CITY OF REYNOLDS TAYLOR COUNTY, GEORGIA AN ORDINANCE AMENDING THE CHARTER FOR THE CITY OF REYNOLDS, GEORGIA AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF REYNOLDS, GEORGIA, FOR THE PURPOSE OF AMENDING THIE CHARTER OF THE CITY OF REYNOLDS, GEORGIA PERTAINING TO ARTICLE II, GOVERNMENT STRUCTURE, ORGANIZATION AND PROCEDURES, C. ORDINANCES, SECTION 2.22 ORDINANCE FORM; PROCEDURES, PROVIDING FOR AMENDING THE ABOVE BY ADDING A NEW SUBPARAGRAPH (c) TO SECTION2.22 FOLLOWING SUBSECTION (b) PROVIDING FOR THE PROCEDURES TO BE USED IN THE ADOPTION OF A NEW MUNICIPAL CODE OF ORDINANCES WITH NOTICE PROVIDED TO THE PUBLIC BY ADVERTISING SAME IN THE LOCAL ORGANNEWSPAPER, THE POSTING OF SUCH MUNICIPAL CODE ONTHE WEBSITE OF AND MAINTAINED BY THE CITY OF REYNOLDS, AND BY MAKING AVAILABLE TO THE PUBLIC AT CITY HALL OF REYNOLDS, GEORGIA AND PROVIDING ANY REQUESTING MEMBER OF THE PUBLIC A COPY OF SAME; PROVIDING FOR CONFLICTS, SEVERABILITY, REPEALER, AND EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF REYNOLDS, GEORGIA HELD ON THE 25TH DAY OF JANUARY, 2021. WHEREAS, the City of Reynolds, Georgia, has maintained an indexed compilation of ordinances at City Hall; and; WHEREAS, the City of Reynolds, Georgia, was operating under the City of Reynolds Charter of 1915; and WHEREAS, the City of Reynolds, through its elected officials, employees, agents, and attorneys, has put forth great effort for the betterment of the City of Reynolds to provide for a new City Charter for its citizens; and WHEREAS, The Honorable Patty Bentley, Representative for House District 139, of the Georgia House of Representatives, and The Honorable Ed Harbison, Senator for Senate District 15, Georgia Senate, and were vitally instrumental in the adoption of the new charter for the City of Reynolds by the Georgia General Assembly; and WHEREAS, the City of Reynolds, through it elected officials, employees, agents, and attorneys, seeks to further improve the City of Reynolds by updating its ordinances and enacting aj new municipal code of ordinances; and WHEREAS, pursuant to O.C.G.A. $ 36-35-3, "[the governing authority of municipal corporation shall have the legislative power to adopt clearly reasonable ordinances, resolution, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto.' "; and WHEREAS, pursuant to O.C.G.A. $ 36-35-3(b)(1), "a municipal corporation may, as an incident ofits home rule power, amend its charter by following either ofthe following procedures: by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority. 27 and WHEREAS, the aforementioned Code sections provide for the specific procedures for the City to amend its charter; and WHEREAS, O.C.G.A. $ 36-35-6 provides for certain limitations on the home rule for municipalities in amending its charter; and WHEREAS, the City of Reynolds is desirous of amending its charter as indicated herein while remaining compliant with and within the bounds of all Georgia state statutes; and WHEREAS, the City seeks to amend its charter to provide for an efficient, cost effective, and stream-lined approach for the adoption of a new code ofn municipal ordinances; and WHEREAS, the City's intentions are to limit the applicability of this Ordinance and the Charter amendment to the initial adoption oft the new code of municipal ordinances as a whole, and it is not intended to circumvent the normal ordinance adoption procedures when adopting other, individual or multiple ordinances in the future. IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF REYNOLDS, GEORGIA, by virtue of the authority vested in the Mayor and City Council oft the City of Reynolds, Georgia, that current charter of the City of Reynolds is amended by the addition of the following subsection labeled "(c)" including the following language to Article II, Government Structure, Organization and Procedures, Ordinances, Section 2.22 Ordinance Form; Procedures as follows: "(c) An ordinance to adopt a municipal code of ordinances may be adopted under the same procedures for all ordinances, except that the notice provisions of and any readings pertaining thereto may be satisfied by the following procedures: Notice may be provided to the public by advertising same in the local legal organ/newspaper, the posting of such municipal code and/or any subsection thereof on the website of and maintained by the City ofF Reynolds, and by making available to the public at City Hall of Reynolds, Georgia, and providing any requesting member ofthe public a copy of same. 2> ITIS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF REYNOLDS, GEORGIA, further that: (a) Conflict With Other Ordinances. Resolutions. or Regulations. Whenever the matters contained in this Ordinance require impose more or less restrictive standards than are required in or under any other ordinance or statute, this Ordinance shall govern, SO long as they are not preempted by state law. (b) Severability. Should any section or provision ofthis Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof other than the part SO declared to be unconstitutional or invalid. (c) Repealer. This Ordinance amends the City Charter, adopted May 8, 2018. In the event that this added subsection of this provision within the Charter is struck down as void, unconstitutional or invalid, including therefore this provision, that prior subsection ofthe charter shall be considered to not have been repealed, and shall therefore still be in effect. (d) Effective Date. This Ordinance shall take effect and be in force from and after its adoption, the public welfare of the City of Reynolds demanding. SO ADOPTED, this 22 day of Fhhuny 2021. ATTEST: CITY OF REYNOLDS, GEORGIA Vam.Dudu A Pam Dowdy, City CJérk Walter Turer, Mayor Seal REY o CORPORA, S. , C 6 a ORGIA - 18 LC 44 0849S/AP House Bill 937 (AS PASSED HOUSE AND SENATE) By: Representative Bentley of the 139 A BILL TO BE ENTITLED AN ACT Tol provide a new charter for the City of Reynolds; to provide for incorporation, boundaries, 2 powers, and construction; to provide for a governing authority, its election, and terms; to 3 provide for vacancies; toj provide forinquiries andi investigations; toj provide for meetingsand 4 voting of the governing authority; to provide for powers of the mayor and for a mayor pro 5 tem; to provide for administrative and service departments; to provide for boards, 6 commissions, and authorities; to provide for ordinances; to provide for a city manager, city 7 clerk, and city attorney; to provide for employment matters; toj provide for ai municipal court, 8 itsjudges.jurisdiction, and powers; to provide for certiorari and rules ofthe court; toj provide for elections and removal ofthe, governing authority; to provide for budgets; to provide for I0O disposition of municipal property; to provide for taxes, fees, franchises, and other charges 11 and assessments; toj provide for bonds and short-term loans; to provide contract procedures; 12 toj provide for bonds for officials, prior ordinances, existing personnel and officers, pending 13 matters, and construction; to provide for related matters; to provide a specific repealer; to 14 repeal conflicting laws; and for other purposes. 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 16 ARTICLEI 17 INCORPORATION AND POWERS 18 SECTION 1.10. 19 Name. 20 This city and the inhabitants thereof, are reincorporated by the enactment ofthis charter and 21 are hereby constituted and declared a body politic and corporate under the name and style 22 City of Reynolds, Georgia, and by that name shall have perpetual succession. H.I B.9 937 1 18 LC 44 0849S/AP 23 SECTION 1.11. 24 Corporate boundaries. 25 (a) The corporate boundaries ofthis city shall be those existing on the effective date ofthis 26 charter with such alterations as may be made from time to time by local law or the manner 27 provided by general state law. The boundaries of this city at all times shall be shown on a 28 map, a written description, or any combination thereof, to be retained permanently in the 29 office of the city clerk and to be designated, as the case may be: "The official map or 30 description of the corporate limits oft the City of Reynolds, Georgia. Photographic, typed, 31 or other copies of such map or description certified by the city clerk shall be admissible as 32 evidence in all courts ofl law and shall have the same force and effect as the original map or 33 description. 34 (b) The city council may provide for the redrawing ofany such map by ordinance to reflect 35 lawful changes in the corporate boundaries. A redrawn map shall supersede, for all purposes, 36 the earlier map or maps which it designated to replace but such earlier maps shall be retained 37 in the office of the city clerk. 38 SECTION 1.12. 39 Powers and construction. 40 (a) This city shall have all powers possible for a city to have under the present or future 41 Constitution and laws ofthis state as fully and completely as though they were specifically 42 enumerated in this charter. This city shall have all the powers of self-goverment not 43 otherwise prohibited by this charter or by general law. 44 (b) Thej powers of this city shall be construed liberally in the favor ofthe city. The specific 45 mention or failure to mention particular powers shall not be construed as limiting in any' way 46 the powers ofthis city. 47 SECTION 1.13. 48 Examples ofl Powers. 49 (a) Animal Regulations. To regulate and license or to prohibit the keeping of running 50 at-large of animals and fowl, and to provide for the impoundment of same ifin violation of 51 any ordinance or lawful order; to provide for the disposition by sale, gift, or humane 52 destruction ofanimals and fowl when not redeemed as providedl by ordinance; and toj provide 53 punishment for violation of ordinances. H. B.937 -2- 18 LC 44 0849S/AP 54 (b) Appropriations and Expenditures. To make appropriations for the support of the 55 government of the city; to authorize the expenditure of money for any purposes authorized 56 by this charter and for any purpose for which a municipality is authorized by the laws ofthe 57 State of Georgia; and to provide for the payment of expenses of the city. 58 (c) Building Regulation. To regulate and to license the erection and construction of 59 buildings and all other: structures; to adopt! tbuilding, housing, plumbing, firesafety, electrical, 60 gas, andl heating and air conditioning codes; and to regulate all housing, and building trades; 61 (d) Business Regulation and Taxation. To levy and to provide for the collection of 62 regulatory fees and taxes on privileges, occupations, trades, and professions as authorized 63 by7 Title 48 ofthe O.C.G.A., or such other appliçable laws as are or mayh hereafter be enacted; 64 to permit and regulate the same; to provide for the manner and method of payment ofs such 65 regulatory fees and taxes; and to revoke such permits after due process for failure to pay any 66 city taxes or fees. 67 (e) Condemnation. To condemn property, inside or outside the corporate limits ofthe city, 68 for present or future use and for any corporate purpose deemed necessary by the governing 69 authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other 70 applicable laws as are or may hereafter be enacted, 71 (f) Contracts. To enter into contracts and agreements with other governmental entities and 72 with private persons, firms, and corporations. 73 (g) Emergencies. To establish procedures for determining and proclaiming that an 74 emergency situation exists within or without the city, and to make and carry out all 75 reasonable provisions deemed necessary to deal with or meet such an emergency for the 76 protection, safety, health, or well-being oft the citizens of the city. 77 (h) Environmental Protection. To protect and preserve the natural resources, environment 78 and vital areas ofthe city, ther region, and the: state through the preservation and improvement 79 ofair quality, the restoration and maintenance of water resources, the control ofe erosion and 80 sedimentation, the management of storm water and establishment of a storm-water utility, 81 the management ofsolid and hazardous waste, and other necessary actions for the protection 82 ofthe environment. 83 (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, 84 enlarge, orI restrict the same; toj prescribe fires safety regulations not inconsistent with general 85 law, relating to both fire prevention and detection and to firefighting; and to prescribe 86 penalties and punishment for violations thereof. 87 () Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and 88 disposal, and other sanitary service charge, or fee for such services as may be necessary in 89 the operation oft the city from all individuals, firms, and corporations, residing in or doing H. B. 937 -3- 18 LC 44 0849S/AP 90 business therein benefiting from such services; to enforce the payment of such charges, or 91 fees; and to provide for the manner and method of collecting such service charges. 92 (k) General Health, Safety, and' Welfare. To define, regulate, andj prohibit any act, practice, 93 conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, 94 ands safety ofthei inhabitants ofthe city, andt to provide for the enforcement ofsuch standards. 95 (I) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any 96 purpose related to powers and duties oft the city and the general welfare ofits citizens, on 97 such terms and conditions as the donor or grantor may impose. 98 (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide 99 for the enforcement of such standards. 100 (n) Jail Sentences. To provide that persons givenjail sentences in the city's court may work 101 out such sentences in any public works or on the streets, roads, drains, and other public 102 property in the city, to provide for commitment of such persons to any jail, toj provide for the 103 use of pretrial diversion and any alternative sentencing allowed by law, or to provide for 104 commitment ofsuch persons to any county work camp or county jail by agreement with the 105 appropriate county officials. 106 (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over 107 all traffic, including parking upon or across the streets, roads, alleys, and walkways of the 108 city. 109 (p) Municipal Agencies and Delegation ofPower. To create, alter, or abolish departments, 110 boards, offices, commissions, and agencies ofthe city, and to confer upon such agencies the 111 necessary and appropriate authority for carrying out all the powers conferred upon or 112 delegated to the same. 113 (@) Municipal Debts. Toa appropriate and borrow: money: for the payment ofdebts ofthe city 114 and to issue bonds for the purpose of raising revenue to carry out any project, program, or 115 venture authorized by this charter or the laws oft the State of Georgia. 116 (r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or 117 otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or 118 outside the property limits of the city. 119 (s) Municipal Property Protection. To provide for the preservation and protection of 120 property and equipment ofthe city, and the administration and use ofthe same by the public; 121 and to prescribe penalties and punishment for violations thereof. 122 () Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of 123 public utilities, including but not limited to a system of waterworks, sewers and drains, 124 sewage disposal, storm water management, and any other public utility; and to fix the taxes, 125 charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the 126 withdrawal of service for refusal or failure to pay the same. H. B. 937 4- 18 LC 44 0849S/AP 127 (u) Nuisance. To define a nuisance and provide for its abatement whether on public or 128 private property. 129 (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the 130 authority of this charter and the laws of the State of Georgia. 131 (w) Planning and Zoning. To provide comprehensive city planning for development by 132 zoning; and to provide subdivision regulation and the like as the city council deems 133 necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. 134 (x) Police and Fire Protection. To exercise the power of arrest through duly appointed 135 police officers, and to establish, operate, or contract for a police and firefighting agency. 136 (y) Public Hazards; Removal. To provide for the destruction and removal of any building 137 or other structure, which is or may become dangerous or detrimental to the public. 138 (z) Public Improvements. To provide for the acquisition, construction, building, operation, 139 and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, 140 markets and market houses, public buildings, libraries, public housing, airports, hospitals, 141 terminals, docks, parking facilities, or charitable, cultural, educational, recreational, 142 conservation, sport, curative, corrective, detentional, penal, and medical institutions, 143 agencies, and facilities; and to provide any other public mprovements inside or outside the 144 corporate limits of the city; to regulate the use of public improvements; and for such 145 purposes, property may! be acquiredb by condemnation under Title 22 ofthe O.C.G.A., or such 146 other applicable laws as are or may hereafter be enacted. 147 (aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly 148 conduct, drunkenness, riots, and public disturbances. 149 (bb) Public Utilities and Services. To grant franchises or to make contracts for, or impose 150 taxes on public utilities and public service companies; and to prescribe the rates, fares, 151 regulations, and standards and conditions of service applicable to the service to bej provided 152 by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the 153 Public Service Commission. 154 (cc) Regulation and Roadside Areas. To prohibit or regulate and control the erection, 155 removal, and maintenance of signs, billboards, trees, shrubs, fences, building and any and 156 all structures or obstructions upon or adjacent to the rights-of-way of streets and roads or 157 within view thereof, within or abutting the corporate limits of the city; and to prescribe 158 penalties and punishment for violation of such ordinances. 159 (dd) Retirement. To provide and maintain a retirement plan and other employee benefit 160 plans and programs for officers and employees of the city. 161 (ee) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, 162 abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, 163 maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within H. B. 937 -5- 18 LC 44 0849S/AP 164 the corporate limits of the city; and to grant franchises and rights-of-way throughout the 165 streets and roads, and over the bridges and viaducts for the use of public utilities; and to 166 require real estate owners to repair and maintain in a safe condition the sidewalks adjoining 167 their lots or lands, and to impose penalties for failure to do sO. 168 (ff) Sewer Fees. To levy a sewer fee or charge as necessary to assure the acquiring, 169 constructing, equipping, operating, maintaining, and extending ofa sewage disposal plant 170 and sewerage system, and to levy on those to whom sewers and sewerage systems are made 171 available a sewer service fee or charge for the availability or use of the sewers; to provide 172 for the manner and method of collecting such service charges and for enforcing payment of 173 the same; and to charge, impose, and collect a sewer connection fee or fees to those 174 connected with the system. 175 (gg) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, 176 and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by 177 others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, 178 and other recyclable materials, and to provide for the sale ofs such items. 179 (hh) Special Areas of Public Regulation. To regulate or prohibit junk dealers, the 180 manufacture and sale ofi intoxicating liquors; to regulate the transportation, storage, and use 181 of combustible, explosive, and inflammable materials, the use of lighting and heating 182 equipment, and any other business or situation which may be dangerous to persons or 183 property; to regulate and control the conduct of peddlers and itinerant traders, theatrical 184 performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and 185 tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult 186 bookstores to certain areas. 187 (ii) Special Assessments. To levy and provide for the collection ofs special assessments to 188 cover the costs of any public improvements. 189 Gj) Ad Valorem Taxation. To levy and provide for the assessment, valuation, revaluation, 190 and collection of taxes on all property subject to taxation. 191 (kk) Other Taxation. To levy and collect such other taxes as may be allowed now or in the 192 future by law. 193 (II) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the 194 number of such vehicles; to require the operators thereof to be licensed; to require public 195 liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to 196 regulate the parking of such vehicles. 197 (mm) Urban Redevelopment. To organize and operate an urban redevelopment program. 198 (nn) Other Powers. To exercise and enjoya all other powers, functions, rights, privileges, and 199 immunities necessary or desirable to promote or protect the safety, health, peace, security, 200 good order, comfort, convenience, or general welfare of the city and its inhabitants; and to H. B. 937 - 6- 18 LC 44 0849S/AP 201 exercise all implied powers necessary or desirable to carry into execution all powers granted 202 in this charter as fully and completely as if such powers were fully stated herein; and to 203 exercise all powers now or in the future authorized to be exercised by other municipal 204 governments under other laws ofthe State ofGeorgia; and no listing of particular powers in 205 this charter shall be held to be exclusive of others, nor restrictive of general words and 206 phrases granting powers, but shall be held to be in addition to such powers unless expressly 207 prohibited to municipalities under the Constitution ora applicable laws ofthe StateofGeorgia. 208 SECTION 1.14. 209 Exercise of powers. 210 All powers, functions, right, privileges, and immunities ofthe city, its officers, agencies, or 211 employees shall be carried into execution as provided by this charter. Ifthis charter makes 212 no provision, such shall be carried into execution as provided by ordinance or as provided 213 by pertinent laws oft the State of Georgia. 214 ARTICLE II 215 GOVERNMENT STRUCTURE 216 SECTION 2.10. 217 City council creation; number; election. 218 The legislative authority of the government of this city, except as otherwise specifically 219 provided in this charter, shall be vested in a city council to be composed of a mayor and six 220 councilmembers. The mayor and councilmembers shall all be elected at-large, with each 221 councilmember filling a designated post. The city council established shall in all respects 222 be a successor to and continuation oft the governing authority under prior law. The mayor 223 and councilmembers shall be elected in the manner provided by general law and this charter. 224 SECTION 2.11. 225 City council terms and qualifications for office. 226 The mayor and members ofthe city council shall serve for terms off four years and until their 227 respective successors are elected and qualified. No mayor or councilmember elected and 228 qualified for two full consecutive terms shall be eligible for the succeeding term, regardless 229 of post designation. No person shall be eligible to serve as mayor or member ofthe council 230 unless that person shall have been a resident of the city for 12 months prior to the date of 231 election ofmayor or members ofthe city council; each shall continue to reside therein during H. B. 937 - 7- 18 LC 44 0849S/AP 232 that member's period of service and to be registered and qualified to vote in municipal 233 elections oft this city. 234 SECTION 2.12. 235 Vacancy; filling of vacancies. 236 (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, 237 resignation, forfeiture of office, or occurrence ofany event specified by the Constitution of 238 the State of Georgia, Title 45 ofthe O.C.G.A., or such other applicable laws as are or may 239 hereafter be enacted. 240 (b) Filling ofVacancies A vaçancyi in the office of mayor or councilmember shall be filled 241 for the remainder ofthe unexpired term, ifany, by appointment by the city council or those 242 members remaining ifless than 12 months remains in the unexpired term. If: such vacancy 243 occurs 12 months or more prior to the expiration of the term of that office, it shall be filled 244 for the remainder ofthe unexpired term by a special election, as provided fori in Section 5.14 245 ofthis charter and in accordance with Titles 21 and 45 ofthe O.C.G.A., or such other laws 246 as are or may hereafter be enacted. 247 (c) This provision shall also apply to a temporary vacancy created by the suspension from 248 office of the mayor or any councilmember. 249 SECTION 2.13. 250 Compensation and expenses. 251 The mayor and council shall receive such salary, compensation, and reimbursement of 252 expenses as provided by future ordinance. The salary for the mayor hereunder shall be 253 $200.00 per month, and the salary for each councilmember shall be $100.00 per month. 254 SECTION 2.14. 255 Holding other offices; voting when financially interested. 256 (a) Elected and appointed officers of the city are trustees and servants ofthe residents ofthe 257 city and shall act in a fiduciary capacity for the benefit of such residents. 258 (b) Except as authorized by law, the mayor or any councilmember shall not hold any other 259 city office or city employment during the term for which that person was elected. 260 (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any 261 ordinance, resolution, contract, or other matter in which that person is financiallyi interested. H. B.937 8- 18 LC 44 0849S/AP 262 SECTION 2.15. 263 Inquiries and investigations. 264 Following the adoption ofan: authorizing resolution, the city council may make inquiries and 265 investigations into the affairs ofthe city and the conduct ofany department, office, or agency 266 thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and 267 require the production of evidence. Any person who fails or refuses to obey a lawful order 268 issued in the exercise ofthese powers by the city council shall be punished as provided by 269 ordinance. 270 SECTION 2.16. 271 General power and authority of the city council. 272 (a) Except as otherwise provided by law or this charter, the city council shall be vested with 273 all the powers of govemnment of this city. 274 (b) In addition to all other powers conferred upon it by the law, the council shall have the 275 authority to adopt and provide for the execution ofs such ordinances, resolutions, rules, and 276 regulations, not inconsistent with this charter and the Constitution and the laws ofthe State 277 of Georgia, which it shall deem: necessary, expedient, or helpful for the peace, good order, 278 protection oflife and property, health, welfare, sanitation, comfort, convenience, prosperity, 279 or well-being ofthe inhabitants ofthe City ofReynolds and may enforce such ordinances by 280 imposing penalties for violation thereof. 281 SECTION 2.17. 282 Eminent domain. 283 The city council is hereby empowered to acquire, construct, operate, and maintain public 284 ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, 285 sewers, drains, waterworks, electrical systems, airports, and charitable, educational, 286 recreational, sport, curative, corrective, detentional, penal, andmedicali institutions, agencies, 287 and facilities, and any other public improvements inside or outside the city, and to regulate 288 the use thereof, and for such purposes, property may be condemned under procedures 289 established under general law applicable now or as provided in the future. - H. B. 937 -9- 18 LC 44 0849S/AP 290 SECTION 2.18. 291 Organizational meetings. 292 The city council shall hold an organizational meeting on the second Monday in. January. The 293 meeting shall be called to order by the mayor, or mayor-elect, and the oath ofoffice shall be 294 administered to the newly elected members by a judicial officer authorized to administer 295 oaths and shall, to the extent that it comports with federal and state law, be as follows: 296 "I do solemnly (swear)(affirm) that I will faithfully perform the duties of 297 mayo)coumeimemben, ofthis city and that I will support and defend the charter thereof 298 as well as the Constitution and laws of the State of Georgia and of the United States of 299 America. I am not the holder of any unaccounted for public money due this state or any 300 political subdivision or authority thereof. Iam not the holder ofany office oftrust under the 301 government ofthe United States, any other state, or any: foreign state which I by the laws of 302 the State ofGeorgia amj prohibited from holding. Iam otherwise qualified to hold said office 303 according to the Constitution and laws of Georgia. I have been a resident of the City of 304 Reynolds for thet time required by the Constitution and laws ofthis state and byt the municipal 305 charter, Iwill perform the duties of my office in the best interest ofthe City ofl Reynolds to 306 the best of my ability without fear, favor, affection, reward, or expectation thereof." 307 SECTION 2.19. 308 Regular and special meetings. 309 (a) The city council shall hold regular meetings at such times and places as shall be 310 prescribed by ordinance. 311 (b) Special meetings of the city council may be held on call of the mayor or any four 312 members of the council. Notice of such special meetings shall be served on all other 313 members personally, orby telephone personally, at4 48 hours in advance ofthe meeting. Such 314 notice to councilmembers shall not be required if the mayor and all councilmembers are 315 present when the special meeting is called. Such notice of any special meeting may be 316 waived by a councilmember in writing before or after such a meeting, and attendance at the 317 meeting shall also constitute a waiver of notice on any business transacted in such 318 councilmember's presence. Only the business stated in the call may be transacted at the 319 special meeting. 320 (c) All meetings ofthe city council shall be public to the extent required by law and notice 321 to the public ofs special meetings shall be: made fully as is reasonably possible as provided by 322 Code Section 50-14-1 ofthe O.C.G.A., or such other applicable laws as are or may hereafter 323 be enacted. H. B.937 10- 18 LC 44 0849S/AP 324 SECTION 2.20. 325 Rules of procedure. 326 (a) The city council shall adopt its rules or procedure and order ofbusiness consistent with 327 the provisions ofthis charter and shall provide for keeping ajournal ofits proceedings, which 328 shall be a public record. 329 (b) All committees and committee chairs ofthe city council shall be appointed by the mayor 330 and shall serve at the pleasure oft the mayor. The mayor shall have the power to appoint new 331 members to any committee at any time. 332 SECTION 2.21. 333 Quorum; voting. 334 (a) The mayor, or mayor pro tem, and any additional two councilmembers shall constitute 335 a quorum and shall be authorized to transact business of the city council. Voting on the 336 adoption of ordinances, resolutions, and motions shall be by voice vote and the vote shall be 337 recorded in the journal, but any member of the city council shall have the right to request a 338 roll call vote and such vote shall be recorded in the journal. Except as otherwise provided 339 in this charter, the affirmative vote of a majority of a quorum shall be required for the 340 adoption ofany ordinance, resolution, or motion. The mayor shall count as a councilmember 341 for the purposes of meeting the requirement of a quorum; provided, however, that 342 notwithstanding anything to1 the contrary contained herein, the mayor shall not have the right 343 to make motions. 344 (b) Noi member ofthe city council shall abstain from voting on any matter properlyb brought 345 before the city council for official action except when such councilmember has a conflict of 346 interest that is disclosed in writing prior to or at the meeting and made a part oft the minutes. 347 Any member of the city council present and eligible to vote on a matter and refusing to do 348 so for any reason other than a properly disclosed and recorded conflict ofi interest shall be 349 deemed to have acquiesced or conçurred with the members oft the majority who did vote on 350 the question involved. 351 SECTION 2.22. 352 Ordinance form; procedures. 353 (a) Every proposed ordinance shall be introduced in writing and in the form required for 354 final adoption. No ordinance shall contain a subject which is not expressed in its title. The H.B.937 - 11- 18 LC 44 0849S/AP 355 enacting clause shall be "It is hereby ordained by the governing authority of the City of 356 Reynolds" and every ordinance shall SO begin. 357 (b) An ordinance may be introduced by any councilmember and be read at a regular or 358 special meeting of the city council. Ordinances shall be considered and adopted or rejected 359 by the city council in accordance with the rules which it shall establish; provided, however, 360 that an ordinance shall not be adopted the same dayi it is introduced, except for emergency 361 ordinances provided in Section 2.24 ofthis charter. Upon introduction ofany ordinance, the 362 clerk: shall as soon as possible distribute a copy to the mayor and to each councilmember and 363 shall file a reasonable number of copies in the office of the clerk and at such other public 364 places as the city council may designate. 365 SECTION 2.23. 366 Action requiring an ordinance. 367 Acts ofthe city council which have the force ande effect oflaw: shall be enacted by ordinance. 368 SECTION 2.24. 369 Emergencies. 370 (a) To meet a public emergency affecting life, health, property, or public peace, the city 371 council may convene on call of the mayor or four councilmembers and promptly adopt an 372 emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a 373 franchise; regulate the rate charged by any public utility for its services; or authorize the 374 borrowing of money except for loans to be repaid within 30 days. An emergency ordinance 375 shall be introduced in the form prescribed for ordinances generally, except that it shall be 376 plainly designated as an emergency ordinance and shall contain, after the enacting clause, 377 a declaration stating that an emergency exists, and describing the emergency in clear and 378 specific terms. An emergency ordinance may be adopted, with or without amendment, or 379 rejected at the meeting at which it is introduced, but the affirmative vote of at least four 380 councilmembers shall be required for adoption. It shall become effective upon adoption or 381 at such later time as it may specify. Every emergency ordinance shall automatically stand 382 repealed 30 days following the date upon which it was adopted, but this shall not prevent 383 reenactment of the ordinance in the manner specified in this section if the emergency still 384 exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance 385 in the same manner: specified in this section for adoption of emergency ordinances. The 386 mayor shall count as a councilmember for the purposes of meeting the requirement of a H.I B. 937 12- 18 LC 44 0849S/AP 387 quorum;however,notwithstanding anything to the contrary contained. herein, the mayor shall 388 not have the right to make a motion from the floor. 389 (b) Such meetings shall be open to the public to the extent required byl law and notice to the 390 public ofemergency meetings shall be made as fully as is reasonablyl possible in accordance 391 with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may 392 hereafter be enacted. 393 SECTION 2.25. 394 Codes of technical regulations. 395 (a) The city council may adopt any standard code of technical regulations by reference 396 thereto in an adopting ordinance. The procedure and requirements goveming such adopting 397 ordinance shall be as prescribed for ordinances general except that: 398 (1) Thei requirements ofsubsection (b) ofs Section 2.22 ofthis charter for distribution and 399 filing of copies of the ordinance shall be construed to include copies of any code of 400 technical regulations, as well as the adopting ordinance; and 401 (2) A copy of each adopted code of technical regulations, as well as the adopting 402 ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of 403 this charter. 404 (b) Copies ofany adopted code oftechnical regulations shall be made available byt the clerk 405 for inspection by the public. 406 SECTION 2.26. 407 Signing; authenticating; recording; codification; printing. 408 (a) The clerk shall authenticate by the clerk's signature and record in full in a properly 409 indexed book kept for that purpose, all ordinances adopted by the council. 410 (b) The city council shall provide for the preparation of a general codification of all the 411 ordinances ofthe city having the force and effect of law. The general codification shall be 412 adopted by the city council by ordinançe and shall be published promptly, together with all 413 amendments thereto and such codes of technical regulations and other rules and regulations 414 as the city council mays specify. This compilation shall be known and cited officially as "The 415 Code ofthe City ofReynolds, Georgia." Copies ofthe code shall be furnished to all officers, 416 departments, and agencies of the city, and made available for purchase by the public at a 417 reasonable price as fixed by the city council. 418 (c) The city council shall cause each ordinançe and each amendment to this charter to be 419 printed promptly following its adoption, and the printed ordinances and charter amendments H. B.937 13- 18 LC 44 0849S/AP 420 shall be made available for purchase by the public ati reasonable prices to be fixed by the city 421 council. Following publication ofthe first code under this charter and at all times thereafter, 422 the ordinances and charter amendments shall be printed in substantiallythes same style as the 423 code currently in effect and shall be suitable in form for incorporation therein. The city 424 council shall make such further arrangements as deemed desirable with reproduction and 425 distribution ofany current changes in or additions to codes oftechnical regulations and other 426 rules and regulations included in the code. 427 SECTION 2.27. 428 Election of mayor; forfeiture; compensation. 429 The mayor shall be elected and serve for a term offour years and until a successor: is elected 430 and qualified. The mayor shall be a qualified elector of this city and shall have been a 431 resident ofthis city for 12 months preceding the election. The mayor: shall continue to reside 432 in this city during the period of service. The mayor shall forfeit the office on the same 433 grounds and under the same procedure as for councilmembers. The compensation of the 434 mayor shall be established in the same manner as for councilmembers. 435 SECTION 2.28. 436 Mayor pro tem. 437 By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. 438 The mayor pro tem shall assume the duties and powers of the mayor during the mayor's 439 physical or mental disability, suspension from office, or absence. Any such disability or 440 absence shall be declared by a majority vote of the city council. The mayor pro tem shall 441 sign all contracts and ordinances in which the mayor has a disqualifying financial interest as 442 provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall 443 continue to have only one vote as a member ofthe council. Ifa vacancy occurs in the office 444 of mayor, the mayor pro tem shall serve as mayor for the remainder of the unexpired term. 445 SECTION 2.29. 446 Powers and duties of mayor, 447 As the chief executive oft this city, the mayor shall: 448 (1) Preside at all meetings of the city council; 449 (2) Be the head of the city for the purpose of service of process and for ceremonial 450 purposes, and be the official spokesperson for the city and the chief advocate of policy; H. B.937 14- 18 LC 44 0849S/AP 451 (3) Have the power to administer oaths and to take affidavits; 452 (4) Sign as a matter of course on behalf of the city all written and approved contracts, 453 ordinances, and other instruments executed by the city which by law are required to be 454 in writing; 455 (5) Vote on: matters before the city council and be counted toward a quorum as any other 456 councilmember; 457 (6) Fulfill such other executive and administrative duties as the city council shall by 458 ordinance establish; 459 (7) Recommend to the city council such measures relative to the affairs of the city, 460 improvement of the government, and promotion of the welfare of its inhabitants as the 461 mayor may deem expedient; and 462 (8) Call special meetings of the city council as provided for in Section 2.19(b) of this 463 charter. 464 ARTICLE III 465 ADMINISTRATIVE AFFAIRS 466 SECTION 3.10. 467 Administrative and service departments. 468 (a) Except as otherwise provided in this charter, the city council, by ordinance, shall 469 prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all 470 non-elective offices, positions of employment, departments, and agencies of the city, as 471 necessary for the proper administration oft the affairs and government of this city. 472 (b) Except as otherwise provided by this charter or by law, the directors of departments and 473 other appointed officers of the city shall be appointed solely on the basis of their respective 474 administrative and professional qualifications. 475 (c) All appointed officers and directors of departments shall reçeive such compensation as 476 prescribed by ordinance or resolution. 477 (d) There shall be a director ofeach department or agency who shall be its principal officer. 478 Each director shall, subject to the direction and supervision of the mayor and city council, 479 be responsible for the administration and direction of the affairs and operations of that 480 director's department or agency. 481 (e) All appointed officers and directors under the supervision ofthe mayor and city council 482 shall be nominated and confirmed by the mayor and city council. All appointed officers and 483 directors shall be employees at-will and subject to removal or suspension at any time by the 484 mayor and city council unless otherwise provided by law or ordinançe. H. B.937 15- 18 LC 44 0849S/AP 485 SECTION 3.11. 486 Boards, commissions and authorities. 487 (a) The city council shall create by ordinance such boards, commissions, and authorities to 488 fulfill anyi investigative, quasi-judicial, or quasi-legislative function the city council deems 489 necessary, and shall by ordinance establish the composition, period ofe existence, duties, and 490 powers thereof. 491 (b) All members of boards, commissions, and authorities ofthe city shall be appointed by 492 the city council for such terms of office and in such manner as shall be provided by 493 ordinance, except where other appointing authority, terms of office, or manner of 494 appointment is prescribed by this charter or by law. 495 (c) The city council, by ordinance, may provide for the compensation and reimbursement 496 for actual and necessary expenses oft the members of any board, commission, or authority. 497 (d) Except as otherwise provided by charter or by law, no member of any board, 498 commission, or authority shall hold an elective office in the city. 499 (e) Any vacancy on a board, commission, or authority of the city shall be filled for the 500 unexpired term in ther manner prescribed herein for original appointment, except as otherwise 501 provided by this charter or by law. 502 (f) Noi member ofal board, commission, or authority shall assume office until that person. has 503 executed and filed with the clerk ofthe city an oath obligating himself or herselfto faithfully 504 and impartially perform the duties of that member's office, such oath to be prescribed by 505 ordinance and administered by the mayor. 506 (g) All board members serve at-will and may be removed at any time by a vote of four 507 members ofthe city council, or of three members oft the city council and the mayor, unless 508 otherwise provided by law. 509 (h) Except as otherwise provided by this charter or by law, each board, commission, or 510 authority oft the city shall elect one of its members as chair and one member as vice-chair, 511 and may elect as its secretary one of its own members or may appoint as secretary an 512 employee of the city. Each board, commission, or authority of the city government may 513 establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances 514 of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or 515 the conduct of its affairs. Copies ofs such bylaws, rules, and regulations shall be filed with 516 the clerk ofthe city. H.B B.937 16- 18 LC 44 0849S/AP 517 SECTION 3.12. 518 City attorney. 519 The city council and mayor shall appoint a city attorey, together with such assistant city 520 attorneys as may be authorized, and shall provide for the payment of such attorney or 521 attorneys for services rendered to the city. The city attorney shall be responsible for 522 providing for the representation and defense of the city in all litigation in which the city is 523 aj party; may be the prosecuting officer in the municipal court; shall attend the meetings of 524 thec council as directed; shall advise the city council, mayor, and other officers and employees 525 oft the city concerning legal aspects of the city's affairs; and shall perform such other duties 526 as may be required by virtue ofthe person's position as city attorney. The city attorney is not 527 aj public official ofthe city and does not take an oath of office. The city attorney shall at all 528 times be an independent contractor. A law firm, rather than an individual, may be designated 529 as the city attorney. 530 SECTION 3.13. 531 City clerk. 532 The city council and mayor shall appoint a city clerk who shall not be a councilmember. The 533 city clerk shall be custodian oft the official city seal and city records; maintain city council 534 records required by this charter; and perform such other duties as may be requiredl by the city 535 council. 536 SECTION 3.14. 537 Position classification and pay plans. 538 The mayor and city council shall be responsible for the preparation of a position 539 classification and pay plan which shall be submitted to the city council for approval. Such 540 plan may apply to all employees of the city and any of its agencies, departments, boards, 541 commissions, or authorities. When a pay plan has been adopted, the city council shall not 542 increase or decrease the: salary rangeapplicablet to any position except by amendment ofsuch 543 pay plan. Forj purposes of this section, all elected and appointed city officials are not city 544 employees. Notwithstanding the foregoing, the city clerk shall hold the dual status of 545 appointee and city employee. H. B.937 17- 18 LC 44 0849S/AP 546 SECTION. 3.15. 547 Personnel policies. 548 All employees serve at-will and may be removed from office at any time unless otherwise 549 provided by ordinance. 550 ARTICLE IV 551 JUDICIAL BRANCH; MUNICIPAL COURT 552 SECTION 4.10. 553 Creation; name. 554 There shall be a court to be known as the municipal court of the City of Reynolds. 555 SECTION 4.11. 556 Chiefjudge; associate judge. 557 (a) The municipal court shall be presided over by a chiefjudge ands such part-time, full-time, 558 or stand-by. judges as shall be provided by ordinance. 559 (b) Noj person shall be qualified or eligible to serve as a judge on the municipal court unless 560 that person shall possess all qualifications required by law. Alljudges shall be appointed by 561 the city council and shall serve until a successor is appointed and qualified. 562 (c) Compensation of the judges shall be fixed by ordinance. 563 (d) Judges may be removed in açcordance with Code Section 36-32-2.1 ofthe O.C.G.A. 564 (e) Before assuming office, eachj judge shall take an oath, given by the mayor, that the judge 565 will honestly and faithfully discharge the duties of the office to the best of that person's 566 ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of 567 the city council journal required in Section 2.20 of this charter. 568 SECTION 4.12. 569 Convening. 570 The municipal court shall be convened at regular intervals as provided by ordinance. H. B. 937 18- 18 LC 44 0849S/AP 571 SECTION 4.13. 572 Jurisdiction; powers. 573 (a) The municipal court shall have jurisdiction and authority to try andj punish violations of 574 this charter, all city ordinances, and such other violations as provided by law. 575 (b) The municipal court shall have authority to punish those in its presence for contempt, 576 provided that such punishment shall not exceed $200.00 or ten days in jail. 577 (c) The municipal court may fix punishment for offenses within its jurisdiction not 578 exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and 579 imprisonment ori may fixj punishment! by fine, imprisonment, or altemativesentencing asi now 580 or hereafter provided by law. 581 (d) The municipal court shall have authority to establish a schedule ofi fees to defray the cost 582 ofoperation, ands shall be entitled to reimbursement of the cost of meals, transportation, and 583 caretaking of prisoners bound over to superior courts for violations of state law. 584 (e) The municipal court shall have authority to establish bail and recognizances to ensure 585 the presence oft those charged with violations before said court, and shall have discretionary 586 authority to acçept cash or personal or real property as surety for the appearance of persons 587 charged with violations. Whenever any person shall give bail for that person's appearance 588 and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge 589 presiding at such time, and an execution issued thereon by serving the defendant and the 590 defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the 591 event that cash or property is accepted in lieu of bond for security for the appearance of a 592 defendant at trial, and if such defendant fails to appear at the time and plaçe fixed for trial, 593 the cash sO deposited shall be on order of the judge declared forfeited to the city, or the 594 property sO deposited shall have a lien against it for the value forfeited which lien shall be 595 enforceable in the same manner and to the same extent as a lien for city property taxes. 596 (f) The municipal court shall have the same authority as superior courts to compel the 597 production of evidence in the possession of any party; to enforce obedience to its orders, 598 judgments, and sentences; and to administer such oaths as are necessary. 599 (g) The municipal court may compel the presence of all parties necessary to a proper 600 disposal ofeach case by the issuance ofsummonses, subpoenas, and warrants which may be 601 served as executed by any officer as authorized by this charter or by law. 602 (h) Each judge oft the municipal court shall be authorized to issue warrants for the arrest of 603 persons charged with offenses against any ordinance of the city, and each judge of the 604 municipal court shall have the same authority as a magistrate of the state to issue warrants 605 for offenses against state laws committed within the city. H. B. 937 19- 18 LC 44 0849S/AP 606 SECTION 4.14. 607 Certiorari. 608 The right of certiorari from the decision and judgment oft the municipal court shall exist in 609 all criminal cases and ordinance violation cases, and such certiorari shall be obtained under 610 the sanction of a judge of the Superior Court ofTaylor County under the laws ofthe State 611 of Georgia regulating the granting and issuance of writs of certiorari. 612 SECTION 4.15. 613 Rules for court. 614 With the approval ofthe city council, the judge shall have full power and authority to make 615 reasonable rules and regulations necessary and proper to secure the efficient and successful 616 administration ofthe municipal court; provided, however, that the city council may adopt in 617 part or in toto the rules and regulations applicable to municipal courts. The rules and 618 regulations made or adopted shall be filed with the city clerk, shall be available for public 619 inspection, and, upon request, a copy: shall be furnished to all defendants in municipal court 620 proceedings at least 48 hours prior to said proceedings. 621 ARTICLE V 622 ELECTIONS AND REMOVAL 623 SECTION 5.10. 624 Applicability of general law. 625 All primaries and elections shall be held and conducted in accordance with the Georgia 626 Election Code, Title 21, Chapter 2 oft the O.C.G.A. as now or hereafter amended. 627 SECTION 5.11. 628 Election of the city council and mayor. 629 (a) There shall be a municipal general election biennially in the odd-numbered years on the 630 Tuesday next following the first Monday in November. 631 (b) Each council position shall be designated as a post for the purposes of conducting 632 elections. There shall be elected the mayor and two council posts (Post III and Post IV) at 633 one election and at every other regular election thereafter. The current terms for the mayor 634 and council Posts III and IV will expire on December 31, 2019. Council Posts I, II, V, and 635 VI shall be filled at the election alternating with the first election sO that a continuing body H. B.937 -20- 18 LC 44 0849S/AP 636 is created. The current terms for council Posts I, II, V, and VI will expire on December 31, 637 2021. Terms shall be for four years. 638 SECTION 5.12. 639 Nonpartisan elections. 640 Political parties shall not conduct primaries for city offices and all names of candidates for 641 city offices shall be listed without party designations. 642 SECTION 5.13. 643 Election by plurality. 644 The person receiving a plurality ofthe votes cast for any city office shall be elected. 645 SECTION 5.14. 646 Special elections; vacancies. 647 In the event that the office of mayor or councilmember shall become vacant as provided in 648 Section 2.12 ofthis charter, the city council or those remaining shall order a special election 649 to fill the balance of the unexpired term of such official; provided, however, that if such 650 vacancy occurs within 12 months ofthe expiration ofthe term oft that office, the city council 651 or those remaining shall appoint a successor for the remainder of the term. In all other 652 respects, the special election shall be held and conducted in accordance with the Georgia 653 Election Code, Chapter 2 of' Title 21 oft the O.C.G.A., as now or hereafter amended. 654 SECTION 5.15. 655 Other provisions. 656 Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe 657 such rules and regulations it deems appropriate to fulfill any options and duties under the 658 Georgia Election Code, Title 21, Chapter 2 of the O.C.G.A. as now or hereafter amended. H.B.937 -21- 18 LC 44 0849S/AP 659 SECTION 5.16. 660 Removal of officers. 661 (a) Ther mayor, councilmembers, or other appointed officers provided fori in this charter shall 662 be removed from office for any one or more of the causes provided in Title 45 of the 663 O.C.G.A., or such other applicable laws as are or may hereafter be enacted, 664 (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished 665 by one ofthe following methods: 666 (I) Following a hearing at which an impartial panel shall render a decision. In the event 667 an elected officer is sought to be removed by the action of the city council, such officer 668 shall be entitled to a written notice specifying the, ground or grounds for removal and to 669 a public hearing which shall be held not less than ten days after the service of such 670 written notice. The city council shall provide by ordinance for the manner in which such 671 hearings shall be held. Any elected officer sought to be removed from office as herein 672 provided shall have the right of appeal from the decision of the city council to the 673 Superior Court of Taylor County. Such appeal shall be governed by the same rules as 674 govern appeals to the superior court from the probate court; or 675 (2) By an order of the Superior Court of Taylor County following a hearing on a 676 complaint seeking such removal brought by any resident of the City of Reynolds. 677 ARTICLE VI 678 FINANCE 679 SECTION 6.10. 680 Property tax. 681 The city counçil may assess, levy, and collect an ad valorem tax on all real and personal 682 property within the corporate limits ofthe city that is subject to such taxation byt the state and 683 county. This tax is for the purpose of raising revenues to defray the costs of operating the 684 city government, of providing governmental services, for the repayment of principal and 685 interest on general obligations, and for any other public purpose as determined by the city 686 council in its discretion. 687 SECTION 6.11. 688 Millage rate; due dates; payment methods. 689 The city council, by resolution, shall establish a millage rate for the city property tax, a due 690 date, and the time period within which these taxes must be paid. The city council, by said H. B.937 22- 18 LC 44 0849S/AP 691 resolution, may also provide for the payment of these taxes by two installments or in one 692 lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. 693 SECTION 6.12. 694 Occupation and business taxes. 695 Thecity council by ordinanceshall have the power tol levy such corporation or business taxes 696 as are not denied by law. The city council may classify businesses, occupations, or 697 professions for the purpose of such taxation in any way which may be lawful and may 698 compel the payment of such taxes as provided in Section 6.18 of this charter. 699 SECTION 6.13. 700 Regulatory fees; permits. 701 The city council by ordinance shall have the power to require businesses or practitioners 702 doing business within this city to obtain a permit for such activity from the city and pay a 703 reasonable regulatory fee: for such permit as provided' by general law. Such fees shall reflect 704 the total cost to the city of regulating the activity, and if unpaid, shall be collected as 705 provided in Section 6.18 of this charter. 706 SECTION 6.14. 707 Franchises. 708 (a) The city council shall have the power to grant franchises for the use ofthis city's streets 709 and alleys for the purposes of railroads, street railways, telephone companies, electric 710 companies, electric membership corporations, cablet television and othert telecommunications 711 companies, gas companies, transportation companies, and other similar organizations. The 712 city council shall determine the duration, terms, whether the same shall be exclusive or 713 nonexclusive, and the consideration for such franchises:provided, however, that no: franchise 714 shall be granted for a period in excess of35 years and no franchise shall be granted unless 715 the city receives just and adequate compensation therefor. The city council shall provide for 716 the registration ofa all franchises with the city clerk in a registration book kept by the clerk. 717 The city council may provide by ordinançe for the registration within a reasonable time of 718 all franchises previously granted. 719 (b) Ifno franchise agreement is in effect, the city council shall have the authority to impose 720 a tax on gross receipts for the use ofthis city's streets and alleys for the purposes ofrailroads, 721 street railways, telephone companies, electric companies, electric memberhpcorporations, H. B. 937 -23- 18 LC 44 0849S/AP 722 cable television and other elecommunications companies, gas companies, transportation 723 companies, and other similar organizations. 724 SECTION 6.15. 725 Service charges. 726 The city council by ordinance shall have the power to assess and collect fees, charges, 727 assessments, andt tolls for sewers, sanitary and health: services, or any other services provided 728 or made available within and without the corporate limits ofthe city. Ifunpaid, such charges 729 shall be collected as provided in Section 6.18 of this charter. 730 SECTION 6.16. 731 Special assessments. 732 The city council by ordinance shall have the power to assess and collect the cost of 733 constructing, reconstructing, widening, or improving any public way, street, sidewalk, 734 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property 735 owners. Ifunpaid, such charges shall be collected as provided in Section 6.18 ofthis charter. 736 SECTION 6.17. 737 Construction; other taxes and fees. 738 This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, 739 andi the specific mention of any right, power, or authority in this article shall not be construed 740 as limiting in any way the general powers of this city to govern its local affairs. 741 SECTION 6.18. 742 Collection of delinquent taxes and fees. 743 The city council, by ordinance, may provide generally for the collection of delinquent taxes, 744 fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by 745 whatever reasonable means as are: not precluded by law. This shall include providing for the 746 dates when the taxes or fees are due; late penalties or interest; issuance and execution of 747 fi.fas.; creation and priority ofliens; making delinquent taxes and fees personal debts ofthe 748 persons required toj pay the taxes or fees imposed; revoking city permits for: failure toj pay any 749 city taxes or fees; and providing for the assignment or transfer of tax executions. H. B.937 24- 18 LC 44 0849S/AP 750 SECTION 6.19. 751 General obligation bonds. 752 The city council shall have the power to issue bonds for the purpose of raising revenue to 753 carry out any project, program, or venture authorized under this charter or the laws of the 754 state. Such bonding authority shall be exercised in accordance with the laws governing bond 755 issuance by municipalities in effect at the time said issue is undertaken. 756 SECTION 6.20. 757 Revenue bonds. 758 Revenue bonds may be issued by the city council as state law now or hereafter provides. 759 Such bonds are to be paid out of any revenue produced by the project, program, or venture 760 for which they were issued. 761 SECTION 6.21. 762 Short-term loans. 763 The city may obtain short-term loans and must repay such loans not later than December 31 764 of each year, unless otherwise provided by law. 765 SECTION 6.22. 766 Lease-purchase contracts. 767 The city may enter into multi-year lease, purchase or lease-purchase contraçts for the 768 acquisition of goods, materials, real and personal property, services, and supplies provided 769 the contract terminates without further obligation on the part ofthe municipality at the close 770 of the calendar year in which it was executed and at the close of each succeeding calendar 771 year for which it may be renewed. Contracts must be executed in accordance with the 772 requirements ofCode Section 36-60-13 ofthe O.C.G.A., or such other applicable laws as are 773 or1 may hereafter be enacted, 774 SECTION 6.23. 775 Fiscal year. 776 The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the 777 budget year and the year for financial accounting and reporting of each and every office, H. B. 937 -25 18 LC 44 0849S/AP 778 department, agency, and activity of the city government unless otherwise provided by state 779 or federal law. 780 SECTION 6.24. 781 Preparation ofbudgets. 782 The city council shall provide an ordinance on the procedures and requirements for the 783 preparation and execution of an annual operating budget, a capital improvement plan, and 784 a capital budget, including requirements as to the scope, content, and form of such budgets 785 and plans. 786 SECTION 6.25. 787 Submission of operating budget to city council. 788 On or before a date fixed by the city council but not later than 30 days prior to the beginning 789 of each fiscal year, the clerk in direct coordination with the mayor and city council shall 790 submit to the city council a proposed operating budget for the ensuing fiscal year. The 791 budget shall be accompanied by a message from the city clerk containing a statement oft the 792 general fiscal policies ofthe city, thei important features ofthe budget, explanations ofmajor 793 changes recommended for the next fiscal year, a general summary of the budget, and such 794 other pertinent comments and information. The operating budget and the capital budget 795 hereinafter provided for, the budget message, and all supporting documents shall be filed in 796 the office of the city clerk and shall be open to public inspection. 797 SECTION 6.26. 798 Action by city council on budget. 799 (a) The city council may amend the operating budget proposed by the city clerk; except that 800 the budget as finally amended and adopted must provide for all expenditures required by 801 state law or by other provisions oft this charter and for all debt service requirements for the 802 ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated 803 fund balance, reserves, and revenues. 804 (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal 805 year not later than the 30th day prior to the beginning of each fiscal year. Ifthe city council 806 fails to adopt the budget by this date, the amounts appropriated for operation for the current 807 fiscal year shall be deemed adopted by the ensuing fiscal year on a month-to-month basis, 808 with all items prorated accordingly until such time as the city council adopts al budget fori the H. B.937 26 18 LC 44 0849S/AP 809 ensuing fiscal year. Adoption of the budget shall take the form of an appropriations 810 ordinance setting out the estimated revenues in detail by sources and making appropriations 811 according to fund and by organizational unit, purpose, or activity as set out in the budget 812 preparation ordinance adopted pursuant to Section 6.24 ofthis charter. 813 (c) The amount set out in the adopted operating budget for each organizational unit shall 814 constitute the annual appropriation for such, and no expenditure shall be made or 815 encumbrance created in excess ofthe otherwise unencumbered! balanced oftheappropriations 816 or allotment thereof, to which it is chargeable. 817 SECTION 6.27. 818 Tax levies. 819 The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates 820 set by such ordinances shall be such that reasonable estimates of revenues from such levy 821 shall at least be sufficient, together with other anticipated revenues, fund balances, and 822 applicable reserves, to equal the total amount appropriated for each ofthe several funds set 823 forth in the annual operating budget for defraying the expenses of the general government 824 of this city. 825 SECTION 6.28. 826 Changes in appropriations. 827 The city council by ordinance may make changes in the appropriations contained in the 828 current operating budget, at any regular meeting, special or emergency meeting called for 829 such purpose, but any additional appropriations may be made only from an existing 830 unexpended surplus. 831 SECTION 6.29. 832 Capital budget. 833 (a) On or before the date fixed by the city council but no later than ten days prior to the 834 beginning of each fiscal year, the city clerk in coordination with the mayor and city council 835 shall submit to the city council a proposed capital improvements plan with a recommended 836 capital budget containing the means off financing the improvements proposed for the ensuing 837 fiscal year. The city council shall have power to accept, with or without amendments, or 838 reject the proposed plan and proposed budget. The city council shall not authorize an 839 expenditure for the construction ofany building, structure, work, or improvement, unless the H.J B.9 937 -27- 18 LC 44 0849S/AP 840 appropriations for such project are included in the capital budget, except to meet a public 841 emergency as provided in Section 2.24 of this charter. 842 (b) The city council shall adopt by resolution the final capital budget for the ensuing fiscal 843 year not later than July 1 of each year. No appropriations provided for in a prior capital 844 budget shall lapse until the purpose for which the appropriation was made shall have been 845 accomplished or abandoned; provided, however, that the mayor and city council may: submit 846 amendments to the capital budget at any time during the fiscal year, accompanied by 847 recommendations. Any such amendments to the capital budget shall become effective only 848 upon adoption by ordinance. 849 SECTION 6.30. 850 Independent audit. 851 There shall be an annual independent audit of all city accounts, funds, and financial 852 transactions by a certified public accountant selected by the city council. The audit shall be 853 conducted according to generally accepted auditing principles. Any audit of any funds by 854 the state or federal governments may be accepted as satisfying the requirements of this 855 charter. Copies of annual audit reports shall be available at printing costs to the public. 856 SECTION 6.31. 857 Contracting procedures. 858 No contract with the city shall be binding on the city unless: 859 (1) It is in writing; 860 (2) Iti is drawn by or submitted to and reviewed by the city attorney, and as a matter of 861 course, is signed by the city attomey to indicate such drafting or review; and 862 (3) It is made or authorized by the city council and such approval is entered in the city 863 council journal of proceedings pursuant to Section 2.20 ofthis charter, 864 SECTION 6.32. 865 Centralized purchasing. 866 The city council shall by ordinance prescribe procedures for a system of centralized 867 purchasing for the city. H. B. 937 28- 18 LC 44 0849S/AP 868 SECTION 6.33. 869 Sale and lease of city property. 870 (a) The city council may sell and convey, or lease any real or personal property owned or 871 held by the city for governmental or other purposes as now or hereafter provided by law. 872 (b) The city council may quitclaim any rights it may have in property not needed for public 873 purposes upon report by the mayor and adoption of a resolution, both finding that the 874 property is not needed for public or other purposes and that the interest of the city has not 875 readily ascertainable monetary value. 876 (c) Whenever a small parcel or tract of land is cut off or separated from a larger tract or 877 boundary of land owned by the city in opening, extending, or widening any street, avenue, 878 alley, or public place ofthe city, the city council may authorize the mayor to sell and convey 879 said cut-off or separated parcel ort tract ofland to an abutting or adjoining property owner or 880 owners where such sale and conveyance facilitates the enjoyment ofthel highest and best use 881 oft the abutting owner's property. Included in the sales contract shall be aj provision for the 882 rights of way of said street, avenue, alley, or public place. Each abutting property owner 883 shall be notified ofthe availability ofthej property and given the opportunity toj purchase said 884 property under such terms and conditions as set out by ordinance. All deeds and 885 conveyances heretofore and hereafter sO executed and delivered shall convey all title and 886 interest the city has in such property, notwithstanding the fact that no public sale after 887 advertisement was or is hereafter made. 888 ARTICLE VII 889 GENERAL PROVISIONS 890 SECTION 7.10. 891 Bonds for officials. 892 The officers and employees ofthis city, both elected. and appointed, shall execute such surety 893 or fidelity bonds in such amounts and upon such terms and conditions as the city council 894 shall from time to time require by ordinance or as may be provided by law. 895 SECTION 7.11. 896 Prior ordinançes. 897 All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent 898 with this charter are hereby declared valid and of full effect and force until amended or 899 repealed by the city council. H. B.937 -29- 18 LC 44 0849S/AP 900 SECTION 7.12. 901 Existing personnel and officers. 902 Except as specifically provided otherwise by this charter, all personnel and officers of the 903 city and their rights, privileges, and powers shall continue beyond the time this charter takes 904 effect. 905 SECTION 7.13. 906 Pending matters. 907 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, 908 contracts, and legal or administrative proceedings shall continue and any such ongoing work 909 or cases shall be completed by such city agencies personnel or offices as may be provided 910 by the city council. 911 SECTION 7.14. 912 Construction. 913 (a) Section captions in this charter are informative only and are not to be considered as part 914 thereof. 915 (b) The word' "shall" is mandatory, and the word "may" is permissive. 916 (c) The singular shall include the plural, the masculine shall include the feminine, and vice 917 versa. 918 SECTION 7.15. 919 Severability. 920 Ifany article, section, subsection, paragraph, sentence, or part thereofo oft this charter shall be 921 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect 922 ori impair other parts ofthis charter unless it clearly appears that such other parts are wholly 923 and necessarily dependent upon the part held to be invalid or unconstitutional, it being the 924 legislative intent in enacting this charter that each article, section, subsection, paragraph, 925 sentence, or part thereof be enacted separately and independent of each other. H.B. 937 -30- 18 LC 44 0849S/AP 926 SECTION 7.16. 927 Specific repealer. 928 An Act to provide a new charter for the City of Reynolds, approved August 16, 1915 (Ga. 929 L. 1915, p. 786), as amended, is hereby repealed. 930 SECTION 7.17. 931 General repealer. 932 All laws and parts ofI laws in conflict with this Act are repealed. - H.E B.937 -31-