Georgia 2023-2024 Regular Session

Georgia Senate Bill SB294 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 294/AP~~
	1	+	23 LC 47 2143
2	2		S. B. 294
3	3		- 1 -
4	4		Senate Bill 294
5	5		By: Senator Burns of the 23rd
6		-	AS PASSED
7	6		A BILL TO BE ENTITLED
8	7		AN ACT
9	8		To provide a new charter for the Town of Camak; to provide for incorporation, boundaries,
10	9		1
11	10		and powers of the municipality; to provide for a governing authority and structure of such2
12	11		municipality and the powers, duties, authority, election, terms, vacancies, compensation,3
13	12		expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from4
14	13		office relative to members of such governing authority; to provide for inquiries and5
15	14		investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and6
16	15		procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro7
17	16		tempore and certain duties, powers, and other matters relative thereto; to provide for8
18	17		administrative affairs and responsibilities; to provide for boards, commissioners, and9
19	18		authorities; to provide for a town attorney, a town clerk, and other personnel and matters10
20	19		relating thereto; to provide for rules and regulations; to provide for a municipal court and the11
21	20		judge or judges thereof and other matters relative to those judges; to provide for the court's12
22	21		jurisdiction, powers, practices, and procedures; to provide for the right of appeal; to provide13
23	22		for elections and removal from office of elected officials; to provide for finance, taxation,14
24	23		licenses, and fees; to provide for franchises, service charges, and assessments; to provide for15
25	24		bonded and other indebtedness; to provide for municipal contracts and purchasing; to provide16
26	25		for budgeting; to provide for the conveyance of property and interests therein; to provide for17
27	26		bonds for officials; to provide for existing ordinances, resolutions, and rules; to provide for18
28		-	pending matters; to provide rules for construction; to provide for severability; to provide for19 23 ~~SB 294/AP~~
	27	+	pending matters; to provide rules for construction; to provide for severability; to provide for19 23 LC 47 2143
29	28		S. B. 294
30	29		- 2 -
31	30		other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws;
32	31		20
33	32		and for other purposes.21
34	33		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22
35	34		ARTICLE I23
36	35		INCORPORATION AND POWERS24
37	36		SECTION 1.10.25
38	37		Name.26
39	38		This municipality and the inhabitants thereof are reincorporated by the enactment and this27
40	39		charter and are hereby constituted and declared a body politic and corporate under the name28
41	40		and style Town of Camak, Georgia, and by that name shall have perpetual succession.29
42	41		SECTION 1.11.30
43	42		Corporate boundaries.31
44	43		(a) The boundaries of this town shall be those existing on the effective date of the adoption32
45	44		of this charter with such alterations as may be made from time to time in the manner33
46	45		provided by law. The boundaries of this town at all times shall be shown on a map, a written34
47	46		description, or any combination thereof, to be retained permanently in the town hall and to35
48	47		be designated, as the case may be, the "Official [Map or Description] of the corporate limits36
49	48		of the Town of Camak, Georgia." Photographic, typed, or other copies of such map or37
50	49		description certified by the town clerk shall be admitted as evidence in all courts and shall38
51		-	have the same force and effect as with the original map or description.39 23 ~~SB 294/AP~~
	50	+	have the same force and effect as with the original map or description.39 23 LC 47 2143
52	51		S. B. 294
53	52		- 3 -
54	53		(b) The town council may provide for the redrawing of any such map by ordinance to reflect
55	54		40
56	55		lawful changes in the corporate boundaries. A redrawn map or description shall supersede41
57	56		for all purposes the entire map or description which it is designated to replace.42
58	57		SECTION 1.12.43
59	58		Powers and construction.44
60	59		(a) This town shall have all powers possible for a municipal corporation to have under the45
61	60		present or future Constitution and laws of this state as fully and completely as though they46
62	61		were specifically enumerated in this charter. This town shall have all the powers of47
63	62		self-government not otherwise prohibited by this charter or by general law.48
64	63		(b) The powers of this town shall be construed liberally in favor of the town. This specific49
65	64		mention or failure to mention particular powers shall not be construed as limiting in any way50
66	65		the powers of the town.51
67	66		SECTION 1.13.52
68	67		Examples of powers.53
69	68		(a) The powers of the town shall include, but shall not be limited to, the following:54
70	69		(1) Animal regulations. To regulate and license or to prohibit the keeping or running at55
71	70		large of animals and fowl and to provide for the impoundment of same if in violation of56
72	71		any ordinance or lawful order; to provide for the disposition by sale, gift, or humane57
73	72		destruction of animals and fowl when not redeemed as provided by ordinance; and to58
74	73		provide punishment for violation of ordinances enacted under this charter. 59
75	74		(2) Appropriations and expenditures. To make appropriations for the support of the60
76	75		government of the town; to authorize the expenditure of money for any purposes61
77		-	authorized by this charter and for any purpose for which a municipal corporation is62 23 ~~SB 294/AP~~
	76	+	authorized by this charter and for any purpose for which a municipal corporation is62 23 LC 47 2143
78	77		S. B. 294
79	78		- 4 -
80	79		authorized by the laws of the State of Georgia; and to provide for the payment of
81	80		63
82	81		expenses of the town.64
83	82		(3) Building regulation. To regulate and to license the erection and construction of65
84	83		buildings and all other structures; to adopt building, housing, plumbing, fire safety,66
85	84		electrical, gas, and heating and air conditioning codes; and to regulate all housing and67
86	85		building trades.68
87	86		(4) Business regulation and taxation. To levy and to provide for the collection of69
88	87		regulatory fees and taxes on privileges, occupations, trades, and professions as authorized70
89	88		by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be71
90	89		enacted; to permit and regulate the same; to provide for the manner and method of72
91	90		payment of such regulatory fees and taxes; and to revoke such permits after due process73
92	91		for failure to pay any town taxes or fees.74
93	92		(5) Condemnation. To condemn property, inside or outside the corporate limits of the75
94	93		town, for present or future use and for any corporate purpose deemed necessary by the76
95	94		governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such77
96	95		other applicable laws as are or may hereafter be enacted.78
97	96		(6) Contracts. To enter into contracts and agreements with other governmental entities79
98	97		and with private persons, firms, and corporations.80
99	98		(7) Emergencies. To establish procedures for determining and proclaiming that an81
100	99		emergency situation exists within or outside the town, and to make and carry out all82
101	100		reasonable provisions deemed necessary to deal with or meet such an emergency for the83
102	101		protection, safety, health, or well-being of the citizens of the town.84
103	102		(8) Environmental protection. To protect and preserve the natural resources,85
104	103		environment, and vital areas of the town, the region, and the state through the86
105	104		preservation and improvement of air quality, the restoration and maintenance of water87
106	105		resources, the control of erosion and sedimentation, the management of solid and88
107		-	hazardous waste, and other necessary actions for the protection of the environment.89 23 ~~SB 294/AP~~
	106	+	hazardous waste, and other necessary actions for the protection of the environment.89 23 LC 47 2143
108	107		S. B. 294
109	108		- 5 -
110	109		(9) Fire regulations. To fix and establish fire limits and from time to time to extend,
111	110		90
112	111		enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with91
113	112		general law, relating to both fire prevention and detection and to firefighting; and to92
114	113		prescribe penalties and punishment for violations thereof. 93
115	114		(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection94
116	115		and disposal, and other sanitary service charge, tax, or fee for such services as may be95
117	116		necessary in the operation of the town from all individuals, firms, and corporations96
118	117		residing in or doing business therein benefiting from such services; to enforce the97
119	118		payment of such charges, taxes, or fees; and to provide for the manner and method of98
120	119		collecting such service charges.99
121	120		(11) General health, safety, and welfare. To define, regulate, and prohibit any act,100
122	121		practice, conduct, or use of property which is detrimental to health, sanitation,101
123	122		cleanliness, welfare, and safety of the inhabitants of the town and to provide for the102
124	123		enforcement of such standards.103
125	124		(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for104
126	125		any purpose related to powers and duties of the town and the general welfare of its105
127	126		citizens, on such terms and conditions as the donor or grantor may impose.106
128	127		(13) Health and sanitation. To prescribe standards of health and sanitation and to107
129	128		provide for the enforcement of such standards.108
130	129		(14) Jail sentences. To provide that persons given jail sentences in the town's court may109
131	130		work out such sentences in any public works or on the streets, roads, drains, and other110
132	131		public property in the town; to provide for commitment of such persons to any jail; to111
133	132		provide for the use of pretrial diversion and any alternative sentencing allowed by law;112
134	133		and to provide for commitment of such persons to any county work camp or county jail113
135		-	by agreement with the appropriate county officials.114 23 ~~SB 294/AP~~
	134	+	by agreement with the appropriate county officials.114 23 LC 47 2143
136	135		S. B. 294
137	136		- 6 -
138	137		(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control
139	138		115
140	139		over all traffic, including parking upon or across the streets, roads, alleys, and walkways116
141	140		of the town.117
142	141		(16) Municipal agencies and delegation of power. To create, alter, or abolish118
143	142		departments, boards, offices, commissions, and agencies of the town and to confer upon119
144	143		such agencies the necessary and appropriate authority for carrying out all the powers120
145	144		conferred upon or delegated to the same.121
146	145		(17) Municipal debts. To appropriate and borrow money for the payment of debts of the122
147	146		town and to issue bonds for the purpose of raising revenue to carry out any project,123
148	147		program, or venture authorized by this charter or the laws of the State of Georgia.124
149	148		(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or125
150	149		otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or126
151	150		outside the property limits of the town.127
152	151		(19) Municipal property protection. To provide for the preservation and protection of128
153	152		property and equipment of the town; to provide for the administration and use of same129
154	153		by the public; and to prescribe penalties and punishment for violations thereof.130
155	154		(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose131
156	155		of public utilities, including but not limited to a system of waterworks, sewers, and132
157	156		drains, sewage disposal, gas works, electric light plants, cable television, and other133
158	157		telecommunications, transportation facilities, public airports, and any other public utility;134
159	158		and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and135
160	159		to provide for the withdrawal of service for refusal or failure to pay the same.136
161	160		(21) Nuisance. To define a nuisance and provide for its abatement whether on public or137
162	161		private property.138
163	162		(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to139
164		-	the authority of this charter and the laws of the State of Georgia.140 23 ~~SB 294/AP~~
	163	+	the authority of this charter and the laws of the State of Georgia.140 23 LC 47 2143
165	164		S. B. 294
166	165		- 7 -
167	166		(23) Planning and zoning. To provide comprehensive town planning for development
168	167		141
169	168		by zoning and to provide subdivision regulation and the like as the town council deems142
170	169		necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;143
171	170		(24) Police and fire protection. To exercise the power to arrest through duly appointed144
172	171		police officers, and to establish, operate, or contract for a police and a firefighting145
173	172		agency;146
174	173		(25) Public hazards: removal. To provide for the destruction and removal of any147
175	174		building or other structure which is or may become dangerous or detrimental to the148
176	175		public.149
177	176		(26) Public improvements. To provide for the acquisition, construction, building,150
178	177		operation, and maintenance of public ways, parks and playgrounds, public grounds,151
179	178		recreational facilities, cemeteries, markets and market houses, public buildings, libraries,152
180	179		sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other153
181	180		public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, or154
182	181		charitable, cultural, educational, recreational, conservation, sport, curative, corrective,155
183	182		detentional, penal and medical institutions, and agencies and facilities; to provide any156
184	183		other public improvements, inside or outside the corporate limits of the town; and to157
185	184		regulate the use of public improvements; and for such purposes, property may be158
186	185		acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws159
187	186		as are or may hereafter be enacted.160
188	187		(27) Public peace. To provide for the prevention and punishment of loitering, disorderly161
189	188		conduct, drunkenness, riots, and public disturbances.162
190	189		(28) Public transportation. To organize and operate such public transportation systems163
191	190		as are deemed beneficial.164
192	191		(29) Public utilities and services. To grant franchises or make contracts for, or impose165
193	192		taxes on public utilities and public service companies; and to prescribe the rates, fares,166
194		-	regulations, and standards and conditions of service applicable to the service to be167 23 ~~SB 294/AP~~
	193	+	regulations, and standards and conditions of service applicable to the service to be167 23 LC 47 2143
195	194		S. B. 294
196	195		- 8 -
197	196		provided by the franchise grantee or contractor, insofar as not in conflict with valid
198	197		168
199	198		regulations of the Georgia Public Service Commission.169
200	199		(30) Regulation of roadside areas. To prohibit or regulate and control the erection,170
201	200		removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any171
202	201		and all other structures or obstructions upon or adjacent to the rights-of-way of streets and172
203	202		roads or within view thereof, within or abutting the corporate limits of the town; and to173
204	203		prescribe penalties and punishment for violation of such ordinances.174
205	204		(31) Retirement. To provide and maintain a retirement plan and other employee benefit175
206	205		plans and programs for officers and employees of the town.176
207	206		(32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade177
208	207		of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise178
209	208		improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and179
210	209		walkways within the corporate limits of the town; and to grant franchises and180
211	210		rights-of-ways throughout the streets and roads, and over the bridges and viaducts for the181
212	211		use of public utilities; and to require real estate owners to repair and maintain in a safe182
213	212		condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to183
214	213		do so.184
215	214		(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,185
216	215		constructing, equipping, operating, maintaining, and extending of a sewage disposal plant186
217	216		and sewerage system, and to levy on those to whom sewers and sewerage systems are made187
218	217		available a sewer service fee, charge, or sewer tax for the availability or use of the sewers;188
219	218		to provide for the manner and method of collecting such service charges and for enforcing189
220	219		payment of the same; and to charge, impose, and collect a sewer connection fee or fees to190
221	220		those connected with the system.191
222	221		(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,192
223		-	and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by193 23 ~~SB 294/AP~~
	222	+	and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by193 23 LC 47 2143
224	223		S. B. 294
225	224		- 9 -
226	225		others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,
227	226		194
228	227		and other recyclable materials, and to provide for the sale of such items.195
229	228		(35) Special areas of public regulation. To regulate or prohibit junk dealers, the196
230	229		manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use197
231	230		of combustible, explosive, and inflammable materials, the use of lighting and heating198
232	231		equipment, and any other business or situation which may be dangerous to persons or199
233	232		property; to regulate and control the conduct of peddlers and itinerant traders, theatrical200
234	233		performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and201
235	234		tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult202
236	235		entertainment and novelty stores and businesses to certain areas.203
237	236		(36) Special assessments. To levy and provide for the collection of special assessments204
238	237		to cover the costs for any public improvements.205
239	238		(37) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and206
240	239		collection of taxes on all property subject to taxation.207
241	240		(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the208
242	241		future by law.209
243	242		(39) Urban redevelopment. To organize and operate an urban redevelopment program.210
244	243		(40) Other powers. To exercise and enjoy other powers, functions, rights, privileges, and211
245	244		immunities necessary or desirable to promote or protect the safety, health, peace, security,212
246	245		good order, comfort, convenience, or general welfare of the town and its inhabitants; and213
247	246		to exercise all implied powers necessary or desirable to carry into execution all powers214
248	247		granted in this charter as fully and completely as if such powers were fully stated in this215
249	248		charter; and to exercise all powers now or in the future authorized to be exercised by other216
250	249		municipal governments under other laws of the State of Georgia; and no listing of217
251	250		particular powers in this charter shall be held to be exclusive of others, nor restrictive of218
252		-	general words and phrases granting powers, but shall be held to be in addition to such219 23 ~~SB 294/AP~~
	251	+	general words and phrases granting powers, but shall be held to be in addition to such219 23 LC 47 2143
253	252		S. B. 294
254	253		- 10 -
255	254		powers unless expressly prohibited to municipalities under the Constitution or applicable
256	255		220
257	256		laws of the State of Georgia. 221
258	257		(b) Forbearance in the exercise of any power of the town shall not constitute a waiver by the222
259	258		town to use any such power.223
260	259		SECTION 1.14. 224
261	260		Exercise of powers.225
262	261		All powers, functions, rights, privileges, and immunities of the town, its officers, agencies,226
263	262		or employees shall be carried into execution as provided by this charter. If this charter makes227
264	263		no provision, such shall be carried into execution as provided by ordinance or as provided228
265	264		by pertinent laws of the State of Georgia. 229
266	265		ARTICLE II230
267	266		GOVERNMENT STRUCTURE231
268	267		SECTION 2.10.232
269	268		Town council creation; number; election.233
270	269		The legislative authority of the government of this town, except as otherwise specifically234
271	270		provided in this charter, shall be vested in a town council to be composed of a mayor and five235
272	271		councilmembers. The town council established shall in all respects be a successor to and236
273	272		continuation of the governing authority under prior law. The mayor and councilmembers237
274		-	shall be elected in the manner provided by general law and this charter.238 23 ~~SB 294/AP~~
	273	+	shall be elected in the manner provided by general law and this charter.238 23 LC 47 2143
275	274		S. B. 294
276	275		- 11 -
277	276		SECTION 2.11.
278	277		239
279	278		Town council terms and qualifications for office.240
280	279		The mayor and members of the town council shall serve for terms of four years and until241
281	280		their respective successors are elected and qualified. No person shall be eligible to serve as242
282	281		mayor or councilmember unless that person shall have been a resident of the town for 12243
283	282		months prior to the date of election of mayor or members of the council; each shall continue244
284	283		to reside therein during that member's period of service and to be registered and qualified to245
285	284		vote in municipal elections of this town.246
286	285		SECTION 2.12.247
287	286		Vacancy; filling of vacancies.248
288	287		(a) The office of mayor or councilmember shall become vacant upon the incumbent's death,249
289	288		resignation, forfeiture of office, or occurrence of any event specified by the Constitution of250
290	289		the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may251
291	290		hereafter be enacted.252
292	291		(b) A vacancy in the office of mayor or of any councilmember shall be filled for the253
293	292		remainder of the unexpired term, if any, by appointment by the town council or those254
294	293		members remaining if less than six months remains in the unexpired term. If such vacancy255
295	294		occurs six months or more prior to the expiration of the term of that office, it shall be filled256
296	295		for the remainder of the unexpired term by a special election, as provided for in Section 5.15257
297	296		of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws258
298	297		as are or may hereafter be enacted.259
299	298		(c) This provision shall also apply to a temporary vacancy created by the suspension from260
300		-	office of the mayor or of any councilmember.261 23 ~~SB 294/AP~~
	299	+	office of the mayor or of any councilmember.261 23 LC 47 2143
301	300		S. B. 294
302	301		- 12 -
303	302		SECTION 2.13.
304	303		262
305	304		Compensation and expenses.263
306	305		The mayor and councilmembers shall receive compensation and expenses, if any, for their264
307	306		services as provided by ordinance.265
308	307		SECTION 2.14.266
309	308		Conflicts of interest; holding other offices.267
310	309		(a) Elected and appointed officers of the town are trustees and servants of the residents of268
311	310		the town and shall act in a fiduciary capacity for the benefit of such residents.269
312	311		(b) No elected official, appointed officer, or employee of the town or any agency or political270
313	312		entity to which this charter applies shall knowingly:271
314	313		(1) Engage in any business or transaction, or have a financial or other personal interest,272
315	314		direct or indirect, which is incompatible with the proper discharge of that person's official273
316	315		duties or which would tend to impair the independence of the official's judgment or action274
317	316		in the performance of those official duties;275
318	317		(2) Engage in or accept private employment, or render services for private interests when276
319	318		such employment or service is incompatible with the proper discharge of that person's277
320	319		official duties or would tend to impair the independence of the official's judgment or278
321	320		action in the performance of those official duties;279
322	321		(3) Disclose confidential information, including information obtained at meetings which280
323	322		are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,281
324	323		government, or affairs of the governmental body by which the official is engaged without282
325	324		proper legal authorization; or use such information to advance the financial or other283
326		-	private interest of that person or others;284 23 ~~SB 294/AP~~
	325	+	private interest of that person or others;284 23 LC 47 2143
327	326		S. B. 294
328	327		- 13 -
329	328		(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from
330	329		285
331	330		any person, firm, or corporation which to the official's knowledge is interested, directly or286
332	331		indirectly, in any manner whatsoever, in business dealings with the governmental body by287
333	332		which the official is engaged; provided, however, that an elected official who is a candidate288
334	333		for public office may accept campaign contributions and services in connection with any289
335	334		such campaign;290
336	335		(5) Represent other private interests in any action or proceeding against this town or any291
337	336		portion of its government; or292
338	337		(6) Vote on or otherwise participate in the negotiation or in the making of any contract293
339	338		with any business or entity in which the official or a member of his or her family, including294
340	339		any spouse, child, grandchild, parent, grandparent, or sibling, whether by consanguinity or295
341	340		affinity, has a financial interest.296
342	341		(c) Any elected official, appointed officer, or employee who shall have any financial297
343	342		interest, directly or indirectly, in any contract or matter pending before or within any298
344	343		department of the town shall disclose such interest to the town council. The mayor or any299
345	344		councilmember who has a financial interest in any matter pending before the town council300
346	345		shall disclose such interest and such disclosure shall be entered on the records of the town301
347	346		council, and that official shall disqualify himself or herself from participating in any decision302
348	347		or vote relating thereto. Any elected official, appointed officer, or employee of any agency303
349	348		or political entity to which this charter applies who shall have any financial interest, directly304
350	349		or indirectly, in any contract or matter pending before or within such entity shall disclose305
351	350		such interest to the governing body of such agency or entity.306
352	351		(d) No elected official, appointed officer, or employee of the town or any agency or entity307
353	352		to which this charter applies shall use property owned by such governmental entity for308
354	353		personal benefit, convenience, or profit, except in accordance with policies promulgated by309
355		-	the town council or the governing body of such agency or entity.310 23 ~~SB 294/AP~~
	354	+	the town council or the governing body of such agency or entity.310 23 LC 47 2143
356	355		S. B. 294
357	356		- 14 -
358	357		(e) Any violation of this section which occurs with the knowledge, express or implied, of
359	358		311
360	359		a party to a contract or sale shall render said contract or sale voidable at the option of the312
361	360		town council.313
362	361		(f) Except where authorized by law, neither the mayor nor any councilmember shall hold314
363	362		any other elective or compensated appointive office in the town or otherwise be employed315
364	363		by the Town of Camak or any agency thereof during the term for which that person was316
365	364		elected. No former mayor and no former councilmember shall hold any compensated317
366	365		appointive office in the town until one year after the expiration of the term for which that318
367	366		person was elected.319
368	367		(g) No appointive officer of the town shall continue in such employment upon qualifying320
369	368		as a candidate for nomination or election to any public office. No employee of the town shall321
370	369		continue in such employment upon qualifying for or election to any public office in this town322
371	370		or any other public office which is inconsistent, incompatible, or in conflict with the duties323
372	371		of the town employee. Such determination shall be made by the mayor and council either324
373	372		immediately upon election or at any time such conflict may arise.325
374	373		(h) Penalties for violation of this section shall include the following:326
375	374		(1) Any town officer or employee who knowingly conceals such financial interest or327
376	375		knowingly violates any of the requirements of this section shall be guilty of malfeasance328
377	376		in office or position and shall be deemed to have forfeited that person's office or position.329
378	377		(2) Any officer or employee of the town who shall forfeit an office or position as described330
379	378		in paragraph (1) above shall be ineligible for appointment or election to or employment in331
380		-	a position in the town government for a period of three years thereafter.332 23 ~~SB 294/AP~~
	379	+	a position in the town government for a period of three years thereafter.332 23 LC 47 2143
381	380		S. B. 294
382	381		- 15 -
383	382		SECTION 2.15.
384	383		333
385	384		Inquiries and investigations.334
386	385		Following the adoption of an authorizing resolution, the town council may make inquiries335
387	386		and investigations into the affairs of the town and the conduct of any department, office, or336
388	387		agency thereof, and for this purpose may subpoena witnesses, administer oaths, take337
389	388		testimony, and require the production of evidence. Any person who fails or refuses to obey338
390	389		a lawful order issued in the exercise of these powers by the town council shall be punished339
391	390		as provided by ordinance.340
392	391		SECTION 2.16.341
393	392		General power and authority of the town council.342
394	393		(a) Except as otherwise provided by law or this charter, the town council shall be vested with343
395	394		all the powers of government of this town.344
396	395		(b) In addition to all other powers conferred upon it by law, the town council shall have the345
397	396		authority to adopt and provide for the execution of such ordinances, resolutions, rules, and346
398	397		regulations, not inconsistent with this charter and the Constitution and the laws of the State347
399	398		of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,348
400	399		protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,349
401	400		or well-being of the inhabitants of the Town of Camak and may enforce such ordinances by350
402		-	imposing penalties for violation thereof.351 23 ~~SB 294/AP~~
	401	+	imposing penalties for violation thereof.351 23 LC 47 2143
403	402		S. B. 294
404	403		- 16 -
405	404		SECTION 2.17.
406	405		352
407	406		Eminent domain.353
408	407		The town council is hereby empowered to acquire, construct, operate, and maintain public354
409	408		ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,355
410	409		sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,356
411	410		hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,357
412	411		penal, and medical institutions, agencies, and facilities and any other public improvements358
413	412		inside or outside the town and to regulate the use thereof; for such purposes, property may359
414	413		be condemned under procedures established under general law applicable now or as provided360
415	414		in the future. 361
416	415		SECTION 2.18.362
417	416		Oath of office; organizational meeting.363
418	417		(a) The mayor and members of the town council shall subscribe to the oath of office before364
419	418		serving under this charter. 365
420	419		(b) The town council shall hold an organizational meeting each January. The meeting shall366
421	420		be called to order by the mayor, and the oath of office shall be administered to the newly367
422	421		elected members by a judicial officer authorized to administer oaths and shall, to the extent368
423	422		that it comports with federal and state law, be as follows:369
424	423		"I do solemnly (swear)(affirm) that I will well and truly demean myself as370
425	424		(mayor)(councilmember) of the Town of Camak for the ensuing term, and that I will371
426	425		faithfully enforce the charter and ordinances of said town to the best of my skill and ability,372
427		-	without fear or favor, so help me God."373 23 ~~SB 294/AP~~
	426	+	without fear or favor, so help me God."373 23 LC 47 2143
428	427		S. B. 294
429	428		- 17 -
430	429		SECTION 2.19.
431	430		374
432	431		Regular and special meetings.375
433	432		(a) The town council shall hold regular meetings at such times and places as shall be376
434	433		prescribed by ordinance.377
435	434		(b) Special meetings of the town council may be held on call of the mayor or at least two378
436	435		members of the town council. Notice of such special meetings shall be served on all other379
437	436		members personally, or by telephone personally, at least 48 hours in advance of the meeting.380
438	437		Such notice to councilmembers shall not be required if the mayor and all councilmembers are381
439	438		present when the special meeting is called. Such notice of any special meeting may be382
440	439		waived by any councilmember in writing before or after such a meeting, and attendance at383
441	440		the meeting shall also constitute a waiver of notice concerning business transacted in the384
442	441		presence of any councilmember. Only the business stated in the call may be transacted at the385
443	442		special meeting, except by unanimous consent of all members of the council.386
444	443		(c) All meetings of the town council shall be public to the extent required by law, and notice387
445	444		to the public of special meetings shall be made fully as is reasonably possible as provided by388
446	445		Chapter 14 of Title 50 of the O.C.G.A. or other such applicable laws as are or may hereafter389
447	446		be enacted.390
448	447		SECTION 2.20.391
449	448		Rules of procedure.392
450	449		The town council shall adopt its rules of procedure and order of business consistent with the393
451	450		provisions of this charter and shall provide for keeping a minute book of its proceedings,394
452		-	which shall be a public record. 395 23 ~~SB 294/AP~~
	451	+	which shall be a public record. 395 23 LC 47 2143
453	452		S. B. 294
454	453		- 18 -
455	454		SECTION 2.21.
456	455		396
457	456		Committees.397
458	457		(a) The mayor shall have the authority to establish committees which shall be empowered398
459	458		to make recommendations to the town council for conducting the affairs of the town. The399
460	459		mayor shall appoint members for any committee so established, and committee members400
461	460		shall serve at the pleasure of the mayor. Members of the town council shall have the right401
462	461		to serve as ex officio members of any committee but shall not have the right to vote on402
463	462		committee business.403
464	463		(b) Neither the mayor nor the town council is bound by any recommendation made by a404
465	464		committee.405
466	465		SECTION 2.22.406
467	466		Quorum; voting.407
468	467		(a) The mayor and three councilmembers shall constitute a quorum and shall be authorized408
469	468		to transact business of the town council. In the absence of the mayor, four councilmembers409
470	469		shall constitute a quorum and shall be authorized to transact business of the town council.410
471	470		Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded411
472	471		in the minutes, but any member of the town council shall have the right to request a roll call412
473	472		vote and such vote shall be recorded in the minute book. On all questions before the town413
474	473		council, the mayor, or the mayor pro tempore if he or she is presiding, shall be entitled to vote414
475	474		only in the case of a tie. Except as otherwise provided in this charter, the affirmative vote of415
476	475		three members, either three councilmembers or the mayor and two councilmembers, shall be416
477	476		required for the town council to take any action, including but not limited to the adoption of417
478	477		any ordinance, resolution, or motion.418
479		-	(b) An abstention noted on the record shall be counted as a negative vote.419 23 ~~SB 294/AP~~
	478	+	(b) An abstention noted on the record shall be counted as a negative vote.419 23 LC 47 2143
480	479		S. B. 294
481	480		- 19 -
482	481		SECTION 2.23.
483	482		420
484	483		Ordinance form; procedures.421
485	484		(a) Every proposed ordinance should be introduced in writing and in the form required for422
486	485		final adoption. No ordinance shall contain a subject which is not expressed in its title. The423
487	486		enacting clause shall be "It is hereby ordained by the governing authority of the Town of424
488	487		Camak" and every ordinance shall so begin.425
489	488		(b) An ordinance may be introduced by the mayor or by any councilmember and be read at426
490	489		a regular or special meeting of the town council. Ordinances shall be considered and adopted427
491	490		or rejected by the town council in accordance with the rules which it shall establish; provided428
492	491		that it shall not be necessary to give any notice to the public of intention to introduce any429
493	492		ordinance, resolution, rule, or regulation, either before or after its passage, other than such430
494	493		notice or publication as is given by recording of the same in a book maintained and kept in431
495	494		accordance with Section 2.27 of this charter.432
496	495		(c) Upon adoption of any ordinance, the town clerk shall file a copy in the office of the clerk433
497	496		and shall as soon as practicable distribute a copy to the mayor and to each councilmember.434
498	497		The town clerk shall also distribute a copy to any person or public place specifically435
499	498		designated by the town council.436
500	499		SECTION 2.24. 437
501	500		Action requiring an ordinance.438
502	501		Acts of the town council which have the force and effect of law shall be enacted by439
503		-	ordinance.440 23 ~~SB 294/AP~~
	502	+	ordinance.440 23 LC 47 2143
504	503		S. B. 294
505	504		- 20 -
506	505		SECTION 2.25.
507	506		441
508	507		Emergencies.442
509	508		(a) To meet a public emergency affecting life, health, property, or public peace, the town443
510	509		council may convene on call of the mayor and two councilmembers or three councilmembers444
511	510		and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes;445
512	511		grant, renew, or extend a franchise; regulate the rate charged by any public utility for its446
513	512		services; or authorize the borrowing of money except for loans to be repaid within 30 days447
514	513		with funds already in the treasury. An emergency ordinance shall be introduced in the form448
515	514		prescribed for ordinances generally, except that it shall be plainly designated as an emergency449
516	515		ordinance and shall contain, after the enacting clause, a declaration stating that an emergency450
517	516		exists, and describing the emergency in clear and specific terms. An emergency ordinance451
518	517		may be adopted, with or without amendment, or rejected at the meeting at which it is452
519	518		introduced, but the affirmative vote of three members, either the mayor and two453
520	519		councilmembers or three councilmembers, shall be required for adoption. It shall become454
521	520		effective upon adoption or at such later time as it may specify. Every emergency ordinance455
522	521		shall automatically stand repealed 30 days following the date upon which it was adopted, but456
523	522		this shall not prevent reenactment of the ordinance in the manner specified in this section if457
524	523		the emergency still exists. An emergency ordinance may also be repealed by adoption of a458
525	524		repealing ordinance in the same manner specified in this section for adoption of emergency459
526	525		ordinances.460
527	526		(b) Such meetings shall be open to the public to the extent required by law and notice to the461
528	527		public of emergency meetings shall be made as fully as is reasonably possible in accordance462
529	528		with section Title 50, Chapter 14 of the O.C.G.A., or such other applicable laws as are or may463
530		-	hereafter be enacted.464 23 ~~SB 294/AP~~
	529	+	hereafter be enacted.464 23 LC 47 2143
531	530		S. B. 294
532	531		- 21 -
533	532		SECTION 2.26.
534	533		465
535	534		Codes of technical regulations.466
536	535		(a) The town council may adopt any standard code of technical regulations by reference467
537	536		thereto in an adopting ordinance. The procedure and requirements governing such adopting468
538	537		ordinance shall be as prescribed for ordinances generally except that:469
539	538		(1) The requirements of subsection (c) of Section 2.23 for filing and distribution of copies470
540	539		of an ordinance shall be construed to include copies of any code of technical regulations,471
541	540		as well as the adopting ordinance; and472
542	541		(2) A copy of each adopted code of technical regulations, as well as the adopting473
543	542		ordinance, shall be authenticated and recorded by the town clerk pursuant to Section 2.27.474
544	543		(b) Copies of any adopted code of technical regulations shall be made available by the town475
545	544		clerk for inspection by the public.476
546	545		SECTION 2.27. 477
547	546		Signing; authenticating; recording; codification; printing.478
548	547		(a) All ordinances duly adopted by the council shall be authenticated by the clerk's signature479
549	548		and recorded in full in a properly indexed book kept for that purpose.480
550	549		(b) The town council shall provide for the preparation of a general codification of all the481
551	550		ordinances of the town having the force and effect of law. The general codification shall be482
552	551		adopted by the town council by ordinance and shall be published promptly, together with all483
553	552		amendments thereto and such codes of technical regulations and other rules and regulations484
554	553		as the town council may specify. This codification shall be known and may be cited officially485
555	554		as "The Code of Ordinances of the Town of Camak, Georgia." Copies of the code shall be486
556	555		furnished to all officers, departments, and agencies of the town and made available for487
557		-	purchase by the public at a reasonable price as fixed by the town council.488 23 ~~SB 294/AP~~
	556	+	purchase by the public at a reasonable price as fixed by the town council.488 23 LC 47 2143
558	557		S. B. 294
559	558		- 22 -
560	559		(c) The town council shall cause each ordinance and each amendment to this charter to be
561	560		489
562	561		printed promptly following its adoption, and the printed ordinances and charter amendments490
563	562		shall be made available for purchase by the public at reasonable prices to be fixed by the town491
564	563		council. Following publication of the first code under this charter and at all times thereafter,492
565	564		the ordinances and charter amendments shall be printed in substantially the same style as the493
566	565		code currently in effect and shall be suitable in form for incorporation therein. The town494
567	566		council shall make such further arrangements as deemed desirable with reproduction and495
568	567		distribution of any current changes in or additions to codes of technical regulations and other496
569	568		rules and regulations included in the code.497
570	569		SECTION 2.28. 498
571	570		Selection of mayor.499
572	571		At each regular election, the voters of the town shall elect a mayor at large for a term of four500
573	572		years. The mayor shall be a qualified elector of the town and shall have been a resident of501
574	573		the town for 12 months prior to the date of election. The mayor shall continue to reside in502
575	574		the town during the period of service. The mayor shall forfeit the office on the same grounds503
576	575		and under the same procedure as for councilmembers. The compensation, if any, of the504
577	576		mayor shall be established in the same manner as for councilmembers. 505
578	577		SECTION 2.29. 506
579	578		Chief executive officer.507
580	579		The mayor shall be the chief executive of this town and shall preside at all meetings of the508
581	580		town council where the mayor is in attendance. The mayor shall possess all the executive and509
582	581		administrative power granted to the town under the constitution and laws of the State of510
583		-	Georgia, and all the executive and administrative powers contained in this charter.511 23 ~~SB 294/AP~~
	582	+	Georgia, and all the executive and administrative powers contained in this charter.511 23 LC 47 2143
584	583		S. B. 294
585	584		- 23 -
586	585		SECTION 2.30.
587	586		512
588	587		Powers and duties of mayor.513
589	588		As the chief executive officer of this town, the mayor shall:514
590	589		(1) See that all laws and ordinances of the town are faithfully executed;515
591	590		(2) Appoint and remove all officers, department directors, and employees of the town,516
592	591		except as otherwise provided in this charter;517
593	592		(3) Exercise supervision over all executive and administrative work of the town and518
594	593		provide for the coordination of administrative activities;519
595	594		(4) Prepare and submit to the town council a recommended operating budget and, when520
596	595		capital expenditures are anticipated, a recommended capital budget;521
597	596		(5) Submit to the town council at least once a year a statement covering the financial522
598	597		conditions of the town, and, from time to time, such other information as the town council523
599	598		may request;524
600	599		(6) Recommend to the town council such measures relative to the affairs of the town,525
601	600		improvement of the government, and promotion of the welfare of its inhabitants as the526
602	601		mayor may deem appropriate;527
603	602		(7) Call special meetings of the town council as provided for in subsection (b) of528
604	603		Section 2.19;529
605	604		(8) Approve or disapprove ordinances as provided in Section 2.31;530
606	605		(9) Provide for an annual audit of all accounts of the town;531
607	606		(10) Require any department or agency of the town to submit written reports whenever532
608	607		the mayor deems it appropriate; and533
609		-	(11) Perform such other duties as may be required by law, this charter, or by ordinance.534 23 ~~SB 294/AP~~
	608	+	(11) Perform such other duties as may be required by law, this charter, or by ordinance.534 23 LC 47 2143
610	609		S. B. 294
611	610		- 24 -
612	611		SECTION 2.31.
613	612		535
614	613		Submission of ordinances to the mayor; veto power.536
615	614		(a) Every ordinance adopted by the town council shall be presented promptly by the clerk537
616	615		to the mayor.538
617	616		(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk539
618	617		with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has540
619	618		been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance541
620	619		is neither approved nor disapproved, it shall become law at 12:00 noon on the tenth calendar542
621	620		day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town543
622	621		council through the clerk a written statement of reasons for the veto. The clerk shall record544
623	622		upon the ordinance the date of its delivery to and receipt from the mayor.545
624	623		(c) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its546
625	624		next meeting. If the town council then or at its next meeting adopts the ordinance by an547
626	625		affirmative vote of four council members, it shall become law notwithstanding the mayor's548
627	626		prior veto.549
628	627		SECTION 2.32. 550
629	628		Mayor pro tempore; selection; duties.551
630	629		By majority vote, the town council shall elect from among its members a mayor pro tempore552
631	630		who shall preside at all meetings of the town council and shall assume the duties and powers553
632	631		of the mayor upon the mayor's disability, suspension from office, or absence. The town554
633	632		council shall, by majority vote, elect from among its members a new presiding officer for any555
634	633		period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such556
635	634		absence or disability shall be declared by majority vote of all councilmembers. When serving557
636		-	as mayor, the mayor pro tempore shall not also vote as a member of the town council.558 23 ~~SB 294/AP~~
	635	+	as mayor, the mayor pro tempore shall not also vote as a member of the town council.558 23 LC 47 2143
637	636		S. B. 294
638	637		- 25 -
639	638		ARTICLE III
640	639		559
641	640		ADMINISTRATIVE AFFAIRS560
642	641		SECTION 3.10.561
643	642		Administrative and service departments.562
644	643		(a) Except as otherwise provided in this charter, the town council, by ordinance, shall563
645	644		prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all564
646	645		nonelective offices, positions of employment, departments, and agencies of the town, as565
647	646		necessary for the proper administration of the affairs and government of this town.566
648	647		(b) Except as otherwise provided by this charter or by law, the directors of departments and567
649	648		other appointive officers of the town shall be appointed solely on the basis of their respective568
650	649		administrative and professional qualifications.569
651	650		(c) All appointive officers and directors of departments shall receive such compensation as570
652	651		prescribed by ordinance or resolution.571
653	652		(d) There shall be a director of each town department or agency who shall be its principal572
654	653		officer. Each director shall, subject to the direction and supervision of the mayor, be573
655	654		responsible for the administration and direction of the affairs and operations of that director's574
656	655		department or agency.575
657	656		(e) All directors of departments under the supervision of the mayor shall be nominated by576
658	657		the mayor with confirmation of appointment by the town council. 577
659	658		(f) All appointive officers and directors shall be employees at will and subject to removal or578
660	659		suspension at any time by the mayor in the manner not inconsistent with any personnel policy579
661		-	and procedure manual adopted by the town council.580 23 ~~SB 294/AP~~
	660	+	and procedure manual adopted by the town council.580 23 LC 47 2143
662	661		S. B. 294
663	662		- 26 -
664	663		SECTION 3.11.
665	664		581
666	665		Boards, commissions, and authorities.582
667	666		(a) The town council shall create by resolution or ordinance such boards, commissions, and583
668	667		authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the town584
669	668		council deems necessary, and shall by resolution or ordinance establish the composition,585
670	669		period of existence, and duties and powers thereof.586
671	670		(b) All members of boards, commissions, and authorities of the town shall be appointed by587
672	671		the town council for such terms of office and in such manner as shall be provided by588
673	672		ordinance, except where other appointing authority, terms of office, or manner of589
674	673		appointment is prescribed by this charter or by law.590
675	674		(c) The town council, by ordinance, may provide for the compensation and reimbursement591
676	675		for actual and necessary expenses of the members of any board, commission, or authority.592
677	676		(d) Except as otherwise provided by charter or by law, no member of any board, commission,593
678	677		or authority shall hold any elective office in the town.594
679	678		(e) Any vacancy on a board, commission, or authority of the town shall be filled for the595
680	679		unexpired term in the manner prescribed in this charter for original appointment, except as596
681	680		otherwise provided by this charter or by law.597
682	681		(f) No member of a board, commission, or authority shall assume office until that person has598
683	682		executed and filed with the town clerk an oath obligating himself or herself to faithfully and599
684	683		impartially perform the duties of that member's office.600
685	684		(g) All members of boards, commissions, or authorities serve at will and may be removed601
686	685		at any time by a vote of four members of the town council unless otherwise provided by law.602
687	686		(h) Except as otherwise provided by this charter or by law, each board, commission, or603
688	687		authority of the town shall elect one of its members as chair and one member as vice chair,604
689	688		and may elect as its secretary one of its own members or may appoint as secretary an605
690		-	employee of the town. Each board, commission, or authority of the town government may606 23 ~~SB 294/AP~~
	689	+	employee of the town. Each board, commission, or authority of the town government may606 23 LC 47 2143
691	690		S. B. 294
692	691		- 27 -
693	692		establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances
694	693		607
695	694		of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or608
696	695		the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the609
697	696		town clerk.610
698	697		SECTION 3.12.611
699	698		Town attorney.612
700	699		(a) The mayor and town council shall appoint a town attorney, together with such assistant613
701	700		town attorneys as may be authorized, and shall provide for the payment of such attorney or614
702	701		attorneys for services rendered to the town. The town attorney shall be responsible for615
703	702		providing for the representation and defense of the town in all litigation in which the town616
704	703		is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of617
705	704		the council as directed; shall advise the town council, mayor, and other officers and618
706	705		employees of the town concerning legal aspects of the town's affairs; and shall perform such619
707	706		other duties as may be required by virtue of the person's position as town attorney.620
708	707		(b) The town attorney is not a public official of the town and does not take an oath of office.621
709	708		The town attorney shall at all times be an independent contractor. A law firm, rather than an622
710	709		individual, may be designated as the town attorney.623
711	710		SECTION 3.13.624
712	711		Town clerk.625
713	712		The mayor and town council shall appoint a town clerk, also known as the clerk, who shall626
714	713		not be a councilmember. The town clerk shall be custodian of the official town seal and town627
715		-	records; maintain town council records required by this charter; attend meetings of the town628 23 ~~SB 294/AP~~
	714	+	records; maintain town council records required by this charter; attend meetings of the town628 23 LC 47 2143
716	715		S. B. 294
717	716		- 28 -
718	717		council and keep minutes of its proceedings at such meetings, and perform such other duties
719	718		629
720	719		as may be required by the town council.630
721	720		SECTION 3.14.631
722	721		Town employees.632
723	722		All town employees serve at will and may be removed from office at any time unless633
724	723		otherwise provided by ordinance. The town council shall adopt by ordinance a personnel634
725	724		policy and procedure manual which shall govern the terms and conditions of employment for635
726	725		all town employees.636
727	726		ARTICLE IV637
728	727		JUDICIAL BRANCH638
729	728		SECTION 4.10.639
730	729		Creation; name.640
731	730		There shall be a court to be known as the municipal court of the Town of Camak, although641
732	731		the town council shall not be required to operate the municipal court unless it deems such642
733	732		action necessary and may by contract arrange for another court in Warren County to fulfill643
734	733		the duties and functions of the municipal court. 644
735	734		SECTION 4.11.645
736	735		Chief judge; associate judge.646
737	736		(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,647
738		-	or stand-by judges as shall be provided by ordinance.648 23 ~~SB 294/AP~~
	737	+	or stand-by judges as shall be provided by ordinance.648 23 LC 47 2143
739	738		S. B. 294
740	739		- 29 -
741	740		(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless
742	741		649
743	742		that person shall have attained the age of 21 years, shall be a member of the State Bar of650
744	743		Georgia, and shall possess all qualifications required by law. All judges shall be appointed651
745	744		by the town council and shall serve until a successor is appointed and qualified.652
746	745		(c) Compensation of the judges shall be fixed by ordinance.653
747	746		(d) Judges serve a term and may be removed from office as provided pursuant to general law.654
748	747		(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge655
749	748		shall honestly and faithfully discharge the duties of the office to the best of that person's656
750	749		ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of657
751	750		the town council.658
752	751		SECTION 4.12.659
753	752		Convening.660
754	753		The municipal court shall be convened at regular intervals as provided by ordinance.661
755	754		SECTION 4.13.662
756	755		Jurisdiction; powers.663
757	756		(a) The municipal court shall have jurisdiction and authority to try and punish violations of664
758	757		this charter, all town ordinances, and such other violations as provided by law.665
759	758		(b) The municipal court shall have authority to punish those in its presence for contempt,666
760	759		provided that such punishment shall not exceed $200.00 or ten days in jail.667
761	760		(c) The municipal court may fix punishment for each offense within its jurisdiction not668
762	761		exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and669
763	762		imprisonment; in addition to the foregoing, the municipal court may impose alternative670
764		-	sentencing as now or hereafter provided by law.671 23 ~~SB 294/AP~~
	763	+	sentencing as now or hereafter provided by law.671 23 LC 47 2143
765	764		S. B. 294
766	765		- 30 -
767	766		(d) The municipal court shall have authority to establish a schedule of fees to defray the cost
768	767		672
769	768		of operation and shall be entitled to reimbursement of the cost of meals, transportation, and673
770	769		caretaking of prisoners bound over to superior courts for violations of state law.674
771	770		(e) The municipal court shall have authority to establish bail and recognizances to ensure the675
772	771		presence of those charged with violations before said court and shall have discretionary676
773	772		authority to accept cash or personal or real property as surety for the appearance of persons677
774	773		charged with violations. Whenever any person shall give bail for that person's appearance678
775	774		and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge679
776	775		presiding at such time, and an execution issued thereon by serving the defendant and the680
777	776		defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the681
778	777		event that cash or property is accepted in lieu of bond for security for the appearance of a682
779	778		defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,683
780	779		the cash so deposited shall be on order of the judge declared forfeited to the town, or the684
781	780		property so deposited shall have a lien against it for the value forfeited which lien shall be685
782	781		enforceable in the same manner and to the same extent as a lien for town property taxes. 686
783	782		(f) The municipal court shall have the same authority as superior courts to compel the687
784	783		production of evidence in the possession of any party; to enforce obedience to its orders,688
785	784		judgments, and sentences; and to administer such oaths as are necessary. 689
786	785		(g) The municipal court may compel the presence of all parties necessary to a proper disposal690
787	786		of each case by the issuance of summonses, subpoenas, and warrants which may be served691
788	787		as executed by any officer as authorized by this charter or by law.692
789	788		(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of693
790	789		persons charged with offenses against any ordinance of the town, and each judge of the694
791	790		municipal court shall have the same authority as a magistrate of the state to issue warrants for695
792		-	offenses against state laws committed within the town.696 23 ~~SB 294/AP~~
	791	+	offenses against state laws committed within the town.696 23 LC 47 2143
793	792		S. B. 294
794	793		- 31 -
795	794		SECTION 4.14.
796	795		697
797	796		Certiorari.698
798	797		The right of appeal from the decision and judgment of the municipal court shall exist in all699
799	798		criminal cases and ordinance violation cases, and such appeals shall be conducted as provided700
800	799		under the laws of the State of Georgia regulating the appeals from municipal courts.701
801	800		SECTION 4.15.702
802	801		Rules for court.703
803	802		The judge shall have authority to make reasonable rules and regulations necessary and proper704
804	803		to secure the efficient and successful administration of the municipal court; provided,705
805	804		however, that the town council may reject any rules and regulations adopted by the judge.706
806	805		Any rules and regulations made or adopted by the judge shall be filed with the town clerk,707
807	806		shall be available for public inspection, and, upon request, shall be furnished to all defendants708
808	807		in municipal court proceedings at least 48 hours prior to said proceedings.709
809	808		ARTICLE V710
810	809		ELECTIONS AND REMOVAL711
811	810		SECTION 5.10.712
812	811		Applicability of general law.713
813	812		All primaries and elections shall be held and conducted in accordance with Chapter 2 of714
814	813		Title 21 of the O.C.G.A. the "Georgia Election Code," as now or hereafter amended, or such715
815		-	other applicable laws as are or may hereafter be enacted. 716 23 ~~SB 294/AP~~
	814	+	other applicable laws as are or may hereafter be enacted. 716 23 LC 47 2143
816	815		S. B. 294
817	816		- 32 -
818	817		SECTION 5.11.
819	818		717
820	819		Election of the town council and mayor.718
821	820		(a) There shall be a municipal general election every four years on the Tuesday next719
822	821		following the first Monday in November.720
823	822		(b) Voting in the municipal election shall take place at any place in Warren County so721
824	823		designated by ordinance. 722
825	824		(c) There shall be elected the mayor and five councilmembers at one election and at every723
826	825		other regular election thereafter. Terms shall be for four years.724
827	826		(d) At the time of the adoption of this charter, persons serving in the office of mayor and725
828	827		town council shall continue to serve out the terms to which they were previously elected.726
829	828		(e) The terms of the office shall begin on January 1 following the November election.727
830	829		SECTION 5.12.728
831	830		Nonpartisan elections.729
832	831		Political parties shall not conduct primaries for municipal offices, and all names of candidates730
833	832		for municipal offices shall be listed without party designations.731
834	833		SECTION 5.13.732
835	834		Election of mayor by majority.733
836	835		(a) Each citizen lawfully entitled to vote shall be entitled to cast one vote for mayor.734
837		-	(b) The person receiving a majority of the votes cast for mayor shall be elected mayor.735 23 ~~SB 294/AP~~
	836	+	(b) The person receiving a majority of the votes cast for mayor shall be elected mayor.735 23 LC 47 2143
838	837		S. B. 294
839	838		- 33 -
840	839		SECTION 5.14.
841	840		736
842	841		Election of town council by plurality.737
843	842		(a) Each citizen lawfully entitled to vote shall be entitled to vote for up to five candidates for738
844	843		town councilmembers during an election. Votes cannot be combined, and no citizen can cast739
845	844		more than one vote for any single candidate.740
846	845		(b) The five candidates receiving the most votes cast for town council membership shall be741
847	846		elected to town council.742
848	847		SECTION 5.15.743
849	848		Special elections; vacancies.744
850	849		In the event the office of mayor or of any councilmember shall become vacant as provided745
851	850		in Section 2.12 of this charter, the town council or those remaining thereon shall order a746
852	851		special election to fill the balance of the unexpired term of such official; provided, however,747
853	852		if such vacancy occurs within six months of the expiration of the term of that office, the town748
854	853		council or those members remaining shall appoint a successor for the reminder of the term.749
855	854		In all other respects, the special election shall be held and conducted in accordance with750
856	855		Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter751
857	856		amended. 752
858	857		SECTION 5.16.753
859	858		Other provisions.754
860	859		Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe755
861		-	such rules and regulations it deems appropriate to fulfill any options and duties under756 23 ~~SB 294/AP~~
	860	+	such rules and regulations it deems appropriate to fulfill any options and duties under756 23 LC 47 2143
862	861		S. B. 294
863	862		- 34 -
864	863		Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
865	864		757
866	865		amended. 758
867	866		SECTION 5.17.759
868	867		Removal of mayor and councilmembers.760
869	868		(a) The mayor and councilmembers provided for in this charter shall be removed from office761
870	869		for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other762
871	870		applicable laws as are or may hereafter be enacted.763
872	871		(b) Removal of the mayor or a councilmember pursuant to subsection (a) of this section shall764
873	872		be accomplished by one of the following methods:765
874	873		(1) Following a hearing at which an impartial panel shall render a decision. When the766
875	874		mayor or a councilmember is sought to be removed by the action of the town council,767
876	875		such officer shall be entitled to a written notice specifying the ground or grounds for768
877	876		removal and to a public hearing which shall be held not less than ten days after the service769
878	877		of such written notice. The town council shall provide by ordinance the manner in which770
879	878		such hearings shall be held. Any mayor or councilmember sought to be removed from771
880	879		office as provided in the charter shall have the right of appeal from the decision of the772
881	880		town council to the Superior Court of Warren County. Such appeal shall be governed by773
882	881		the same rules as govern appeals to the superior court from the probate court. 774
883	882		(2) By an order of the Superior Court of Warren County following a hearing on a775
884	883		complaint seeking such removal of the mayor or any councilmember brought by any776
885		-	resident of the Town of Camak. 777 23 ~~SB 294/AP~~
	884	+	resident of the Town of Camak. 777 23 LC 47 2143
886	885		S. B. 294
887	886		- 35 -
888	887		ARTICLE VI
889	888		778
890	889		FINANCE779
891	890		SECTION 6.10.780
892	891		Property tax.781
893	892		The town council may assess, levy, and collect an ad valorem tax on all real and personal782
894	893		property within the corporate limits of the town that is subject to such taxation by the state783
895	894		and county. This tax is for the purpose of raising revenues to defray the costs of operating784
896	895		the town government, of providing governmental services, for the repayment of principal and785
897	896		interest on general obligations, and for any public purpose as determined by the town council786
898	897		in its discretion.787
899	898		SECTION 6.11.788
900	899		Millage rate; due dates; payment methods.789
901	900		The town council, by ordinance, shall have the power to establish a millage rate for the town790
902	901		property tax, a due date, and the time within which these taxes must be paid. The town791
903	902		council, by ordinance, shall have the power to provide for the payment of these taxes by792
904	903		installments or in one lump sum, as well as authorize the voluntary payment of taxes prior793
905	904		to the time when due.794
906	905		SECTION 6.12.795
907	906		Occupation and business taxes.796
908	907		The town council, by ordinance, shall have the power to levy such occupation or business797
909		-	taxes as are not denied by law. The town council may classify businesses, occupations, or798 23 ~~SB 294/AP~~
	908	+	taxes as are not denied by law. The town council may classify businesses, occupations, or798 23 LC 47 2143
910	909		S. B. 294
911	910		- 36 -
912	911		professions for the purpose of such taxation in any way which may be lawful and may compel
913	912		799
914	913		the payment of such taxes as provided in Section 6.18 of this charter.800
915	914		SECTION 6.13.801
916	915		Regulatory fees; permits.802
917	916		The town council, by ordinance, shall have the power to require businesses or practitioners803
918	917		doing business within this town to obtain a permit for such activity from the town and pay804
919	918		a regulatory fee for such permit as provided by general law. Such fees shall reflect the total805
920	919		cost to the town of regulating the activity, and if unpaid, shall be collected as provided in806
921	920		Section 6.18 of this charter.807
922	921		SECTION 6.14.808
923	922		Franchises.809
924	923		(a) The town council shall have the power to grant franchises for the use of this town's streets810
925	924		and alleys for the purposes of railroads, street railways, telephone companies, electric811
926	925		companies, electric membership corporations, cable television, and other telecommunications812
927	926		companies, gas companies, transportation companies, and other similar organizations. The813
928	927		town council shall determine the duration, terms, whether the same shall be exclusive or814
929	928		nonexclusive, and the consideration for such franchises; provided, however, no franchise815
930	929		shall be granted for a period in excess of 35 years, and no franchise shall be granted unless816
931	930		the town receives just and adequate compensation therefor. The town council shall provide817
932	931		for the registration of all franchises with the town clerk in a registration book kept by the818
933	932		clerk. The town council may provide by ordinance for the registration within a reasonable819
934		-	time of all franchises previously granted. 820 23 ~~SB 294/AP~~
	933	+	time of all franchises previously granted. 820 23 LC 47 2143
935	934		S. B. 294
936	935		- 37 -
937	936		(b) If no franchise agreement is in effect, the town council has the authority to impose a tax
938	937		821
939	938		on gross receipts for the use of this town's streets and alleys for the purposes of railroads,822
940	939		street railways, telephone companies, electric companies, electric membership corporations,823
941	940		cable television and other telecommunications companies, gas companies, transportation824
942	941		companies and other similar organizations. 825
943	942		SECTION 6.15.826
944	943		Service charges.827
945	944		The town council, by ordinance, shall have the power to assess and collect fees, charges,828
946	945		assessments, and tolls for sewers, sanitary and health services, or any other services provided829
947	946		or made available within and without the corporate limits of the town for the total cost to the830
948	947		town of providing or making available such services. If unpaid, such charges shall be831
949	948		collected as provided in Section 6.18 of this charter. 832
950	949		SECTION 6.16.833
951	950		Special assessments.834
952	951		The town council, by ordinance, shall have the power to assess and collect the cost of835
953	952		constructing, reconstructing, widening, or improving any public way, street, sidewalk,836
954	953		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property837
955	954		owners under such terms and conditions as are reasonable. If unpaid, such charges shall be838
956		-	collected as provided in Section 6.18 of this charter.839 23 ~~SB 294/AP~~
	955	+	collected as provided in Section 6.18 of this charter.839 23 LC 47 2143
957	956		S. B. 294
958	957		- 38 -
959	958		SECTION 6.17.
960	959		840
961	960		Construction; other taxes and fees.841
962	961		This town shall be empowered to levy any other tax or fee allowed now or hereafter by law,842
963	962		and the specific mention of any right, power, or authority in this article shall not be construed843
964	963		as limiting in any way the general powers of this town to govern its local affairs.844
965	964		SECTION 6.18.845
966	965		Collection of delinquent taxes and fees.846
967	966		The town council, by ordinance, may provide generally for the collection of delinquent taxes,847
968	967		fees, or other revenue due the town under Article VI of this charter by whatever reasonable848
969	968		means as are not precluded by law. This shall include providing for the dates when the taxes849
970	969		or fees are due; late penalties or interest; issuance and execution of writs of fieri facias;850
971	970		creation and priority of liens; making delinquent taxes and fees personal debts of the persons851
972	971		required to pay the taxes or fees imposed; revoking municipal permits for failure to pay any852
973	972		town taxes or fees; and providing for the assignment or transfer of tax executions. 853
974	973		SECTION 6.19.854
975	974		General obligation bonds.855
976	975		The town council shall have the power to issue bonds for the purpose of raising revenue to856
977	976		carry out any project, program, or venture authorized under this charter or the laws of the857
978	977		state. Such bonding authority shall be exercised in accordance with the laws governing bond858
979		-	issuance by municipalities in effect at the time said issue is undertaken.859 23 ~~SB 294/AP~~
	978	+	issuance by municipalities in effect at the time said issue is undertaken.859 23 LC 47 2143
980	979		S. B. 294
981	980		- 39 -
982	981		SECTION 6.20.
983	982		860
984	983		Revenue bonds.861
985	984		Revenue bonds may be issued by the town council as state law now or hereafter provides.862
986	985		Such bonds are to be paid out of any revenue produced by the project, program, or venture863
987	986		for which they were issued.864
988	987		SECTION 6.21.865
989	988		Short-term loans.866
990	989		The town may obtain short-term loans and must repay such loans not later than the end of its867
991	990		fiscal year, unless otherwise provided by law.868
992	991		SECTION 6.22.869
993	992		Lease-purchase contracts.870
994	993		The town may enter into multi-year leases, purchases, or lease-purchase contracts for the871
995	994		acquisition of goods, materials, real and personal property, services, and supplies, provided872
996	995		that the contract terminates without further obligation on the part of the town at the close of873
997	996		the calendar year in which it was executed and at the close of each succeeding calendar year874
998	997		for which it may be renewed. Contracts must be executed in accordance with the875
999	998		requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are876
1000		-	or may hereafter be enacted.877 23 ~~SB 294/AP~~
	999	+	or may hereafter be enacted.877 23 LC 47 2143
1001	1000		S. B. 294
1002	1001		- 40 -
1003	1002		SECTION 6.23.
1004	1003		878
1005	1004		Fiscal year.879
1006	1005		The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the880
1007	1006		budget year and the year for financial accounting and reporting of each office, department,881
1008	1007		agency, and activity of the town government unless otherwise provided by state or federal882
1009	1008		law.883
1010	1009		SECTION 6.24.884
1011	1010		Preparation of budgets.885
1012	1011		The town council shall provide an ordinance on the procedures and requirements for the886
1013	1012		preparation and execution of an annual operating budget, a capital improvement plan, and a887
1014	1013		capital budget, including requirements as to the scope, content, and form of such budgets and888
1015	1014		plans.889
1016	1015		SECTION 6.25.890
1017	1016		Submission of operating budget to town council.891
1018	1017		On or before a date fixed by the town council but not later than 30 days prior to the beginning892
1019	1018		of each fiscal year, the mayor shall submit to the town council a proposed operating budget893
1020	1019		for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor894
1021	1020		containing a statement of the general fiscal policies of the town, the important features of the895
1022	1021		budget, explanations of major changes recommended for the next fiscal year, a general896
1023	1022		summary of the budget, and such other pertinent comments and information. The operating897
1024	1023		budget and the capital budget hereinafter provided for, the budget message, and all supporting898
1025		-	documents shall be filed in the office of the town clerk and shall be open to public inspection.899 23 ~~SB 294/AP~~
	1024	+	documents shall be filed in the office of the town clerk and shall be open to public inspection.899 23 LC 47 2143
1026	1025		S. B. 294
1027	1026		- 41 -
1028	1027		SECTION 6.26.
1029	1028		900
1030	1029		Action by town council on operating budget.901
1031	1030		(a) The town council may amend the operating budget proposed by the mayor; provided that902
1032	1031		the budget as finally amended and adopted must provide for all expenditures required by state903
1033	1032		law or by other provisions of this charter and for all debt service requirements for the ensuing904
1034	1033		fiscal year, and the total appropriations from any fund shall not exceed the estimated fund905
1035	1034		balance, reserves, and revenues.906
1036	1035		(b) Not later than the last day of fiscal year, the town council shall adopt by ordinance the907
1037	1036		final operating budget for the ensuing fiscal year. If the town council fails to adopt the908
1038	1037		operating budget by the specified deadline, the amounts appropriated for operation for the909
1039	1038		current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month910
1040	1039		basis, with all items prorated accordingly until such time as the town council adopts a budget911
1041	1040		for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations912
1042	1041		ordinance setting out the estimated revenues in detail by sources and making appropriations913
1043	1042		according to fund and by organization unit, purpose, or activity as set out in the budget914
1044	1043		preparation ordinance adopted pursuant to Section 6.24 of this charter. 915
1045	1044		(c) The amount set out in the adopted operating budget for each organizational unit shall916
1046	1045		constitute the annual appropriation for such, and no expenditure shall be made or917
1047	1046		encumbrance created in excess of the otherwise unencumbered balance of the appropriations918
1048		-	or allotment thereof, to which it is chargeable.919 23 ~~SB 294/AP~~
	1047	+	or allotment thereof, to which it is chargeable.919 23 LC 47 2143
1049	1048		S. B. 294
1050	1049		- 42 -
1051	1050		SECTION 6.27.
1052	1051		920
1053	1052		Tax levies.921
1054	1053		The town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates922
1055	1054		set by such ordinances shall be such that reasonable estimates of revenues from such levy923
1056	1055		shall at least be sufficient, together with other anticipated revenues, fund balances, and924
1057	1056		applicable reserves, to equal the total amount appropriated for each of the several funds set925
1058	1057		forth in the annual operating budget for defraying the expenses of the general government of926
1059	1058		this town.927
1060	1059		SECTION 6.28.928
1061	1060		Changes in appropriations.929
1062	1061		The town council by ordinance may make changes in the appropriations contained in the930
1063	1062		current operating budget, at any regular meeting or special or emergency meeting called for931
1064	1063		such purpose, but any additional appropriations may be made only from an existing932
1065	1064		unexpended surplus.933
1066	1065		SECTION 6.29.934
1067	1066		Capital budget.935
1068	1067		(a) On or before the date fixed by the town council but no later than 30 days prior to the936
1069	1068		beginning of each fiscal year in which capital improvements are anticipated to be made by937
1070	1069		the town, the mayor shall submit to the town council a proposed capital improvements plan938
1071	1070		with a recommended capital budget containing the means of financing the improvements939
1072	1071		proposed for the ensuing fiscal year. The town council shall have power to accept, with or940
1073		-	without amendments, or reject any proposed plan and proposed budget. The town council941 23 ~~SB 294/AP~~
	1072	+	without amendments, or reject any proposed plan and proposed budget. The town council941 23 LC 47 2143
1074	1073		S. B. 294
1075	1074		- 43 -
1076	1075		shall not authorize an expenditure for the construction of any building, structure, work, or
1077	1076		942
1078	1077		improvement if the appropriations for such project are not included in the capital budget,943
1079	1078		except to meet a public emergency as provided in Section 2.25 of this charter. 944
1080	1079		(b) The town council shall adopt by ordinance any final capital budget for the ensuing fiscal945
1081	1080		year no later than the last day of fiscal year. No appropriation provided for in a prior capital946
1082	1081		budget shall lapse until the purpose for which the appropriation was made shall have been947
1083	1082		accomplished or abandoned; provided, however, the mayor may submit amendments to the948
1084	1083		capital budget at any time during the fiscal year, accompanied by recommendations regarding949
1085	1084		such amendments. Any such amendments to the capital budget shall become effective only950
1086	1085		upon adoption by ordinance.951
1087	1086		SECTION 6.30.952
1088	1087		Independent audit.953
1089	1088		There shall be an annual independent audit of all town accounts, funds, and financial954
1090	1089		transactions by a certified public accountant selected by the town council. The audit shall be955
1091	1090		conducted according to generally accepted auditing principles. Any audit of any funds by the956
1092	1091		state or federal governments may be accepted as satisfying the requirements of this charter.957
1093	1092		Copies of annual audit reports shall be available to the public at printing cost.958
1094	1093		SECTION 6.31.959
1095	1094		Contracting procedures.960
1096	1095		No contract with the town shall be binding on the town unless it is in writing, lawfully961
1097	1096		authorized by the town council, duly executed by proper town official, and entered in the962
1098		-	town council minute book pursuant to Section 2.20.963 23 ~~SB 294/AP~~
	1097	+	town council minute book pursuant to Section 2.20.963 23 LC 47 2143
1099	1098		S. B. 294
1100	1099		- 44 -
1101	1100		SECTION 6.32.
1102	1101		964
1103	1102		Centralized purchasing.965
1104	1103		The town council shall by ordinance prescribe any applicable policy or procedure governing966
1105	1104		any system of centralized purchasing used by the town.967
1106	1105		SECTION 6.33.968
1107	1106		Sale and lease of town property.969
1108	1107		(a) The town council may sell and convey or may lease any real or personal property owned970
1109	1108		or held by the town for governmental or other purposes as now or hereafter provided by law.971
1110	1109		(b) The town council may quitclaim any rights it may have in property not needed for public972
1111	1110		purposes upon report by the mayor and adoption of a resolution, both finding that the973
1112	1111		property is not needed for public or other purposes and that the interest of the town has no974
1113	1112		readily ascertainable monetary value.975
1114	1113		(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place976
1115	1114		of the town, a small parcel or tract of land is cutoff or separated by such work from a larger977
1116	1115		tract or boundary of land owned by the town, the town council may authorize the mayor to978
1117	1116		sell and convey said cutoff or separated parcel or tract of land to an abutting or adjoining979
1118	1117		property owner or owners where such sale and conveyance facilitates the enjoyment of the980
1119	1118		highest and best use of the abutting owner's property. Included in the sale contract shall be981
1120	1119		a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting982
1121	1120		property owner shall be notified of the availability of the property and given the opportunity983
1122	1121		to purchase said property under such terms and conditions as provided by the town council.984
1123	1122		All deeds and conveyances heretofore and hereafter so executed and delivered shall convey985
1124	1123		all title and interest the town has in such property, notwithstanding the fact that no public sale986
1125		-	after advertisement was or is hereafter made. 987 23 ~~SB 294/AP~~
	1124	+	after advertisement was or is hereafter made. 987 23 LC 47 2143
1126	1125		S. B. 294
1127	1126		- 45 -
1128	1127		(d) No lease or contract for sale of any interest in real or personal property owned or held by
1129	1128		988
1130	1129		the town for governmental or other purposes shall be binding on the town unless it is in989
1131	1130		writing and is authorized by the town council with such approval entered in the town council990
1132	1131		minute book.991
1133	1132		ARTICLE VII992
1134	1133		GENERAL PROVISIONS993
1135	1134		SECTION 7.10.994
1136	1135		Bonds for officials.995
1137	1136		The officers and employees of this town, both elected and appointed, shall execute such996
1138	1137		surety or fidelity bonds in such amounts and upon such terms and conditions as the town997
1139	1138		council shall from time to time require by ordinance or as may be provided by law. 998
1140	1139		SECTION 7.11.999
1141	1140		Existing ordinances, resolutions, rules, and regulations.1000
1142	1141		All ordinances, resolutions, rules, and regulations now in force in the town not inconsistent1001
1143	1142		with this charter are hereby declared valid and of full effect and force until amended or1002
1144	1143		repealed by the town council.1003
1145	1144		SECTION 7.12.1004
1146	1145		Pending matters.1005
1147	1146		Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1006
1148		-	contracts, and legal or administrative proceedings shall continue, and any such ongoing work1007 23 ~~SB 294/AP~~
	1147	+	contracts, and legal or administrative proceedings shall continue, and any such ongoing work1007 23 LC 47 2143
1149	1148		S. B. 294
1150	1149		- 46 -
1151	1150		or cases shall be completed by such town agencies, personnel, or offices as may be provided
1152	1151		1008
1153	1152		by the town council.1009
1154	1153		SECTION 7.13.1010
1155	1154		Construction.1011
1156	1155		(a) Section captions in this charter are informative only and are not to be considered as a part1012
1157	1156		thereof.1013
1158	1157		(b) The word "shall" is mandatory and the word "may" is permissive.1014
1159	1158		(c) The singular shall include the plural, the masculine shall include the feminine, and vice1015
1160	1159		versa.1016
1161	1160		SECTION 7.14.1017
1162	1161		Severability.1018
1163	1162		If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1019
1164	1163		held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1020
1165	1164		or impair other parts of this charter unless it clearly appears that such other parts are wholly1021
1166	1165		and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1022
1167	1166		legislative intent in enacting this charter that each article, section, subsection, paragraph,1023
1168		-	sentence, or part thereof be enacted separately and independent of each other.1024 23 ~~SB 294/AP~~
	1167	+	sentence, or part thereof be enacted separately and independent of each other.1024 23 LC 47 2143
1169	1168		S. B. 294
1170	1169		- 47 -
1171	1170		SECTION 7.15.
1172	1171		1025
1173	1172		Repealer.1026
1174	1173		(a) An Act to amend, consolidate, and supersede the several Acts incorporating the town of1027
1175	1174		Camak, in the County of Warren, State of Georgia, approved August 13, 1910 (Ga. L. 1910,1028
1176	1175		p. 433), and all amendatory Act thereto are hereby repealed in their entireties.1029
1177	1176		(b) All other laws and parts of laws in conflict with this Act are hereby repealed.1030