ATEO  21  OFFICE OF SECRETARY OF STATE  I,Brian P. Kemp, Secretary of State of the State of Georgia, do hereby  certify that  the thirty-eight pages of photocopied matter hereto attached contains a true and correct copy of an Act approved by the Governor on April 20, 2011 numbered Act No. 13, House Bill No. 122; all as same appear of file and record in this office.  INTESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 3rd day of May, in the year of our Lord Two Thousand and Eleven and of the Independence of the United States of America the Two Hundred and Thirty-Fifth.  776  B-P.b Brian P. Kemp, Secretary of State    ENROLLMENT Apil_19  20/ H.B. No.. 122  ActN.13 Assembly  The Commitipe of the House on Information and Audits has examined the within and finds the same  General  properlyenrolled.  ANACT  To provide a new charter for the City of Waynesboro; to provide! for incorporation, boundaries, andy powers ofthe city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, quaifcatiomprohbiion: conflicts ofinterest, and: suspension and removal from officer relativet to members ofs such governing authority; top provide for inquiries andi investigations;t toprovidef for oaths, organizaion,metings quorum, voting, rules, and proçedures; to provide for ordinances and codes; to provide for ai mayor and mayor pro tempore and certain dutics, powers, and other matters relative  S  ed  Chairman  SpeakerofineH House  thereto; and for other  GE  purposes. INHOUSE  Read 1" time 2-02-11 Read: 2mt time 2-03-11 Read: 3 time 2-09-11 And Passed Yeas 162  Nays  Secretary ofthe CER:  RMTRA  Clerkofthel House  INSENATE  5  Received  Secretary, Executive Department Read !*t timé 2-10-11  Read 2nat time Read: 3 time Yeas 49 Passed Both Houses  This_ 19-yo_Apal  20_IL  And Passed 2-16-11  Nays 0  Approved  VlanDeal Govenior ya_Cpit  Senate  By: Reps. Frazier ofthe 123", Jackson OFthe 142"d,and MEELs  This 30_  20_IL Burns ofthei 157h    ANACT  To provide a new charter for the City of Waynesboro; to provide for incorporation, boundaries, andj powers ofthe city; toj proyide peyay-ady"t the ponedrisgahotly,tein, terms, vamaiscompemsuion.eypes.guliteamtous, prohibitions, conflicts of interest, and suspension and removal from office relative to members ofsuch govemingauthority; top provide fori inquiries andi investigationstoprovide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; toj provide for a city manager, a city attorey, a city clerk, and other personnel and matters relating thereto; to provide forrules andi regulations; toj provide forar municipal courta and thej judge orj judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, liçenses, and fees; to provide for franchises, service charges, and assessments; toj provide for bonded and otheri indebtedness; toj providei for city contracts: and purchasing; toj provide for thec conveyauce ofpropertyandi interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, ande existing personnel; toj provide forp penalties; to provide for definitions and construction; top provide fors severability; to provide for other matters relativet tot thet foregoing; to repeala a  specific Act; to repeal conflicting laws; andi for other purposes.  BEI IT ENACTED BY THE GENERAL, ASSEMBLY OF GEORGIA:  ARTICLEI INCORPORATION. ANDI POWERS SECTION. 1.10. Name.  This city andt thei inhabitants thercofa are reincorporated! by thee enactment oft this chartera and are hereby constituted and declared al body politic and corporate under the name ands style City of Waynesboro, Georgia, and byt that name shall have perpetual succession.  H.B.122 -1-    SECTION. 1.11. Corporate Boundaries.  (a) The boundaries oft this city shall be those existing on the effective date oft the adoption of this charter with such alterations as may be made from time to time in the manner provided byl law, The boundaries ofthis city at all times shail bes shown on: ai map, a written description or anyo combination thereof, tol ber retained permanentlyi ini the cityl hall andt tob be designated, as thec case may! be:' "Official Map (orl Description) ofthed corporatel limits ofthe City of Waynesboro, Gcorgia." Photographic, typed, or other copies of such map or description certified by the city clerks shall be admitted as evidence in all courts ands shall have thes same force and effect as with the original map or description. (b) The city council may provide for ther redrawingo ofa anysuchi map! by ordinance to reflect lawful changes in thec corporatel boundaries.. A redrawni map shalls supersedei fora allj purposes  the entire map ori maps, whichi iti is designated to replace.  SECTION1 1.12. Powers and construction.  (a) This city shal! have all powers possible fora a city to have under thej present or future Constitution andl laws oft this state as fullya and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not (b) The powers of this city shall be construed liberally in favor of the city. The specific mention ori failuret tomentionp particularp powers shall noth bec construedasl limitingi ina anyway  otherwise prohibited byt this charter or by general law.  thej powers ofthis city.  SECTION1.13. Examples of powers.  Thej powers oft the citys shall include, but are not limited to, thep power;  (I) Animal regulations. Toregulate and license ort toj prohibit thel keeping or running at large ofanimals and fowl and toj provide for thei impoundment ofs same ifiny violation of any ordinance. or lawful order; to provide for the disposition bys sale, gift, or humane destruction of animals and fow! when not redeemed as provided by ordinance; and to provide punishment for violation ofordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the govemment of the city; to authorize the expenditure of money for any purposes  H.B.122 -2-    authorized byt this charter and fora any purpose for whichs ar municipalityi is authorized by thel laws oft the State ofGeorgia; andt toj provide fort thep payment ofe expenses ofthec city; (3) Building regulation. To regulate and to liçense the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating anda air-conditioning codes; and to regulate alll housing and! building trades;" (4) Business regulationandt taxation. Tol levyand toj provide for collection ofregulatory fees andt taxes onj privileges, occupations, trades, andj professions as authorized by' Title 48 ofthe O.C.G.A. orsuch other applicable laws as are or may hereafter be enacted; to penmit andi regulate thes same; top provide for ther mannera andi method of payment ofsuch regulatory fees and taxes; andt to revokes such permits after due! process for failure to pay (5) Condemnation. To condemn property, inside or outside the corporate limits oft the city, forp present or future use and for any. corporate purpose deemed necessary by the govemingauthority, utlizingprocedures: emumemntedlaTale22orlhoo.cGA.orsch (6) Contracts. Toenteri into contracts and agreements with other govemnmental entities (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessaryt to deal with ori meets such an emergency fort the protection, safety, health, or well-being oft the citizens oft the city; (8) Environmental protection. To protect and preserve the natural resources, environment, andy vital areas ofthestatet ly.e.te quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, ther daadhadaNyeies (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations noti inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to (10) Garbage fees, Tolevy,fix,assess,a andcollectagarbage, ,refuse,andtrash collection and disposal and other sanitary service charge, tax, or fee fors such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and toj provide for the manner and method of  any city taxes ort fees;  other applicable laws as are now or may hereafter be enacted; and with private persons, finns, and corporations;  for the protection oft the environment;  prescribe penalties and punishment for violations thereof;  collecting such serviçe charges;  H.B.122 -3-    1s:  (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfre, and safety of the inhabitants of the city and to provide for the (12) Gifts. Toa accept or refuse gifts, donations, bequests, ors grants from anys source for any purpose related to powers and duties of the city and the general welfare ofits citizens, on such tems and conditions as the donor or grantor mayimpose; (13) Health and sanitation. To prescribe standards of! health and sanitation and to (14) Jail sentences. Top provide that persons givenj jail sentences int ther municipal court may work out such sentences in any public works or on thes streets, roads, drains, and other public property in the city; to! provide for commitment ofs such persons to anyj jail; ort toj provide for commitment ofsuchp persons to anyo county work camp or countyjailb Iby (15) Motor vehicles. To1 regulate the operation ofi motor vehicles and exercise control overa all traffic, includingpatkingupons oracross thes streets, roads, alleys, and walkways (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers (17) Municipal debts. Toappropriate: and borrow money for thep payment ofdebts ofthe city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws oft the State ofGeorgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise anyreal, personal, or mixed property, in fees simple orl lesser interest, inside or (19) Municipal property protection. Top provide for the preservation and protection of propertyand equipment oft thec city and the administration: and use ofsame byt they public; and toj prescribe penalties and punishment for violations thereof,; (20) Municipal utilities. Toacquire, aswataA dispose ofpublicutilities, includingb tayashwaa, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telcommunications, transportationi hclilespabicaliponts,amdalerpuliguly, andt to fix thet taxes, charges, rates, fares, fees, assessments, regulations, andpenaltiesand top provide for the withdrawal ofservice fori refusal or failure to pay the: same;  enforcement ofs such standards;  provide for the enforcement ofsuch standards;  agreement with the appropriate countyofficials;  of the city;  conferred upon or delegated to thes same;  outside the propertyl limits of the city;  H.B.122 4-    (21) Nuisance. Todefineanuisance: andj provide fori its: abatement whetheronpublicor (22) Penalties. Top provide penalties forv violation ofanyo ordinances the authority of this charter andt the laws ofthe State ofGeorgia; Adoptedpursuantto (23) Planning and: zoning. Toprovide-compehemiues cityplanning ford zoning; and to provide subdivision regulation and the like as the development by ncessatyandreasonable to ensureasafé, healthy, ande estheticallypleasing community; (24) Police and firep protection. To exercise the power ofarrest through dulyappointed police officers and to establish, operate, or contract for a police and a fire-fighting (25) Public hazards; removal. To provide for the destruction and removal of (26) Public improvements. To provide for the acquisition, construction, operation, and maintenance of public ways, parks and playgrounds, public building, - libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other puliemililaspabhiehouinga airports, hospitals, temimals,doks.puskingi facilities,and charitable, cultural, educational, recreational, conservation, sport, curative, detentional, penal, and medical institutions, agencies, and other publici improvements, inside the use of pyblic improvements; and, fors such or mayl hereafter be enacted; andj public disturbances; as are deemed beneficial;  private property;  city council deems  agency; public;  building or other structure which is or may become  any  dangerous or detrimental to the  recreational  grounds,  and corective, facilities; toj provide any  or outside the corporate limits of the city;t to  regulate by as are now riots, systems impose  purposes, property may be acquired  condemnation under Title 22 ofthe O.C.G.A. or such other applicablel laws (27) Publicpeace. Toprovide fort they prevention andj punishment ofd drunkenness, (28) Public transportation. To organize and operates suchy publict transportation: (29) Publicutilities ands services. Togrant franchises or make contracts for ori taxes on public utilities and public service companies and to provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations oft the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the removal, andi maintenance ofsigns, billboards, trees, shrubs, fences, aler-nueturescrohinetinse suponoradjacentt  regulations, and standards and  prescribe the rates, fares,  conditions of service applicable to the service to be  erection, buildings, and any  anda all  tioneriehisofwayoflses: and  H.B.122 -5-    roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties andj punishment for violation ofsuch ordinances; (31) Retirement. Top provide andi maintaina ai retirement planf for officers ande employees (32) Roadways. Tolayout, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways withinthecorporate limitso ofthed city; andt tos grant franchises andrightsofway throughout thes streets and roads and over the bridges andy viaducts for thet use of! public utilities; and to require real estate owners tor répair andi maintain in as safe condition the sidewalks adjoining their lots orl lands and toi impose penalties for failure to do so; (33) Sewer fees. Tolevyaf fee, charge, orsewert tax as necessary to assuret theacquiring, constructingequping: ,operating, maintaining, Mamphampdyus and sewerage system and to levy on those to whom sewers and sewerage systems are made availablea as sewerservice fee, charge, or sewer tax fort thea availabilityo or used ofthe "sewers; top provide fort ther manner andr imethodofcollecting: such service charges andf for morengpymemtollesame, andt to charge, ialslsrsdie fee (34) Solidwastedisposal. Toprovide forti the collectionando lspalofgmbagsmbbiah, andi refuseand to regulate the collection and disposal of garbage, rubbish, andi refusel by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide fort thes sale ofsuch items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture ands sale ofintoxicating liquors, to regulate the transportation,storage, and useofcombustible,t explosive,andi inflammabler materials, theu iseoflightingandheaing equipment, and any other business or situation which may be dangerous to persons or property; tor regulate and control thec conduct of! peddlers andi itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, and massage (36) Special assessments. Tol levya and provide for the collection ofspecial assessments (37) Taxes: ad valorem. Tolevyandi provide fort the assessment, valuation, revaluation, (38) Taxes: other. Tol levya and collects such othert taxes as may! bea allowedi now ori in the  ofthec city;  or fees to those connected with the system;  parlors; and to restrict adult bookstores to certain areas; to cover the costs for any public improvements; and collection oftaxes on all property subject to taxation;  future byl law;  H.B.122 -6-    (39) Taxicabs. Toregulate andl license vehiçles operated: for hirei in the city;t tol limit the numberofsuch vehicles; tor require the operators thereoftot be licensed; tor requirepublic liabilityinsurance on such vehicles int thes amounts tol bep prescribedbyo ordinance; and to (40) Urbanr redevelopment. To organize and operate ant urban redevelopment program; (41) Otherpowers. Toexercise: ande enjoya all otherp powers, functions, rights,privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted. in this charter as fully and completely as ifs such powers weref fullystatedint thisc charter; andt to exercise allp powers now orint thet futureauthorized tob bee xercesedbyolermunepal goverments underother) laws ofthes State ofGeorgia; and no listing ofp particular powers ini this charter shall bel held tol be exclusived ofothers, nor restrictive of general words and phrases granting powers, buts shall bel held to bei in addition to such powers unless expressly prohibited to municipalities under the  regulate thej parking ofs such vehicles;  and  Constitution ora applicable laws ofthe State of Georgia.  SECTION1.14. Exercise ofpowers.  All powers, functions, rights, privileges, andi immunities ofthec city, its officers, agencies, or employees shal! be carried into execution as provided byt this charter. Ifthis charter makes no provision, such shall be carried into execution as provided by ordinançe or as provided  by pertinent laws oft the State of Georgia,  H.B,122 -7-    ARTICLEII GOVBRNMENT: STRUCTURE SECTION: 2.10. City council creation; number; election.  The legislative authority of the goverment of this city, except as otherwise specifically provided int this charter, shall be vestedi ina a city councilt tol be composed ofa mayor ands six (6) councilmembers. The city willl be divided into three wards fort the purpose ofe elections, which wards shall be designated as Ward I,' Ward II, and Ward II. Two councilmembers will be elected from each ward by the voters in that ward. Each ward shall represent a defined geographical: area ofthec city. The ward boundaries ofthis çity at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the city hall and to be designated, as the case may be "Official Map (or Description) ofthewardboundaries. ofthe Cityofy Waynesboro, Georgia." Thec city council may provide fort thei redrawing of anysuch map! by ordinancet tor reflect lawful changesi ini the ward boundaries. A redrawn map shall supersede for all purposes the entire map whichi it isc designatedto: replace. Thecityc council establishedshall! ina all respects bes successor" toa and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.  SECTION2.11. City councilmembers; terms and qualifications for offiçe.  Thei members ofthec city council shall: serve for terms off fours years andi until theiri respective suçcessors: aree elected ando qualified. No! persons shallt bee atghapmemasuainmkz unless that person shall have been a resident oft the city for 12 months prior to the date of --------**- periodofservice: andt tol be registered and qualified to votei inn municipaie electionso ofthis city, In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a counçil ward unless that] person has been a resident of the ward such person seeks to represent for a continuous period of at least six months immediately prior tot the date of the election for councilmember and continues to residei in  such ward during that person's period ofservice.  H.B.122 -8-    SECTION2 2.12.  Vacancy; fillingofyacancies; suspensions.  (a) Vacancies- -The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture ofoffice, or occurrence ofanye event specifiedb by the Constitution oft the State ofGeorgia, Title 45ofthe O.C.G.A., or such other applicable (b) FillngofVacancies-A vacancyint thcofitceofmayorore councilmembershall! bef filled fort ther remainder ofthe unexpiredt term, ifany, bya appointment byt the city council ort those members remainingi iflesst than 14 months remains int the unexpired term. Ifsuch vacancy occurs 141 months or more priort tot the expiration oft thet term ofthat office, its shall bei filled fort ther remainderofthe unexpiredt term! byaspecial election, as provided forin Section 5.14 (c) This provision shall also apply to ai temporary vacancy created by thes suspension from  laws as are or may hereafter be enacted.  ofthis Charter,  office of the mayor or any councilmember.  SECTION2.13. compensation and expenses.  The mayor and councilmembers: shall received compensation and expenses for theirservices  as provided by ordinançe.  SECTION:2.14.  Conflicts ofi interest; holding other offices.  (a) Electeda and appointed officers oft the citys aretrustees ands servants ofther residents ofthe city and shall act ina ai fiduciary capacity for the benefit ofs suchi residents. (b) Conflict ofi interest- No elected official, appointed officer, or employee of the city or any agency or political entityt to which this charter applies shall knowingly. (1) Engage in any business or transaction orl havea ai financial or other personal interest, directorindirect, whichisi opabewhlepeperdahgpofapesahonan dutics or which would tend to impair the independence of that person's judgment or (2) Engagei inc ora acceptprivate employment orr renderservices forprivateinteresswhen such employment ors service isi incompatible with the proper discharge of that person's official duties or would tend to impair thei independençe oft that person's. judgment or  action in the performance of that person's official duties;  action in the performance oft that person's offiçial duties;  H.B.122 -9-    (3)) Discloseconfidential information,i -- are closed pursuant to Chapter 14 ofTitle: 50 ofthe O.C.G.A., conceming thep property, oemakcafisdfhsgeregpemmaladlrwhan thatp peronisengagedwitlout proper legal authorization or use such information to advance the financial or other (4) Accept any valuable gif, whether in the form ofs service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by whicht that person is engaged;provided, however, that an elected official who is a candidate for public office may accept campaign contributions and (5) Represent other private interests ina any action or proceeding against this city or any (6) Voted or otherwisep participatei int ther negotiation ori int ther making ofany contract with any! business or entity in which that person has ai finançial interest. (C) Disclosure--Any elected official, appointed officer, or employee who shall have any financial interest, directly ori indirectly, in any contract or matter pending before or within any department oft the citys shall disclose suchi interesti toi the city council. Thei mayor or any councilmember who has a finançial interest in any matter pending before the city council shall disclose such interest and: such disclosure shall be entered on the records of the city council, andt thatp persons shali digaliylimafetlamatiom: participating ina anydecision or vote relating thereto. Anye elected official, appointed officer, or employee ofa any agency or political entityt to whicht this charter applies who shall! havea anyf financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose (d) Usec ofpublic property- No elected official, appointed officer, or employee oft the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated byt the city council or the governing bodyofsuch agency or entity. (e) Contractisyoidabileand rescindable- Anyviolationofthis: sectiony which occurswitht the knowledge, express or implied, ofa partyt to a contraçt ors sale shall renders such contract or (f) wtealy-tausata-Bwi where authorized byl law, neither thei mayor nor any slwsishaaaw thec city or otherwise be employed by said government or any agency thereof during the term for which that person was elected, Nof former councilmember andi no former mayor shall hold  private interest of that) person or others;  services inc connection with anysuch campaign; portion ofits government; or  suchi interest to the governing bodyofsuch agency or entity.  sale voidable at the option ofthed city council.  H,B,122 -10-    any compensated: appointivec officei int the city until oney year after thee expiration ofthet term (g) Political activities of certain officers and employees- -No appointed officer and no employee oft the citys shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee ofthe citys shall continuei ins such employment upon election to any public officei int this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination: shall bei madel byt thei mayorando asytaw  for which that person was elected.  or at anyt time such conflict may arise. (h) Penalties forv violation-  (1) Any city officer or employee who knowingly conceals such financial interest or kowinglyviolates: anyofther requirements ofthiss section shalbegilyofmalteasamse inofficeo orp positionands shallb bec deemed tol have forfeitedt that peromisofierposition. (2) Anyo officer or employee oft thec city whos shall forfeit that person's office orposition as described inj paragraph (1) oft this subsection shall be ineligible for appointment or election to ore employment: ina aj positioni in thec citys government forap periodofthree: years  thereafter.  SECTION:2.15. Inquiries andi investigations.  Followingt yifemaatayaaNw the citycounçil: may makei inquiriesa and investigations into the affairs oft the city and conduct of any department, office, or agency thereofand fort this purpose maysubpoena witnesses, administer oaths, taket testimony, and require thej production ofevidence. Anyperson whot fails or refuses to obeyal lawful order issued in the exercise of these powers by the city council shall be punished as may be  provided by ordinance.  SECTION2.16.  General power and authorityofthe city council.  (a) Excepta as otherwisey provided byl law ort this charter, the citycouncils shall be vestedwith (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt andj provide for the execution of such ordinances, resolutions, rules, and regulations, noti inconsistent with this charter and the Constitution andt thel laws oft the State of Georgia, which its sball deem necessary, expedient, orl helpful fort thej peace, good order,  all the powers ofgovemment oft this city.  H.B.122 -11-    pesimeflemaepsyha.ansaiawaNcomwiamapup-siv. walhanyefasiaasuatad dlyorWaymaiboominuyenemahoninaes  byi imposing penalties for violation thereof.  SECTION2.17. Eminent domain.  The city council is hereby empowered to acquire, construct, operate and maintain public ways,parks, yk.wwww-ANMMNgANwA sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and fors such purposes, property may be condemned under procedures established under general law applicable now oras  provided in the future.  SECTION2.18. Organizational: meetings.  The city council shall hold an organizational meeting on the first Mondayin. January. The meetings shallb be called to order byt ther mayor and thec oath ofoffices shall be administeredi to the newly elected members by an officer authorized to administer oaths and shall, to the "I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) oft this city and thatI I will support and defend the charfer thereofa as well ast the Constitution: and laws oft the State of Georgia and oft the United States of America. Iami not the holder of any unaccounted for public money due this slate or any political subdivision or authority thereof. I am not the holder of any office of trust under the government oft the United States, any other state, or anyf foreign state whichl Ibyt the laws ofthe State ofGeorgia: am prohibited fromi holding. Iam otherwise qualified tol holdsaid office accordingtot the Constitution: and laws ofGeorgia. Ihavel been aresidento toftheCity ofWaynesboro fort the time required byt the Constitution and laws oft this state and byt the municipal charter. Iwill perform the duties ofr my officei int thel besti interest ofthe Cityof Waynesboro to thet bestofmyabiywitiout fear, favor, affection, reward, ore expectation  extent that it comports with federal and state law, be as follows:  thereof."  H.B.122. -12-    SECTION2.19. Regular and special meetings.  (a) The city council shall hold regular meetings at such times and places as shall be (b) Special meetings of the city council may be held on call of the mayor or any two members of the city council. Notice of such special meetings shall bes served on all other members obetyepapsa, atl least 481 hoursi ina advanccofthemeting. Such notice to councilmembers shall not be required ift the mayor and all councilmembers are present when thes special meeting is called. Such notice of any special meeting may be waived byac councilmember: iny writing before ora afters such ai meeting, and attendance: att the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members oft the council. (c) All meetings oft the city council shall be publict tot thee extent required byl law andi notice tot the public ofspecial meetings shall ber made fullyasi is omahypesbkppaal, Codes section 50-14-1oflie0.CGA, orothers such applicable laws as are ori mayhereafter  prescribed' by ordinance.  be eracted.  SECTION: 2.20. Rules ofprocedure; committees.  (a) The city council shall adopti itsr rules ofprocedure: and order ofbusiness consistent with thet provisions ofthis charter ands shall provide for keepingar minutel bookofitsp proceedings, (b) All committees and committee chairs ofthed city council shall be: appointedb byt themayor ands shall serves at thej pleasure ofther mayor. Thei mayor shall havet thej power to appoint new  which shall be ap public record.  members to any committee at anyt time.  SECTION2.21. Quorum; voting.  The mayor and three councilmembers shall constitute a quorum, or in the absence of the mayor, four councilmembers shall constitute a quorum and shall be authorized to transact business ofthec city council. Votingo on the adoption ofc ordinancess shall beb byvoice vote: and the vote: shall bei recordedi in the minutes, but any: member oft the city council shall have the right to request a roll call vote and such vote shall be recorded in the minutes. Except as  H.B.122 13-    otherwise provided in this charter, the affimmative vote of three councilmembers shall be  required for the adoption ofany ordinance, resolution, or motion.  SECTION2.22. Ordinance form; procedures.  (a) Every proposed ordinance should bei introduced: in writing andi in the form required for final adoption. No ordinance shall contain a subject which is not expressedi ini its title. The enacting clause shall be' "Iti is hereby ordained by the governing authority of the City of (b) An ordinance may bei introduced byt ther mayoro or bys any councilmember. and be read at ar regular orspecial meeting ofthec city council. Ordinances shall be considered and adopted orrejected! bythed citycouncili ina accordancewith the rules whichi its shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emegensyoninamcesproadnsecim24Vpmihumlavimofayyondinanc,theciy managers shallass soona as possible distributea a copyt tot thei mayor and to each councilmember ands shall Pearuomahemimhwatepiei int theofficed ofthec clerkand: ats such otherpublic  Waynesboro" and every ordinance shall so begin.  places as the city council may designate.  SECTION2.23. Action requiring an ordinance.  Actsofthecity council which! havethe forces ande effect oflaws shalll bee enactedbyordinance.  SECTION2.24. Emergencies.  (a) To meet aj public emergency affecting life, health, property or public peace, the city council may convene on call ofthe mayor or any two councilmembers and promptly adopt an emergency ordinance, buts such ordinance may not! levyt taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility fori its services; or authorize the borrowing ofmoneye except for loans tol be repaid within 30 days. And emergency ordinance shall bei introduced in the form prescribed for ordinançes generally, except that its shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, ac declaration stating that an emergency exists, and describing the emergency in clear and specific terms, An cmergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which iti is introduced, but the affirmative vote of at least four  H.B.122 -14-    councilmembers shall bei required for adoption. Itshall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinançei in the manner: specified! ini this section ift the emergency: still exists.. Ane emergency ordinance may also be repealed byadoption ofar repealing ordinance in thes same manner specified in this section for adoption ofe emergency ordinances. (b) Suchmeetings: shall bec open to thep public tot thes extent required byl lawa andr notice tot the pubicofemergencyr meetings shallb bemades asi yt--wr--we with Code section 50-14-1 of the O.C.G.A., or suçh other applicable laws as are or may  hereafter be enacted.  SECTION2.25. Codes oftechnical regulations.  (a) The city council may adopt.any standard code of technical regulations by reference theretoinana adoptingordinance. Thepoedureadngpiemens governingsucha adopting ordinance shall be as] prescribed for ordinances generally except that: (1) the requirements ofsubsection (b) of Section 2.21 oft this charter for distribution and filing of copies oft the ordinance shall be construed toi include copies ofa any code oft techniçal: regulations, as well as the adopting ordinance; and (2)ac copy ofeach adopted code oftechnical regulations, as well as the adopting ordinance, shall be authenticated: and recorded byt the clerk pursuant to (b) Copitesofanyadopted: codec oftechnical: regulations shalll be made availablel byt the clerk  Section 2.25 ofthis charter. fori inspection byt the public.  SECTION2.26. Signing; authenticating; recording; codification; printing.  (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose, all ordinançes adopted byt the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances ofthe cityl having the force ande effect ofl law. The general codification shall be adopted byt thec city council by ordinance ands shall be published promptly, together with all amendments thereto: ands such codes oftechnicalt regulations and otherr rules and regulations as the city council may specify. This codification: shall bel known and cited officially as the "Code of Ordinances of the City of Waynesboro, Georgia." Copies of the Code of  H.B.122 -15-    Ordinances shalll bei fumished to all officers, departments and agencies ofthed city, andi made available for purchase byt the public ata a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be primedpromplyfolowang! itsa ayioxamdteplamadinw: and charteramendments shalll bei madea available forp purchaset byt thepublicatre reasonablepricest tob bei fixed! by the city council. Folowingpublication: ofthef first codeunder this Charteranda latallti times thereafter, thec ordinances and charteramendments: shallt be printedins substantiallyt thes sames style as the code currently in effect and shall be suitable in form fori incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution ofanycurrent ampahwrals-adasateaiaimgahwmiale  rules and regulations included ini the code.  SECTION2.27. City manager; appointment; qualifications; compensation,  The city council shall appoint a city manager for an indefinite tenn and shall fix the city manager's compensation. Thé city manager shall be appointed: solely on the basis oft that  person's executive and administrative qualifications.  SECTION2,28. Removal of city manager.  (a) The city council mayi remove thei manager from officei in accordance with the following (1) The city council shall adopt by affinmative vote ofa majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from dutyf forap period not to exçeed 45 days. A copy yofther resolution shall be (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall bel held within 300 days aftertherequesti is filed. Themanager may filev with the council ay written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in C.-eA finalr resolutionforremoval, whichmay ber made effective immediately, by: an affirmative vote ofa majority of all its members. If the manager has requested a public hearing, the city council may adopt a final  procedures:  delivered promptly to the manager;  H.B.122 16-    resolutioni forremovawlidmybemaafeaseimmalaa,afimmivevale ofai majority ofalli its members at any time after the public hearing. (b) Themanagern mayo coninuctoredveasalayumiltheefleive: date ofat final resolution  ofremoval.  SECTION2.29. Acting city manager.  Byl letter filedy witht the cityclerk, the city managers shall designate, subject tos approvalo lofthe city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absençe or disability, the city council may revokes such designation at any time and appoint another officer ofthe cityt tos serveuntil thec citymanagershall: retum  ort the city manager's disability shall cease.  SECTION2.30. Powers and duties oft the city manager.  Thec city managershallbethec chiefexceutiveandadinistatiyeoffive. ofthec city. Thecity manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and (1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided byl law orj personnel ordinances adopted pursuant tot this charter. Thec city mmgeymhauauyanalaisatheollerwoi iss subject to the city manager's direction and supervision to exerçise these powers with respect to (2) Direct and supervise the administration ofall departments, offices, and agencies of (3) Attend all city council meetings, except ford closed meetings held for thej purposes of deliberating ont thes appointment, discipline, or removal ofthec city manager, andi havet the right to take part in discussion, but the cityn manager may not vote; (4) See that all laws, provisions oft this charter, and acts oft the city council, subject to ypypyenmsaywwN directiona and  administrative officer, the city manager shal!:  subordinates in that officer's department, office, or agency; the city, except as otherwise provided byt this charter or by law;  supervision, are faithfully executed;  H.B,122 -17-    (5) Prepare and submit the annual operating budget and capital budget to the city (6) Submit to the city council andi make: available tot thep publice ac completer report ont the finançes and administrative activities ofthec city as oft thes end ofeach fiscal year; (7) Make such other reports as the city council may require conçeming the operations of city departments, offiçes, and agencies subject to the city manager's direction and (8) Keep the city council fullyadvised as to the financial condition and future) peeds of thec city, andi makesuchi recommendationst tot thecitycouncil concerningt the affairs ofthe (9) Perfom others such duties as ares specified int this charter ora asi mayl berequiredl bythe.  council;  supervision;  city as thec city manager deems desirable; and  city council.  SECTION2.31.  Council's interference with administration.  Except fori thej purpose ofi inquiries andi investigationsi under Section2.150 ofthis charter, the city council ori itsn memberss shall deal with cityoffiçers ande employees who ares subject to the direction ands supervision of the city manager solely throught the city, manager, and neither the city council nor its members shall give orders to anys such officer or employee, either publicly or privately. The city council shall act ina all matters asab bodyandi noi members shall seek individually to influence the official acts of the manager or any other officer or employee of the city, or direct or request thes appointment of any person to, orl his removal from, any office or position of employment, or toi interferei in any way witht theperformance  oft the duties by thei manager or other officers or employees.  SECTION2.32. Election ofr mayor; forfeiture.  Thei mayors shalll be electeda atl larget byt they voters ofthe cityands servei for at term offouryears and until a successor is elected and qualified. The mayors shall beac qualified elector oft this city and shallhavel beena a resident ofthed city for 12months priort tot thec date ofelection. The mayor shall continue to reside in this city during the period of serviçe. The mayor shali forfeit the office ont thes same grounds andi undert thes samep procedure: as forc councilmembers.  H.B.122 -18-    SECTION2.33. Vice mayor.  The city council at the first regular meeting after the newly elected councilmembers have takenoffice: followinge eache electionshalle electacoumcimemberio: serveasvicemayor." The vicer mayors shallb bee electedbyar majoritys voteofthec citycounçil.Thex vicer mayor shalls serve for a term oft two years. The vice mayor shall assume the duties and powers of the mayor during the mayor's physical or mnental disability, suspension from office or absence. Any such disabilityofther mayorshalll bec declaredb Hbyamjamiyaieofieelye council.T Thev vice mayor shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14. When acting as mayor, they vice mayor shall  not vote as ai member oft the council.  SEOTION2.34. Powers and duties ofmayor.  The mayor shal!:  (I) Preside at all meetings oft the city council;  (2) Bxercise general supervision over administrative work oft the city; (3) Be the head of the city for the purpose of service of process and for ceremonial purposes, and bet the official spokesperson: for the city and thec chief adyocate of policy; (4) Have the power to administer Oaths and tot take affidavits; (5) Sign as a matter ofcourse on behalfoft the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are (6) Vote on matters before the city council. only in the case ofa tie vote between (7) Approve or disapprove resolutions and ordinances as provided in Section 2.35;and (8) Perform such other duties as may be required byl law, this charter, or by ordinance.  required tol bei in writing; councilmembers;  SECTION2.35.  Submission of ordinances tot the mayor; vetoj power,  (a) Every resolution or ordinance adopted byt the city council shalll bey presented byt the city manager to the mayor within 961 hours after the adjourment ofany council meeting. (b) The mayor, within: seven calendar days ofr receipt ofar resolution or ordinance, shall retumi itt to the city manager with or without the mayor's approval, or with) his veto. Ifthe  H.B.122 -19-    '  resolution or ordinancel has beens approved byt ther mayor, its shallb become law uponi its return to the city manager; ift the resolution or ordinance is neither approved nor disapproved, it shalll becomel laws att twelveo o'clock noono ont thet twelfth calendardayafter: itsa adoptionb bythe city council; ift the resolution or ordinance is vetoed, the mayor shall submit to the city councilt througitneciymanagerawntenstatemeitepplainnglereasons fortheveto. The city manager shall record upon the resolution or ordinance the date ofi its delivery to and (c) Resolutions or ordinances vetoed byt the mayor shall bej presented byt the city manager tot the city council ati its next meeting. Ifthe city council then or ati its next meeting adopts the resolution or ordinance over the veto by an affirmative vote off four of its members, it (d) The mayor may disapprove or reduce any item or items of appropriation in any resolution or ordinance, except appropriations for auditing or investigating the office of mayor. The approved part or parts ofa any resolution or ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or1 parts shall be presented to city council as though disapproved and shall not become law unless overridden byt the city council as provided in subsection (c) above. (€) The mayor shall not havet thej power to veto anye emergency ordinance.  receipt from thet mayor.  shall become law.  ARTICLEII ADMINISTRATIVE AFFAIRS SECTION3.10. Administrative ands service departiments.  (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, ande Maa,cmmaaNe orl leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for thep properadministration: oft the affairs and government oft this city. (b) Except as otherviseprovidedbyt this charter ort byl law, the directors of departments and other appointed officers of the citys shall be appointed solely on thel basis oft theirrespective (c) All appointive officers and directors of departments shall receive such compensation: as (d) There shall bea a director of each department or agency whos shallb bei its) principal lofficer. Each director shall, subject to the direction and supervision of the city manager, be  administrative and professional qualifications. prescribed by ordinance or resolution.  H.B.122 -20-    responsiblef s-awtayan (e) All directors of departments shall bes subject toi removal ors suspension at anyt timel byt the city manager in the: manner provided by city's personnel policy and procedure manual.  department or agency.  SECTION3.11. Boards, commissions, and authorities.  (a) The city council shall createl by ordinance or resolution such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance or resolution establish the composition, (b) All: members ofboards, commissions: anda tyaawye city council for such temms of office andi ins such manners as shalll be) provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is (c) The city council, by ordinance, may provide for the compensation andi reimbursement for actual andi neçessary expenses oft thei members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority oft the citys shall hold anye elective office ini the city. (€) Any vacancy on al board, commission, or authority of the citys shall be filled for the unexpiredtermin aapashaiwaMAawewwiayaaane () Nemameohaucmmane ratwiyalalismmealteuaie that personi has executed and filed with the clerk of the city an oath obligating himself to faithfully and (g) All members ofboards, commissions; or authorities serve at-will and may be removed at any timel byas majorily vote of the city council unless otherwise provided bylaw. (h) Except as otherwise provided by this charter. or by law, cach board, commission, or authority oft the citys shall elect one ofi its members as chair and one member as vice-chair, and may elect as its secretary one ofi its own members or may appoint as secretary an employee of the city. Bach board, commission, or authority oft the city govemment may establish such bylaws, rules, and regulations, noti inconsistent with this charter, ordinances oft the city, or law, as it deems appropriate andi necessary fort thef fulfillment ofi its duties or thec conducto ofitsaffairs. Copies ofsuch! bylaws,ruies, andi regulations shall!! be filedwiththe  period of existence, duties andj powers thereof.  prescribed byt this charter or by! law. -  provided byt this charter or byi law.  impartially perform the duties of that member's office.  clerk oft the city.  H.B.122 -21-    SECTION3.12. Cityattorney.  The mayor and city council shall appoint a city attomey, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the cityi in all litigation in which the cityi is ap party; may bet the prosecuting officer int the municipal court; shall attend the meetings of thec councila as directed; shall adviset the citycouncil, mayor, ando otherofficers: ande employees oft thec city concerning legal aspects oft the city's affairs; and shall perform such other duties as may! bei required by virtue oft they person's position as city attorney. The city attoreyi is not aj public officiai ofthe city and does not take an oath ofc office. The city attorney shall at all times be an independent contractor, A law firm, rather than an  individual, may be designated as the city attomey.  SEÇTION 3.13, Cityclerk.  The mayor and city council shall appoint a city clerk who shall not be the mayor or a councilmember. The city clerk shall be custodian ofthe official citys seal and city records; maintaino citycouncilr records required! byt this charter;a attendi meetingsofthec citycouncila and keep mminutes ofi its proceedings at such meetings; and perform such other duties as may be required by the city council. With the approval of the city council, the city manager may  serve as the city clerk.  SECTION3.14. Position classification andj pay plans.  Thec city managers shall! be: responsible fort thej preparation ofap position classification: and pay plan which shall bes submitted to the city council for approval, Such plan may applyt to all employees of the city and any of its agencies, departments, boards, commissions or authorities." Whenapayplanhast beena adopted, thec cityo casiatindliscsd the salary range applicable to any position except by amendment ofs such pay plan. For purposes ofthis section, all elected city officials arei not city employees.  H.B.122 -22-    SECTION 3.15. Personnel policies.  The city council shall adopt by ordinance a personnel policy and procedure manual. All employees shall be governed byt the city's personnel policyand procedure manual.  ARTICLEIV JUDICIAL BRANCH SECTION4 4.10. Creation; name,  There shalll be a court to bel known ast thel Municipal Court ofthe City of Waynesboro.  SECTION4.11. Chief judge; associate judge.  (a) Ther municipal courts shallb bepealdoretlyadhiefiatmdsahpam-im, full-time, (b) Nop persons shall beq qualified ore eligible tos serveasajudge oni municipal courti unlesst that person shall havea attainedi the agec of25 years, shalibean member ofthe State BarofGeorgia ands shall possess all qualifications required byl law. Allj judges shall be appointed by the mayor and city council and shall serve until as successor is appointed and qualified. (c) Compensation ofthej judges shall be fixed by ordinance. (d) Judges serve at will andi may! ber removed from office at any time byt ther mayor and city council unless otherwise provided byordinance. (e) Beforeassuming office, eachj judges shallt take: an oath, givent by thei mayor, thatt thej judge will honestly and faithfully discharge the duties oft the office to the best of that person's ability andy without fear, favor, or partiality. The oath shall be entered upon the minutes of  ors stand-byj judges as shall be provided by ordinance.  the city council,  SECTION4.12. Convening.  The municipal court shall be convened at regulari intervals as provided byordinance.  H.B.122 -23-    SECTION 4.13. Jurisdiction; powers.  (a) Ther municipal court shalll havej jurisdictiona anda authoritytot trya and punish violations of this charter, all city ordinances, ands such other violations as provided bylaw. (b) The municipal court shall have authority toj punish thosei in its presence for contempt, provided that such punishment shail not exceed $200.00 or ten daysi inj jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and mpiaumemtypuih-elaiwaaeralemshesaigasw, (d) Themunicipal courtshallh havea authoritytoe establisha as scheduled off feest to defrayti thecost ofoperation, ands sha!l! be enilediorembursemen: ofthec cost ofr meals, transportation, and caretaking ofprisoners bound over to superior courts for violations ofstatel law. (e) Ther municipal court shall) have authority to establish bail and recognizances to ensure thej presence ofthose charged withy violations befores said court, ands shalll haved discretionary authority to accept cash or personal or real property as surety fort the appearance ofpersons charged withviolations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shalll be forfeited by the judge presiding at such time, and an execution issued thereon! by serving the defendant and the defendant's suretieswitharulen nisi,a at least two dayst before al hearing on ther rulenisi. Int the event that cash or property is accepted in lieu ofbond for security for the appearance ofa defendant att trial, andi ifsuch defendant fails to appear at the time and place fixed fort trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property sO deposited: shall have al lien against iti for the value forfeited which lien shall be enforceable int the same manner and to the same' extent as a lien for city property taxes. () The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; andt to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal ofe eacho casel by thei issuance ofsummonses, subpoenas, andy warrants whichi mayb be served as executed by any officer as authorized byt this charter or byl law. (h) Eachj judge oft the municipal court shall be authorized toi issues warrants for the: arrest of persons charged with offenses against any ordinance of the city, and each, judge of the municipal courts shalll have the same authority: as a magistrate of the state toi issue warrants  orl hereafter provided byl law.  for offenses against state laws committed within the city.  H.B.122 -24-    SECTION4.14. Certiorari.  The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, ands such certioraris shalll be obtainedi under thes sanction ofaj judgec oft the Superior Court ofBurke Countyu under the laws ofthe State of  Georgia regulating thes granting andi issuance ofwrits ofcertiorari.  SECTION 4.15. Rules for court.  With the approval oft the city council, thej judges shalll havei full power and authority to make reasonable: rules and regulationsi necessaryand proper tos secure thee efficient and successful administration ofther municipalcourtp provided,howeyer, thatt the city council mayadopti in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for publiç inspection,a and, uponr request, acopys shall bef furnished to all defendants ini municipal court  proceedings at least 48 hours prior to such proceedings.  ARTICLEV ELECTIONS ANDI REMOVAL SECTION5.10. Applicability of general law.  Ally primariesandelectionss shallbehelda ando comdachedinagandmsewin Chapter2ofTite 21 ofthe O.C.G.A., the' "Georgia Election Code,"as now orl hereafter amended.  SECTION: 5.11. Election of the city council and mayor.  (a) There shall be a municipal general election' biennially in the odd years on the Tuesday (b) There shalll be elected ther mayor andt three councilmembers. at one election and: at every other election thereafter. The remaining city council seats shall be filled at the election altematingy witht thet firste election: sot atacminuingbodylseraa. Terms shalll bef for four (c) In order to create a continuing body, the following provisions shall apply:  next following the first Mondayi in November.  years.  H.B.122 -25-    1  (I) Ont the Tuesday following the first Mondayi in) November, 2011,a an election shall be çonducted to elect a mayor and three councilmembers. The mayor elected at that time shall take office on. January 1,2 2012, at the expiration oft thet term ofoffice oft thej person serving asi mayor on, January 1,2008, Georgel L. Deloach. The candidates elected at that time tot the council seats held on. January 20alyairiaiyphadlus 1),Hernan Brown (Ward II, Post 2) and Williel R. Williams (Ward III, Post 3) shall take office on January 1,2012. Ther mayor ando councilmembers electedi inl November: 2011,shalls serve for a four year term expiring December 31, 2015, and until such mayor's or councilmember'ss successors are elected and qualified. The successors to thep positions expiring on December 31, 2015 shall be elected on the Tuesday following the first MondayinN November2015. Ther mayor candidatea and city council candidates electedin November 2015, shall servef forai four year temm! beginning. January 1,2 2016and expiring on) December: 31,2019. Thereafter, thes election schedule] provided ins subsection (a) and (2) Ont the' Tuesday following the first Mondayir inl November, 2013, an election shalll be conducted to elect three councilmembers. The candidates elected at that time to the council seats held on January 1,2010 by Richard Byne (Ward I, Post 4), James. Jones (Ward II, Post 5) and] Portia Washington (Ward III, Post 6) shall take office on. January 1,2014. Thecouncilmembers: electedi inl November2 2013,shalis servef fora ai foury yeart term eplaDamw3l,20,ma untils such councilmember's: successors are elected and qualified. Thesuccessorst tot thepositionst epingomDeember31,017ahalbecieued ont the Tuesday following the first Monday inj November 2017. The candidates elected ini November 2017, shall serve for a four year term beginning January 1, 2018 and expiringonI Dembiul-Tasrats, thee elections siallepovtealinmhasasin  (b) of thiss section shall apply.  (a): and (b) ofthis section shall apply.  SECTION5.12. Nonpartisan elections.  Political parties shall not conduct primaries for city offices and all names of candidates for  city offices shall bel listed without party designations.  SECTION 5.13. Election by majority.  Thej person receiving a majority oft the votes cast for any city offiçe shall be elected.  H.B.122 -26-    SECTION5.14. Special elections; vacancies.  Int the event thatt the office of mayor or councilmember: shall become vacant as] provided in Section2.12ofthis: charter, thec city council ort those remainings shall orderas special election to fillt theb balance oftheu unexpiredt term ofsuchofficial;p provided, however,ifsuch vacancy occurs within 14months oft thec expiration oft thet term oft that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall bel held and conducted in accordançe with Chapter 2of Title 21 oft the O.C.G.A., the' "Georgia Election Code," as now or hereafer amended.  SECTION 5,15. Other provisions.  Except as otherwise provided byt this charter, the city council: shall, by ordinance, prescribe such rules and reguiations as it deems appropriate to fulfill any options and duties under Chapter 2 ofTitle 21 ofthe O.C.G.A., the' "Georgia Election Code."  SECTION 5.16. Removal ofofficers.  (a)T malr-wwae be removed from office for any one or more of the causes provided in' Title 45 of the O.C.G.A. or such other applicable laws as are ori may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) ofthiss section: shall be accomplished (1) Followingab hearing at which ani impartial panels shall rendera ac decision. Int the event an elected officer is sought tol ber removed byt the action oft the city council, such officer shall be entitied tos a written notice specifying the ground or grounds for removal andt to a public hearing which shall be held not less than ten days after the service of such writtennotice. The city councils shallp providebyordinance: fort the manneri iny whichs such hearings shall bel held. Anye elected offiçersought! tol bei removedi from officeasprovided in this section shall havet the right ofa appeal from the decision of the city council to the Superior Court of Burke County. Such appeal shall be govemed by thes same rules as (2) By an order of the Superior Court of Burke County following a hearing on a complaint seeking such removal brought by any resident oft the City ofWaynesboro.  by one oft the following methods:  govem appeals to thes superior court from thep probate court; or  H.B.122 -27-    ARTICLE VI FINANCE SECTION 6.10. Property tax.  The city council may assess, levy, and collect an ad valorem tax on all real and personal propertywithin thec corporatel limitso ofthe cityt thati iss subjectt tos sucht taxation! byt thes stateand county. This taxi is for the puipose ofr raising revenues to defrayt thec costs of operating the city government, of providing govemmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined byt the city  council ini its discretion.  SECTION 6.11.  Millage rate; due dates; payment methods.  The city council by ordinance shall establish ai millage rate: for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide fort the! payment oft these taxes byi installments ori in one lump sum, as well as authorize the voluntary payment oft taxes prior tot the time when due.  SECTION 6.12, Occupation andl business taxes.  Thedyemalyendiamahan havet thep power tol levysuch occupation orl business taxes as are not denied by law. The city council may çlassify businesses, occupations, or professions for the purpose of such taxation in àny way which may be lawful and may compel the payment of such taxes as) provided in Section 6.18 ofthis charter.  SECTION 6.13. Regulatory fees; permits.  The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee fors such permit as provided by general law, Such fees shall reflect thei total cost to the city of regulating the activity and, if unpaid, shail be collected as provided in  Section 6.18ofthis charter.  H.B.122 -28-    SECTION 6.14. Franchises.  (a) The city council shall! havet thep power to grant franchises for the use ofthis city's streets and alleys for the purposes of railroads, street railways, telephone companies, electriç companies,clectricmembeshipcorporationscabletelevisonandolhertelcommunications companies, gas companies, transportation companies, and others similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for aj periodi in excess of35 years and no franchises shall be granted unless thec cityr receivesj justa anda adequate compensation therefor. Thec citycouncil: shall provide for the registration of all franchises with the city clerki in a registration book kept byt the city clerk. The city council may provide by ordinance fort the registration within a reasonable (b) Ifnoi franchise agreement isi in effect, the city council has the authority toi impose at tax on gross receipts for the use oft this city's streets and alleys for the purposes ofrailroads, McniwpAtgsupms, electric companies, dsasemembauipoupanton: cable television and other telecommunications companies, gas companies, transportation  time of all: franchises previously granted.  companies, and other similar organizations.  SECTION6 6.15. Serviçe charges.  The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and outside the corporate! limits of the city fort the total cost to the city of providing or making available such serviçes. Ifumpaid, such chargés shall be collected as  provided in Section 6.18 ofthis charter.  SECTION 6.16. Special assessments.  The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, nmgpute.evuerahnst utilitymains anda appurtenances. from thea abuttingproperty owners undersuch terms and conditions as are reasonable. Ifunpaid, such charges shalll be  çollected as provided in Section 6.18 ofthis charter.  H.B.122 -29-    SECTION 6.17. Construction; other taxes and fees.  This citys shall be empowered tol levya any other tax orf feea allowed now or hereafter byl law, andt thespecifici mentiono ofanyright,power, orauthorityint this article: shallnotbec construed asl limitingi in any way the general powers ofthis city to gover its local affairs.  SECTION 6.18. Collection of delinquent taxes and fees.  The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatverrasomblemeans asa arenotprecluded byl law. Thiss shalli includep providing fort the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creationa and! priority ofliens; making delinquent taxes andf fees personal debts ofthe persons required toj payt thet taxesorf feesimposed; revokingcityperitst forf failuret toj payany city taxes or fees; andj providing for the assignment ort transfer of tax executions.  SECTION 6.19. General obligation bonds,  The city counçil shall have the power toi issue bondsi for thep purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Swehboningaubloily.haln bee exercisedi ina accordance with thel laws govemingbond issuance by municipalities in effect at thet times suchi issue is undertaken.  SECTION 6.20. Revenue bonds.  Revenue bonds may bei issued by the city council as state law now or hereafter provides. Such bonds aret to bej paid out ofany revenue produced byt thej project, program, or venture  for which they were issued.  SECTION 6.21. Short-term loans.  The city may obtain short-term! loans andr mustr repays suchl loans notl later than) December31  ofeach year, unless otherwise provided byl law.  H.B.I 122 -30-    SECTION 6.22. Lease-purchase contracts.  The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition ofgoods, materials, real andy personal property, services, ands supplies, provided the contract terminates without further obligation ont the partofther municipalityat: thec close of the calendar yeari in which it was executed and att the close ofe each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the reguirementsofCodeSetim364.5efteocdA.eralermahwwsasare  or may hereafter bee enacted.  SECTION 6.23. Fiscal year.  The city council shall set the fiscal year by ordinance. This fiscal years shall constitute the budget year and the year for financial accounting andi reporting of each and every office, department, agency, anda activity oft thec city govemment unless otherwise provided! by state  or federal law.  SECTION 6.24. Preparation ofb budgets.  The city council shall provide an ordinance on the procedures and requirements for the preparation and execution ofa an annual operating budget, a capital improvement) plan, and acapital budget, including requirements as' tot the scope, content, andi form ofsuchl budgets  and plans.  SECTION 6.25. Operating budget.  On or before a date fixed byt thec city councilt but notl latert than 30d days priort to thel beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budgets shall be accompanied byan message from the city manager containing as statement oft the general fiscal policies oft the city, thei important featuresoft thel budget, P-natonsomgperchnss recommendedi fort the next fiscal year, a general summary of the budget, and such other pertinent comments andi infonmation. The operating budget and the capital budget hereinafter provided. for, the budget message, and  H.B.122 -31-    all supporting documents shall be filed in the office oft the city clerk and shall be open to  public inspection.  SECTION 6.26. Action by city council on budget.  (a) The city council may amend the operating! budget proposed by the city manager, except that the budget as finally amended and adopted must provide fora all expenditures required by state law or by other provisions oft this charter and fora all debts service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the (b) Thecitycouncill byc ordinanceshalla adoptth thef finaloperating! budgeti fort the ensuing fiscal year notl latert than the 31st day ofl December ofe each year. Ift the city council fails to adopt the budget bys said date, the amounts appropriated for operation fort the then current fiscal year shall be deemed adopted fort the ensuing fiscal year onamonthl-to-montht basis, witha all items proratedaccordingly, untils sucht time ast the citycouncil adoptsab budgetfortheensuing fiscal year. Adoptionofthel budgets shall taket thet fomofana peplatoncdnucsting outt the estimatedi revenuesi in detail bys sources andi making popiationsacconingios fund andb lyegamiatiomiumtpupas, oractivityass seto outi int Meladgeppamtomoainure (c) The amount set out int the adopted operating budget fore each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrancecreated ine excessoftneolhenviseunmcumeardbalimseoncoftheappropriations  estimated fund balance, reserves, and revenues.  adopted pursuant to Section 6.24 ofthis charter.  ora allatment thereof to whichi iti is chargeable.  SECTION 6.27. Tax levies.  The citycouncils shall levy! by ordinances such taxes as arei necessary. Thet taxes andt taxi rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal thet total amount appropriated for each of the: several funds set forth in the annual operating budget for defraying the expenses of the general government  ofthis city.  H.B.122 -32-    SECTION 6.28. Changes in appropriations.  The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing  unexpended surplus.  SECTION 6.29. Capital budget.  (a) On or before the date fixed by the city council but no later than 30 days prior to the beginning ofeach fiscal year, the city manager shall submit to the city council aj proposed capitai improvements plan with a recommended capital budget containing the means of financingt gtheimprovements; proposedforthee ensuing fiscal year. heciycoumclshalhave power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are includedint thecapital! budget,e egomtpiibgyppnadanseiw2a4 (b) The city council shall adopt by ordinance the final capital budget for thes ensuing fiscal year not later than the: 31st dayo ofDecember of each year. No appropriation provided fori in a prior capital budget shail lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments tot the capital budgeta at atiyt time duringt thet fiscal year, accompanied! by recommendations. Anysachamendments: tot the capital budgets shall become effectiveonly  oft this charter.  "upon adoption by ordinance.  SECTION 6.30, Independent audit.  There shall be an annual independent audit of all city accounts, funds, and financial transactions byacertifiedy public accountant: selected byt thec city council. Thea audits shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies ofa annual audit reports shall be: available at printing costs to the public.  H.B.1 122 -33-    :  SECTION 6.31. Contracting procedures.  No contract with thec citys shall bel binding on the city unlessi iti isi iny writing andi iti is made or authorized byt the city council ands such approvali is entered in the city council minute book  pursuant to Section 2.21 ofthis charter.  SECTION 6.32. Centralized purchasing.  The city council shall by ordinance prescribe procedures for a system of centralized  purchasing for the city.  SECTION 6.33. Sale: andI lease ofcity property.  (a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now orl hereafter provided byl law. (b) The city council may quitclaim any rightsi itr mayl havei inj property noti needed: for public purposes upons report byt thec city manager anda adoption ofar resolution, both findingt that the property is not needed for public or other purposes and that thei interest of the city has no (c) Wheneveri in opening, extending, or widening any street, avenue, alley, or public place oft the city, a small parcel or tract oflandi is cut-off or separated bys such work from a larger tract or boundaryoflando owned byt the city,the city council maya authorize thec cityn manager tos sell and conveys said cut-offors separated parcel or tract ofl landi to an: abutting or adjoining property owner or owners where suchs sale and conveyance: facilitates the enjoyment oft the highest and! best use oft thes abutting owner's property. Inçludedi in thes sales contract shalll be a provision for thei rights-of-way ofs said street, avenue, alley, orj publicp place. Eacha abutting property owners shall bei notified ofthea availabilityofthe propertya and given the opportunity toj purchase said property unders such terms and conditions as provided byt the city council. All deeds and conveyances heretofore and! hereafter SO executed and delivered shall convey ailt titlea andi interest thec cityl hasi ins such! property, notwithstandingi thei factt thatr no publicsale  readily ascertainable monetary value.  after advertisement was ori is hereafter made.  H.B. 122 -34-    ARTICLE VII GENERALPROVISIONS SECTION 7.10. Bonds for officials.  Theofficers ande employees ofthisc d,lwheausmiypalm.ahalessuemchauy, or fidelity bonds ins such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided byl law.  SECTION7.11. Existing ordinances, resolutions, rules, and regulations.  All ordinances, resolutions, rules, and regulations. nowi in force in the cityr noti inconsistent with this charter are hereby declared valid and of full effect and force until amnended or  repealed by the city council.  SECTION7.12. Pending matters.  Except as specifically provided otherwisel byt this charter, allr rights, claims, actions, orders, contracts, andl legal ora adminismativeproceedinsshallcontinuc. and any such ongoingwork or cases shall be completed bys such city agencies, personnel, or offices as may bej provided  by the city council.  SECTION7.13. Construction.  (a) Section captions in this charter are informative only and arc notl be considered as ap part  thereof.  (b) The word' "shall" isi mandatoryand the word' "may" is permissive.  (c) Thesingular shalli includet the plural, the masculine shalli include the feminine, and vice  versa.  H.B,122 -35-    SECTION7.14. Severability.  liuytagistoshasin, paragraph,s sentence,orpartt thereofofthis charters shalll be held to bei invalid or unconstitutional, such invalidityor unconstinutiomalityshal. not affect ori impair othery parts ofthis charterunlessi ito clearly appears thats such other parts are wholly and necessarily dependent upon thep part held to bei invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereofbe enacted separately andi independent ofe each other.  SECTION7.15. Specific Repealer.  An Acti incorporating the City of Waynesboro: in the County ofl Burke, approved. April 10, 1971(Ga.L.1 -w lamendatoryactst thereto  arel likewise repealed in their entirety.  SECTION7.16. General Repealer.  All other laws and parts oflaws in conflict with this Acta are herebyrepealed.  APPROVED APR202011 BY GOVERNOR  H.B.122 -36-    NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Nouiselsphenthatneewit beintroducedal the 2011 regular session of Ihe General Assembly ol Georgia al bil to enact al new charter for the Cily ol Waynesboro and lo repealthes erisingchaterapprovedA Apil10, 1971 (Ga.L.1 1971,p.3328.asa amended:and ford other purposes. This 11° day ofN November2 2010.  Chrislopher N. Dube CityAllorney Cilyolv Waynasboro PostOlfice! Box367 Wrens, Georgia 30833 706-547-4090  GEORGIA, FULTONCOUNTY  Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glorial Frazier, who on oath deposes and says that she is the Representative from Dislrict 123 and further deposes and says that the attached Notice of Intention tol Introduce Local Legislation was publishedi in the True Citizen whichi is the official organ of Burke County on! November 17,2010, and that the notice requirements of Code Section 28-1-141 have been met.  s/ Bleni-Shyur Gloria Frazier Representative, District 123  Sworn tos and subscribed before me, this: 3lst day ofJ January 2011. s/ Dcare hoal Deana Mosher Notary Public. Henry County, Gcorgia My Commission Expires Aug. 25,2 2011 (SEAL)  JA MGSAM EXPIRES AUG.25,2011 GEORGIA PUBLIC COUR  H. B. 122    1:16.