the plural, the masculine shall include the feminine, and vice868 versa.869 SECTION 7.15.870 Severability.871 If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be872 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect873 or impair other parts of this charter unless it clearly appears that such other parts are wholly874 and necessarily dependent upon the part held to be invalid or unconstitutional, it being the875 legislative intent in enacting this charter that each article, section, subsection, paragraph,876 sentence, or part thereof be enacted separately and independent of each other.877 H. B. 1586 - 40 - 26 LC 47 4278 SECTION 7.16.878 Repealer.879 An Act to reincorporate and provide a new charter for the Town of Bogart, approved April880 20, 1998 (Ga. L. 1998, p. 4461), is hereby repealed in its entirety; and all amendatory Acts881 thereto are likewise repealed in their entirety.882 SECTION 7.17.883 General repealer.884 All laws and parts of laws in conflict with this charter are repealed.885 H. B. 1586 - 41 -