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Senate Bill 294
By: Senator Burns of the 23rd
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the Town of Camak; to provide for incorporation, boundaries,
1
and powers of the municipality; to provide for a governing authority and structure of such2
municipality and the powers, duties, authority, election, terms, vacancies, compensation,3
expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from4
office relative to members of such governing authority; to provide for inquiries and5
investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and6
procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro7
tempore and certain duties, powers, and other matters relative thereto; to provide for8
administrative affairs and responsibilities; to provide for boards, commissioners, and9
authorities; to provide for a town attorney, a town clerk, and other personnel and matters10
relating thereto; to provide for rules and regulations; to provide for a municipal court and the11
judge or judges thereof and other matters relative to those judges; to provide for the court's12
jurisdiction, powers, practices, and procedures; to provide for the right of appeal; to provide13
for elections and removal from office of elected officials; to provide for finance, taxation,14
licenses, and fees; to provide for franchises, service charges, and assessments; to provide for15
bonded and other indebtedness; to provide for municipal contracts and purchasing; to provide16
for budgeting; to provide for the conveyance of property and interests therein; to provide for17
bonds for officials; to provide for existing ordinances, resolutions, and rules; to provide for18
pending matters; to provide rules for construction; to provide for severability; to provide for19 23 SB 294/AP
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other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws;
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and for other purposes.21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22
ARTICLE I23
INCORPORATION AND POWERS24
SECTION 1.10.25
Name.26
This municipality and the inhabitants thereof are reincorporated by the enactment and this27
charter and are hereby constituted and declared a body politic and corporate under the name28
and style Town of Camak, Georgia, and by that name shall have perpetual succession.29
SECTION 1.11.30
Corporate boundaries.31
(a) The boundaries of this town shall be those existing on the effective date of the adoption32
of this charter with such alterations as may be made from time to time in the manner33
provided by law. The boundaries of this town at all times shall be shown on a map, a written34
description, or any combination thereof, to be retained permanently in the town hall and to35
be designated, as the case may be, the "Official [Map or Description] of the corporate limits36
of the Town of Camak, Georgia." Photographic, typed, or other copies of such map or37
description certified by the town clerk shall be admitted as evidence in all courts and shall38
have the same force and effect as with the original map or description.39 23 SB 294/AP
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(b) The town council may provide for the redrawing of any such map by ordinance to reflect
40
lawful changes in the corporate boundaries. A redrawn map or description shall supersede41
for all purposes the entire map or description which it is designated to replace.42
SECTION 1.12.43
Powers and construction.44
(a) This town shall have all powers possible for a municipal corporation to have under the45
present or future Constitution and laws of this state as fully and completely as though they46
were specifically enumerated in this charter. This town shall have all the powers of47
self-government not otherwise prohibited by this charter or by general law.48
(b) The powers of this town shall be construed liberally in favor of the town. This specific49
mention or failure to mention particular powers shall not be construed as limiting in any way50
the powers of the town.51
SECTION 1.13.52
Examples of powers.53
(a) The powers of the town shall include, but shall not be limited to, the following:54
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at55
large of animals and fowl and to provide for the impoundment of same if in violation of56
any ordinance or lawful order; to provide for the disposition by sale, gift, or humane57
destruction of animals and fowl when not redeemed as provided by ordinance; and to58
provide punishment for violation of ordinances enacted under this charter. 59
(2) Appropriations and expenditures. To make appropriations for the support of the60
government of the town; to authorize the expenditure of money for any purposes61
authorized by this charter and for any purpose for which a municipal corporation is62 23 SB 294/AP
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authorized by the laws of the State of Georgia; and to provide for the payment of
63
expenses of the town.64
(3) Building regulation. To regulate and to license the erection and construction of65
buildings and all other structures; to adopt building, housing, plumbing, fire safety,66
electrical, gas, and heating and air conditioning codes; and to regulate all housing and67
building trades.68
(4) Business regulation and taxation. To levy and to provide for the collection of69
regulatory fees and taxes on privileges, occupations, trades, and professions as authorized70
by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be71
enacted; to permit and regulate the same; to provide for the manner and method of72
payment of such regulatory fees and taxes; and to revoke such permits after due process73
for failure to pay any town taxes or fees.74
(5) Condemnation. To condemn property, inside or outside the corporate limits of the75
town, for present or future use and for any corporate purpose deemed necessary by the76
governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such77
other applicable laws as are or may hereafter be enacted.78
(6) Contracts. To enter into contracts and agreements with other governmental entities79
and with private persons, firms, and corporations.80
(7) Emergencies. To establish procedures for determining and proclaiming that an81
emergency situation exists within or outside the town, and to make and carry out all82
reasonable provisions deemed necessary to deal with or meet such an emergency for the83
protection, safety, health, or well-being of the citizens of the town.84
(8) Environmental protection. To protect and preserve the natural resources,85
environment, and vital areas of the town, the region, and the state through the86
preservation and improvement of air quality, the restoration and maintenance of water87
resources, the control of erosion and sedimentation, the management of solid and88
hazardous waste, and other necessary actions for the protection of the environment.89 23 SB 294/AP
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(9) Fire regulations. To fix and establish fire limits and from time to time to extend,
90
enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with91
general law, relating to both fire prevention and detection and to firefighting; and to92
prescribe penalties and punishment for violations thereof. 93
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection94
and disposal, and other sanitary service charge, tax, or fee for such services as may be95
necessary in the operation of the town from all individuals, firms, and corporations96
residing in or doing business therein benefiting from such services; to enforce the97
payment of such charges, taxes, or fees; and to provide for the manner and method of98
collecting such service charges.99
(11) General health, safety, and welfare. To define, regulate, and prohibit any act,100
practice, conduct, or use of property which is detrimental to health, sanitation,101
cleanliness, welfare, and safety of the inhabitants of the town and to provide for the102
enforcement of such standards.103
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for104
any purpose related to powers and duties of the town and the general welfare of its105
citizens, on such terms and conditions as the donor or grantor may impose.106
(13) Health and sanitation. To prescribe standards of health and sanitation and to107
provide for the enforcement of such standards.108
(14) Jail sentences. To provide that persons given jail sentences in the town's court may109
work out such sentences in any public works or on the streets, roads, drains, and other110
public property in the town; to provide for commitment of such persons to any jail; to111
provide for the use of pretrial diversion and any alternative sentencing allowed by law;112
and to provide for commitment of such persons to any county work camp or county jail113
by agreement with the appropriate county officials.114 23 SB 294/AP
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(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control
115
over all traffic, including parking upon or across the streets, roads, alleys, and walkways116
of the town.117
(16) Municipal agencies and delegation of power. To create, alter, or abolish118
departments, boards, offices, commissions, and agencies of the town and to confer upon119
such agencies the necessary and appropriate authority for carrying out all the powers120
conferred upon or delegated to the same.121
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the122
town and to issue bonds for the purpose of raising revenue to carry out any project,123
program, or venture authorized by this charter or the laws of the State of Georgia.124
(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or125
otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or126
outside the property limits of the town.127
(19) Municipal property protection. To provide for the preservation and protection of128
property and equipment of the town; to provide for the administration and use of same129
by the public; and to prescribe penalties and punishment for violations thereof.130
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose131
of public utilities, including but not limited to a system of waterworks, sewers, and132
drains, sewage disposal, gas works, electric light plants, cable television, and other133
telecommunications, transportation facilities, public airports, and any other public utility;134
and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and135
to provide for the withdrawal of service for refusal or failure to pay the same.136
(21) Nuisance. To define a nuisance and provide for its abatement whether on public or137
private property.138
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to139
the authority of this charter and the laws of the State of Georgia.140 23 SB 294/AP
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(23) Planning and zoning. To provide comprehensive town planning for development
141
by zoning and to provide subdivision regulation and the like as the town council deems142
necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;143
(24) Police and fire protection. To exercise the power to arrest through duly appointed144
police officers, and to establish, operate, or contract for a police and a firefighting145
agency;146
(25) Public hazards: removal. To provide for the destruction and removal of any147
building or other structure which is or may become dangerous or detrimental to the148
public.149
(26) Public improvements. To provide for the acquisition, construction, building,150
operation, and maintenance of public ways, parks and playgrounds, public grounds,151
recreational facilities, cemeteries, markets and market houses, public buildings, libraries,152
sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other153
public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, or154
charitable, cultural, educational, recreational, conservation, sport, curative, corrective,155
detentional, penal and medical institutions, and agencies and facilities; to provide any156
other public improvements, inside or outside the corporate limits of the town; and to157
regulate the use of public improvements; and for such purposes, property may be158
acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws159
as are or may hereafter be enacted.160
(27) Public peace. To provide for the prevention and punishment of loitering, disorderly161
conduct, drunkenness, riots, and public disturbances.162
(28) Public transportation. To organize and operate such public transportation systems163
as are deemed beneficial.164
(29) Public utilities and services. To grant franchises or make contracts for, or impose165
taxes on public utilities and public service companies; and to prescribe the rates, fares,166
regulations, and standards and conditions of service applicable to the service to be167 23 SB 294/AP
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provided by the franchise grantee or contractor, insofar as not in conflict with valid
168
regulations of the Georgia Public Service Commission.169
(30) Regulation of roadside areas. To prohibit or regulate and control the erection,170
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any171
and all other structures or obstructions upon or adjacent to the rights-of-way of streets and172
roads or within view thereof, within or abutting the corporate limits of the town; and to173
prescribe penalties and punishment for violation of such ordinances.174
(31) Retirement. To provide and maintain a retirement plan and other employee benefit175
plans and programs for officers and employees of the town.176
(32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade177
of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise178
improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and179
walkways within the corporate limits of the town; and to grant franchises and180
rights-of-ways throughout the streets and roads, and over the bridges and viaducts for the181
use of public utilities; and to require real estate owners to repair and maintain in a safe182
condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to183
do so.184
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,185
constructing, equipping, operating, maintaining, and extending of a sewage disposal plant186
and sewerage system, and to levy on those to whom sewers and sewerage systems are made187
available a sewer service fee, charge, or sewer tax for the availability or use of the sewers;188
to provide for the manner and method of collecting such service charges and for enforcing189
payment of the same; and to charge, impose, and collect a sewer connection fee or fees to190
those connected with the system.191
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,192
and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by193 23 SB 294/AP
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others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,
194
and other recyclable materials, and to provide for the sale of such items.195
(35) Special areas of public regulation. To regulate or prohibit junk dealers, the196
manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use197
of combustible, explosive, and inflammable materials, the use of lighting and heating198
equipment, and any other business or situation which may be dangerous to persons or199
property; to regulate and control the conduct of peddlers and itinerant traders, theatrical200
performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and201
tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult202
entertainment and novelty stores and businesses to certain areas.203
(36) Special assessments. To levy and provide for the collection of special assessments204
to cover the costs for any public improvements.205
(37) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and206
collection of taxes on all property subject to taxation.207
(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the208
future by law.209
(39) Urban redevelopment. To organize and operate an urban redevelopment program.210
(40) Other powers. To exercise and enjoy other powers, functions, rights, privileges, and211
immunities necessary or desirable to promote or protect the safety, health, peace, security,212
good order, comfort, convenience, or general welfare of the town and its inhabitants; and213
to exercise all implied powers necessary or desirable to carry into execution all powers214
granted in this charter as fully and completely as if such powers were fully stated in this215
charter; and to exercise all powers now or in the future authorized to be exercised by other216
municipal governments under other laws of the State of Georgia; and no listing of217
particular powers in this charter shall be held to be exclusive of others, nor restrictive of218
general words and phrases granting powers, but shall be held to be in addition to such219 23 SB 294/AP
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powers unless expressly prohibited to municipalities under the Constitution or applicable
220
laws of the State of Georgia. 221
(b) Forbearance in the exercise of any power of the town shall not constitute a waiver by the222
town to use any such power.223
SECTION 1.14. 224
Exercise of powers.225
All powers, functions, rights, privileges, and immunities of the town, its officers, agencies,226
or employees shall be carried into execution as provided by this charter. If this charter makes227
no provision, such shall be carried into execution as provided by ordinance or as provided228
by pertinent laws of the State of Georgia. 229
ARTICLE II230
GOVERNMENT STRUCTURE231
SECTION 2.10.232
Town council creation; number; election.233
The legislative authority of the government of this town, except as otherwise specifically234
provided in this charter, shall be vested in a town council to be composed of a mayor and five235
councilmembers. The town council established shall in all respects be a successor to and236
continuation of the governing authority under prior law. The mayor and councilmembers237
shall be elected in the manner provided by general law and this charter.238 23 SB 294/AP
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SECTION 2.11.
239
Town council terms and qualifications for office.240
The mayor and members of the town council shall serve for terms of four years and until241
their respective successors are elected and qualified. No person shall be eligible to serve as242
mayor or councilmember unless that person shall have been a resident of the town for 12243
months prior to the date of election of mayor or members of the council; each shall continue244
to reside therein during that member's period of service and to be registered and qualified to245
vote in municipal elections of this town.246
SECTION 2.12.247
Vacancy; filling of vacancies.248
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death,249
resignation, forfeiture of office, or occurrence of any event specified by the Constitution of250
the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may251
hereafter be enacted.252
(b) A vacancy in the office of mayor or of any councilmember shall be filled for the253
remainder of the unexpired term, if any, by appointment by the town council or those254
members remaining if less than six months remains in the unexpired term. If such vacancy255
occurs six months or more prior to the expiration of the term of that office, it shall be filled256
for the remainder of the unexpired term by a special election, as provided for in Section 5.15257
of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws258
as are or may hereafter be enacted.259
(c) This provision shall also apply to a temporary vacancy created by the suspension from260
office of the mayor or of any councilmember.261 23 SB 294/AP
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SECTION 2.13.
262
Compensation and expenses.263
The mayor and councilmembers shall receive compensation and expenses, if any, for their264
services as provided by ordinance.265
SECTION 2.14.266
Conflicts of interest; holding other offices.267
(a) Elected and appointed officers of the town are trustees and servants of the residents of268
the town and shall act in a fiduciary capacity for the benefit of such residents.269
(b) No elected official, appointed officer, or employee of the town or any agency or political270
entity to which this charter applies shall knowingly:271
(1) Engage in any business or transaction, or have a financial or other personal interest,272
direct or indirect, which is incompatible with the proper discharge of that person's official273
duties or which would tend to impair the independence of the official's judgment or action274
in the performance of those official duties;275
(2) Engage in or accept private employment, or render services for private interests when276
such employment or service is incompatible with the proper discharge of that person's277
official duties or would tend to impair the independence of the official's judgment or278
action in the performance of those official duties;279
(3) Disclose confidential information, including information obtained at meetings which280
are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,281
government, or affairs of the governmental body by which the official is engaged without282
proper legal authorization; or use such information to advance the financial or other283
private interest of that person or others;284 23 SB 294/AP
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(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from
285
any person, firm, or corporation which to the official's knowledge is interested, directly or286
indirectly, in any manner whatsoever, in business dealings with the governmental body by287
which the official is engaged; provided, however, that an elected official who is a candidate288
for public office may accept campaign contributions and services in connection with any289
such campaign;290
(5) Represent other private interests in any action or proceeding against this town or any291
portion of its government; or292
(6) Vote on or otherwise participate in the negotiation or in the making of any contract293
with any business or entity in which the official or a member of his or her family, including294
any spouse, child, grandchild, parent, grandparent, or sibling, whether by consanguinity or295
affinity, has a financial interest.296
(c) Any elected official, appointed officer, or employee who shall have any financial297
interest, directly or indirectly, in any contract or matter pending before or within any298
department of the town shall disclose such interest to the town council. The mayor or any299
councilmember who has a financial interest in any matter pending before the town council300
shall disclose such interest and such disclosure shall be entered on the records of the town301
council, and that official shall disqualify himself or herself from participating in any decision302
or vote relating thereto. Any elected official, appointed officer, or employee of any agency303
or political entity to which this charter applies who shall have any financial interest, directly304
or indirectly, in any contract or matter pending before or within such entity shall disclose305
such interest to the governing body of such agency or entity.306
(d) No elected official, appointed officer, or employee of the town or any agency or entity307
to which this charter applies shall use property owned by such governmental entity for308
personal benefit, convenience, or profit, except in accordance with policies promulgated by309
the town council or the governing body of such agency or entity.310 23 SB 294/AP
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(e) Any violation of this section which occurs with the knowledge, express or implied, of
311
a party to a contract or sale shall render said contract or sale voidable at the option of the312
town council.313
(f) Except where authorized by law, neither the mayor nor any councilmember shall hold314
any other elective or compensated appointive office in the town or otherwise be employed315
by the Town of Camak or any agency thereof during the term for which that person was316
elected. No former mayor and no former councilmember shall hold any compensated317
appointive office in the town until one year after the expiration of the term for which that318
person was elected.319
(g) No appointive officer of the town shall continue in such employment upon qualifying320
as a candidate for nomination or election to any public office. No employee of the town shall321
continue in such employment upon qualifying for or election to any public office in this town322
or any other public office which is inconsistent, incompatible, or in conflict with the duties323
of the town employee. Such determination shall be made by the mayor and council either324
immediately upon election or at any time such conflict may arise.325
(h) Penalties for violation of this section shall include the following:326
(1) Any town officer or employee who knowingly conceals such financial interest or327
knowingly violates any of the requirements of this section shall be guilty of malfeasance328
in office or position and shall be deemed to have forfeited that person's office or position.329
(2) Any officer or employee of the town who shall forfeit an office or position as described330
in paragraph (1) above shall be ineligible for appointment or election to or employment in331
a position in the town government for a period of three years thereafter.332 23 SB 294/AP
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SECTION 2.15.
333
Inquiries and investigations.334
Following the adoption of an authorizing resolution, the town council may make inquiries335
and investigations into the affairs of the town and the conduct of any department, office, or336
agency thereof, and for this purpose may subpoena witnesses, administer oaths, take337
testimony, and require the production of evidence. Any person who fails or refuses to obey338
a lawful order issued in the exercise of these powers by the town council shall be punished339
as provided by ordinance.340
SECTION 2.16.341
General power and authority of the town council.342
(a) Except as otherwise provided by law or this charter, the town council shall be vested with343
all the powers of government of this town.344
(b) In addition to all other powers conferred upon it by law, the town council shall have the345
authority to adopt and provide for the execution of such ordinances, resolutions, rules, and346
regulations, not inconsistent with this charter and the Constitution and the laws of the State347
of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,348
protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,349
or well-being of the inhabitants of the Town of Camak and may enforce such ordinances by350
imposing penalties for violation thereof.351 23 SB 294/AP
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SECTION 2.17.
352
Eminent domain.353
The town council is hereby empowered to acquire, construct, operate, and maintain public354
ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,355
sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,356
hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,357
penal, and medical institutions, agencies, and facilities and any other public improvements358
inside or outside the town and to regulate the use thereof; for such purposes, property may359
be condemned under procedures established under general law applicable now or as provided360
in the future. 361
SECTION 2.18.362
Oath of office; organizational meeting.363
(a) The mayor and members of the town council shall subscribe to the oath of office before364
serving under this charter. 365
(b) The town council shall hold an organizational meeting each January. The meeting shall366
be called to order by the mayor, and the oath of office shall be administered to the newly367
elected members by a judicial officer authorized to administer oaths and shall, to the extent368
that it comports with federal and state law, be as follows:369
"I do solemnly (swear)(affirm) that I will well and truly demean myself as370
(mayor)(councilmember) of the Town of Camak for the ensuing term, and that I will371
faithfully enforce the charter and ordinances of said town to the best of my skill and ability,372
without fear or favor, so help me God."373 23 SB 294/AP
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SECTION 2.19.
374
Regular and special meetings.375
(a) The town council shall hold regular meetings at such times and places as shall be376
prescribed by ordinance.377
(b) Special meetings of the town council may be held on call of the mayor or at least two378
members of the town council. Notice of such special meetings shall be served on all other379
members personally, or by telephone personally, at least 48 hours in advance of the meeting.380
Such notice to councilmembers shall not be required if the mayor and all councilmembers are381
present when the special meeting is called. Such notice of any special meeting may be382
waived by any councilmember in writing before or after such a meeting, and attendance at383
the meeting shall also constitute a waiver of notice concerning business transacted in the384
presence of any councilmember. Only the business stated in the call may be transacted at the385
special meeting, except by unanimous consent of all members of the council.386
(c) All meetings of the town council shall be public to the extent required by law, and notice387
to the public of special meetings shall be made fully as is reasonably possible as provided by388
Chapter 14 of Title 50 of the O.C.G.A. or other such applicable laws as are or may hereafter389
be enacted.390
SECTION 2.20.391
Rules of procedure.392
The town council shall adopt its rules of procedure and order of business consistent with the393
provisions of this charter and shall provide for keeping a minute book of its proceedings,394
which shall be a public record. 395 23 SB 294/AP
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SECTION 2.21.
396
Committees.397
(a) The mayor shall have the authority to establish committees which shall be empowered398
to make recommendations to the town council for conducting the affairs of the town. The399
mayor shall appoint members for any committee so established, and committee members400
shall serve at the pleasure of the mayor. Members of the town council shall have the right401
to serve as ex officio members of any committee but shall not have the right to vote on402
committee business.403
(b) Neither the mayor nor the town council is bound by any recommendation made by a404
committee.405
SECTION 2.22.406
Quorum; voting.407
(a) The mayor and three councilmembers shall constitute a quorum and shall be authorized408
to transact business of the town council. In the absence of the mayor, four councilmembers409
shall constitute a quorum and shall be authorized to transact business of the town council.410
Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded411
in the minutes, but any member of the town council shall have the right to request a roll call412
vote and such vote shall be recorded in the minute book. On all questions before the town413
council, the mayor, or the mayor pro tempore if he or she is presiding, shall be entitled to vote414
only in the case of a tie. Except as otherwise provided in this charter, the affirmative vote of415
three members, either three councilmembers or the mayor and two councilmembers, shall be416
required for the town council to take any action, including but not limited to the adoption of417
any ordinance, resolution, or motion.418
(b) An abstention noted on the record shall be counted as a negative vote.419 23 SB 294/AP
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SECTION 2.23.
420
Ordinance form; procedures.421
(a) Every proposed ordinance should be introduced in writing and in the form required for422
final adoption. No ordinance shall contain a subject which is not expressed in its title. The423
enacting clause shall be "It is hereby ordained by the governing authority of the Town of424
Camak" and every ordinance shall so begin.425
(b) An ordinance may be introduced by the mayor or by any councilmember and be read at426
a regular or special meeting of the town council. Ordinances shall be considered and adopted427
or rejected by the town council in accordance with the rules which it shall establish; provided428
that it shall not be necessary to give any notice to the public of intention to introduce any429
ordinance, resolution, rule, or regulation, either before or after its passage, other than such430
notice or publication as is given by recording of the same in a book maintained and kept in431
accordance with Section 2.27 of this charter.432
(c) Upon adoption of any ordinance, the town clerk shall file a copy in the office of the clerk433
and shall as soon as practicable distribute a copy to the mayor and to each councilmember.434
The town clerk shall also distribute a copy to any person or public place specifically435
designated by the town council.436
SECTION 2.24. 437
Action requiring an ordinance.438
Acts of the town council which have the force and effect of law shall be enacted by439
ordinance.440 23 SB 294/AP
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SECTION 2.25.
441
Emergencies.442
(a) To meet a public emergency affecting life, health, property, or public peace, the town443
council may convene on call of the mayor and two councilmembers or three councilmembers444
and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes;445
grant, renew, or extend a franchise; regulate the rate charged by any public utility for its446
services; or authorize the borrowing of money except for loans to be repaid within 30 days447
with funds already in the treasury. An emergency ordinance shall be introduced in the form448
prescribed for ordinances generally, except that it shall be plainly designated as an emergency449
ordinance and shall contain, after the enacting clause, a declaration stating that an emergency450
exists, and describing the emergency in clear and specific terms. An emergency ordinance451
may be adopted, with or without amendment, or rejected at the meeting at which it is452
introduced, but the affirmative vote of three members, either the mayor and two453
councilmembers or three councilmembers, shall be required for adoption. It shall become454
effective upon adoption or at such later time as it may specify. Every emergency ordinance455
shall automatically stand repealed 30 days following the date upon which it was adopted, but456
this shall not prevent reenactment of the ordinance in the manner specified in this section if457
the emergency still exists. An emergency ordinance may also be repealed by adoption of a458
repealing ordinance in the same manner specified in this section for adoption of emergency459
ordinances.460
(b) Such meetings shall be open to the public to the extent required by law and notice to the461
public of emergency meetings shall be made as fully as is reasonably possible in accordance462
with section Title 50, Chapter 14 of the O.C.G.A., or such other applicable laws as are or may463
hereafter be enacted.464 23 SB 294/AP
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SECTION 2.26.
465
Codes of technical regulations.466
(a) The town council may adopt any standard code of technical regulations by reference467
thereto in an adopting ordinance. The procedure and requirements governing such adopting468
ordinance shall be as prescribed for ordinances generally except that:469
(1) The requirements of subsection (c) of Section 2.23 for filing and distribution of copies470
of an ordinance shall be construed to include copies of any code of technical regulations,471
as well as the adopting ordinance; and472
(2) A copy of each adopted code of technical regulations, as well as the adopting473
ordinance, shall be authenticated and recorded by the town clerk pursuant to Section 2.27.474
(b) Copies of any adopted code of technical regulations shall be made available by the town475
clerk for inspection by the public.476
SECTION 2.27. 477
Signing; authenticating; recording; codification; printing.478
(a) All ordinances duly adopted by the council shall be authenticated by the clerk's signature479
and recorded in full in a properly indexed book kept for that purpose.480
(b) The town council shall provide for the preparation of a general codification of all the481
ordinances of the town having the force and effect of law. The general codification shall be482
adopted by the town council by ordinance and shall be published promptly, together with all483
amendments thereto and such codes of technical regulations and other rules and regulations484
as the town council may specify. This codification shall be known and may be cited officially485
as "The Code of Ordinances of the Town of Camak, Georgia." Copies of the code shall be486
furnished to all officers, departments, and agencies of the town and made available for487
purchase by the public at a reasonable price as fixed by the town council.488 23 SB 294/AP
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(c) The town council shall cause each ordinance and each amendment to this charter to be
489
printed promptly following its adoption, and the printed ordinances and charter amendments490
shall be made available for purchase by the public at reasonable prices to be fixed by the town491
council. Following publication of the first code under this charter and at all times thereafter,492
the ordinances and charter amendments shall be printed in substantially the same style as the493
code currently in effect and shall be suitable in form for incorporation therein. The town494
council shall make such further arrangements as deemed desirable with reproduction and495
distribution of any current changes in or additions to codes of technical regulations and other496
rules and regulations included in the code.497
SECTION 2.28. 498
Selection of mayor.499
At each regular election, the voters of the town shall elect a mayor at large for a term of four500
years. The mayor shall be a qualified elector of the town and shall have been a resident of501
the town for 12 months prior to the date of election. The mayor shall continue to reside in502
the town during the period of service. The mayor shall forfeit the office on the same grounds503
and under the same procedure as for councilmembers. The compensation, if any, of the504
mayor shall be established in the same manner as for councilmembers. 505
SECTION 2.29. 506
Chief executive officer.507
The mayor shall be the chief executive of this town and shall preside at all meetings of the508
town council where the mayor is in attendance. The mayor shall possess all the executive and509
administrative power granted to the town under the constitution and laws of the State of510
Georgia, and all the executive and administrative powers contained in this charter.511 23 SB 294/AP
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SECTION 2.30.
512
Powers and duties of mayor.513
As the chief executive officer of this town, the mayor shall:514
(1) See that all laws and ordinances of the town are faithfully executed;515
(2) Appoint and remove all officers, department directors, and employees of the town,516
except as otherwise provided in this charter;517
(3) Exercise supervision over all executive and administrative work of the town and518
provide for the coordination of administrative activities;519
(4) Prepare and submit to the town council a recommended operating budget and, when520
capital expenditures are anticipated, a recommended capital budget;521
(5) Submit to the town council at least once a year a statement covering the financial522
conditions of the town, and, from time to time, such other information as the town council523
may request;524
(6) Recommend to the town council such measures relative to the affairs of the town,525
improvement of the government, and promotion of the welfare of its inhabitants as the526
mayor may deem appropriate;527
(7) Call special meetings of the town council as provided for in subsection (b) of528
Section 2.19;529
(8) Approve or disapprove ordinances as provided in Section 2.31;530
(9) Provide for an annual audit of all accounts of the town;531
(10) Require any department or agency of the town to submit written reports whenever532
the mayor deems it appropriate; and533
(11) Perform such other duties as may be required by law, this charter, or by ordinance.534 23 SB 294/AP
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SECTION 2.31.
535
Submission of ordinances to the mayor; veto power.536
(a) Every ordinance adopted by the town council shall be presented promptly by the clerk537
to the mayor.538
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk539
with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has540
been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance541
is neither approved nor disapproved, it shall become law at 12:00 noon on the tenth calendar542
day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town543
council through the clerk a written statement of reasons for the veto. The clerk shall record544
upon the ordinance the date of its delivery to and receipt from the mayor.545
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its546
next meeting. If the town council then or at its next meeting adopts the ordinance by an547
affirmative vote of four council members, it shall become law notwithstanding the mayor's548
prior veto.549
SECTION 2.32. 550
Mayor pro tempore; selection; duties.551
By majority vote, the town council shall elect from among its members a mayor pro tempore552
who shall preside at all meetings of the town council and shall assume the duties and powers553
of the mayor upon the mayor's disability, suspension from office, or absence. The town554
council shall, by majority vote, elect from among its members a new presiding officer for any555
period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such556
absence or disability shall be declared by majority vote of all councilmembers. When serving557
as mayor, the mayor pro tempore shall not also vote as a member of the town council.558 23 SB 294/AP
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ARTICLE III
559
ADMINISTRATIVE AFFAIRS560
SECTION 3.10.561
Administrative and service departments.562
(a) Except as otherwise provided in this charter, the town council, by ordinance, shall563
prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all564
nonelective offices, positions of employment, departments, and agencies of the town, as565
necessary for the proper administration of the affairs and government of this town.566
(b) Except as otherwise provided by this charter or by law, the directors of departments and567
other appointive officers of the town shall be appointed solely on the basis of their respective568
administrative and professional qualifications.569
(c) All appointive officers and directors of departments shall receive such compensation as570
prescribed by ordinance or resolution.571
(d) There shall be a director of each town department or agency who shall be its principal572
officer. Each director shall, subject to the direction and supervision of the mayor, be573
responsible for the administration and direction of the affairs and operations of that director's574
department or agency.575
(e) All directors of departments under the supervision of the mayor shall be nominated by576
the mayor with confirmation of appointment by the town council. 577
(f) All appointive officers and directors shall be employees at will and subject to removal or578
suspension at any time by the mayor in the manner not inconsistent with any personnel policy579
and procedure manual adopted by the town council.580 23 SB 294/AP
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SECTION 3.11.
581
Boards, commissions, and authorities.582
(a) The town council shall create by resolution or ordinance such boards, commissions, and583
authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the town584
council deems necessary, and shall by resolution or ordinance establish the composition,585
period of existence, and duties and powers thereof.586
(b) All members of boards, commissions, and authorities of the town shall be appointed by587
the town council for such terms of office and in such manner as shall be provided by588
ordinance, except where other appointing authority, terms of office, or manner of589
appointment is prescribed by this charter or by law.590
(c) The town council, by ordinance, may provide for the compensation and reimbursement591
for actual and necessary expenses of the members of any board, commission, or authority.592
(d) Except as otherwise provided by charter or by law, no member of any board, commission,593
or authority shall hold any elective office in the town.594
(e) Any vacancy on a board, commission, or authority of the town shall be filled for the595
unexpired term in the manner prescribed in this charter for original appointment, except as596
otherwise provided by this charter or by law.597
(f) No member of a board, commission, or authority shall assume office until that person has598
executed and filed with the town clerk an oath obligating himself or herself to faithfully and599
impartially perform the duties of that member's office.600
(g) All members of boards, commissions, or authorities serve at will and may be removed601
at any time by a vote of four members of the town council unless otherwise provided by law.602
(h) Except as otherwise provided by this charter or by law, each board, commission, or603
authority of the town shall elect one of its members as chair and one member as vice chair,604
and may elect as its secretary one of its own members or may appoint as secretary an605
employee of the town. Each board, commission, or authority of the town government may606 23 SB 294/AP
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establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances
607
of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or608
the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the609
town clerk.610
SECTION 3.12.611
Town attorney.612
(a) The mayor and town council shall appoint a town attorney, together with such assistant613
town attorneys as may be authorized, and shall provide for the payment of such attorney or614
attorneys for services rendered to the town. The town attorney shall be responsible for615
providing for the representation and defense of the town in all litigation in which the town616
is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of617
the council as directed; shall advise the town council, mayor, and other officers and618
employees of the town concerning legal aspects of the town's affairs; and shall perform such619
other duties as may be required by virtue of the person's position as town attorney.620
(b) The town attorney is not a public official of the town and does not take an oath of office.621
The town attorney shall at all times be an independent contractor. A law firm, rather than an622
individual, may be designated as the town attorney.623
SECTION 3.13.624
Town clerk.625
The mayor and town council shall appoint a town clerk, also known as the clerk, who shall626
not be a councilmember. The town clerk shall be custodian of the official town seal and town627
records; maintain town council records required by this charter; attend meetings of the town628 23 SB 294/AP
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council and keep minutes of its proceedings at such meetings, and perform such other duties
629
as may be required by the town council.630
SECTION 3.14.631
Town employees.632
All town employees serve at will and may be removed from office at any time unless633
otherwise provided by ordinance. The town council shall adopt by ordinance a personnel634
policy and procedure manual which shall govern the terms and conditions of employment for635
all town employees.636
ARTICLE IV637
JUDICIAL BRANCH638
SECTION 4.10.639
Creation; name.640
There shall be a court to be known as the municipal court of the Town of Camak, although641
the town council shall not be required to operate the municipal court unless it deems such642
action necessary and may by contract arrange for another court in Warren County to fulfill643
the duties and functions of the municipal court. 644
SECTION 4.11.645
Chief judge; associate judge.646
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,647
or stand-by judges as shall be provided by ordinance.648 23 SB 294/AP
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(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless
649
that person shall have attained the age of 21 years, shall be a member of the State Bar of650
Georgia, and shall possess all qualifications required by law. All judges shall be appointed651
by the town council and shall serve until a successor is appointed and qualified.652
(c) Compensation of the judges shall be fixed by ordinance.653
(d) Judges serve a term and may be removed from office as provided pursuant to general law.654
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge655
shall honestly and faithfully discharge the duties of the office to the best of that person's656
ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of657
the town council.658
SECTION 4.12.659
Convening.660
The municipal court shall be convened at regular intervals as provided by ordinance.661
SECTION 4.13.662
Jurisdiction; powers.663
(a) The municipal court shall have jurisdiction and authority to try and punish violations of664
this charter, all town ordinances, and such other violations as provided by law.665
(b) The municipal court shall have authority to punish those in its presence for contempt,666
provided that such punishment shall not exceed $200.00 or ten days in jail.667
(c) The municipal court may fix punishment for each offense within its jurisdiction not668
exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and669
imprisonment; in addition to the foregoing, the municipal court may impose alternative670
sentencing as now or hereafter provided by law.671 23 SB 294/AP
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(d) The municipal court shall have authority to establish a schedule of fees to defray the cost
672
of operation and shall be entitled to reimbursement of the cost of meals, transportation, and673
caretaking of prisoners bound over to superior courts for violations of state law.674
(e) The municipal court shall have authority to establish bail and recognizances to ensure the675
presence of those charged with violations before said court and shall have discretionary676
authority to accept cash or personal or real property as surety for the appearance of persons677
charged with violations. Whenever any person shall give bail for that person's appearance678
and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge679
presiding at such time, and an execution issued thereon by serving the defendant and the680
defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the681
event that cash or property is accepted in lieu of bond for security for the appearance of a682
defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,683
the cash so deposited shall be on order of the judge declared forfeited to the town, or the684
property so deposited shall have a lien against it for the value forfeited which lien shall be685
enforceable in the same manner and to the same extent as a lien for town property taxes. 686
(f) The municipal court shall have the same authority as superior courts to compel the687
production of evidence in the possession of any party; to enforce obedience to its orders,688
judgments, and sentences; and to administer such oaths as are necessary. 689
(g) The municipal court may compel the presence of all parties necessary to a proper disposal690
of each case by the issuance of summonses, subpoenas, and warrants which may be served691
as executed by any officer as authorized by this charter or by law.692
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of693
persons charged with offenses against any ordinance of the town, and each judge of the694
municipal court shall have the same authority as a magistrate of the state to issue warrants for695
offenses against state laws committed within the town.696 23 SB 294/AP
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SECTION 4.14.
697
Certiorari.698
The right of appeal from the decision and judgment of the municipal court shall exist in all699
criminal cases and ordinance violation cases, and such appeals shall be conducted as provided700
under the laws of the State of Georgia regulating the appeals from municipal courts.701
SECTION 4.15.702
Rules for court.703
The judge shall have authority to make reasonable rules and regulations necessary and proper704
to secure the efficient and successful administration of the municipal court; provided,705
however, that the town council may reject any rules and regulations adopted by the judge.706
Any rules and regulations made or adopted by the judge shall be filed with the town clerk,707
shall be available for public inspection, and, upon request, shall be furnished to all defendants708
in municipal court proceedings at least 48 hours prior to said proceedings.709
ARTICLE V710
ELECTIONS AND REMOVAL711
SECTION 5.10.712
Applicability of general law.713
All primaries and elections shall be held and conducted in accordance with Chapter 2 of714
Title 21 of the O.C.G.A. the "Georgia Election Code," as now or hereafter amended, or such715
other applicable laws as are or may hereafter be enacted. 716 23 SB 294/AP
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SECTION 5.11.
717
Election of the town council and mayor.718
(a) There shall be a municipal general election every four years on the Tuesday next719
following the first Monday in November.720
(b) Voting in the municipal election shall take place at any place in Warren County so721
designated by ordinance. 722
(c) There shall be elected the mayor and five councilmembers at one election and at every723
other regular election thereafter. Terms shall be for four years.724
(d) At the time of the adoption of this charter, persons serving in the office of mayor and725
town council shall continue to serve out the terms to which they were previously elected.726
(e) The terms of the office shall begin on January 1 following the November election.727
SECTION 5.12.728
Nonpartisan elections.729
Political parties shall not conduct primaries for municipal offices, and all names of candidates730
for municipal offices shall be listed without party designations.731
SECTION 5.13.732
Election of mayor by majority.733
(a) Each citizen lawfully entitled to vote shall be entitled to cast one vote for mayor.734
(b) The person receiving a majority of the votes cast for mayor shall be elected mayor.735 23 SB 294/AP
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SECTION 5.14.
736
Election of town council by plurality.737
(a) Each citizen lawfully entitled to vote shall be entitled to vote for up to five candidates for738
town councilmembers during an election. Votes cannot be combined, and no citizen can cast739
more than one vote for any single candidate.740
(b) The five candidates receiving the most votes cast for town council membership shall be741
elected to town council.742
SECTION 5.15.743
Special elections; vacancies.744
In the event the office of mayor or of any councilmember shall become vacant as provided745
in Section 2.12 of this charter, the town council or those remaining thereon shall order a746
special election to fill the balance of the unexpired term of such official; provided, however,747
if such vacancy occurs within six months of the expiration of the term of that office, the town748
council or those members remaining shall appoint a successor for the reminder of the term.749
In all other respects, the special election shall be held and conducted in accordance with750
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter751
amended. 752
SECTION 5.16.753
Other provisions.754
Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe755
such rules and regulations it deems appropriate to fulfill any options and duties under756 23 SB 294/AP
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Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
757
amended. 758
SECTION 5.17.759
Removal of mayor and councilmembers.760
(a) The mayor and councilmembers provided for in this charter shall be removed from office761
for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other762
applicable laws as are or may hereafter be enacted.763
(b) Removal of the mayor or a councilmember pursuant to subsection (a) of this section shall764
be accomplished by one of the following methods:765
(1) Following a hearing at which an impartial panel shall render a decision. When the766
mayor or a councilmember is sought to be removed by the action of the town council,767
such officer shall be entitled to a written notice specifying the ground or grounds for768
removal and to a public hearing which shall be held not less than ten days after the service769
of such written notice. The town council shall provide by ordinance the manner in which770
such hearings shall be held. Any mayor or councilmember sought to be removed from771
office as provided in the charter shall have the right of appeal from the decision of the772
town council to the Superior Court of Warren County. Such appeal shall be governed by773
the same rules as govern appeals to the superior court from the probate court. 774
(2) By an order of the Superior Court of Warren County following a hearing on a775
complaint seeking such removal of the mayor or any councilmember brought by any776
resident of the Town of Camak. 777 23 SB 294/AP
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ARTICLE VI
778
FINANCE779
SECTION 6.10.780
Property tax.781
The town council may assess, levy, and collect an ad valorem tax on all real and personal782
property within the corporate limits of the town that is subject to such taxation by the state783
and county. This tax is for the purpose of raising revenues to defray the costs of operating784
the town government, of providing governmental services, for the repayment of principal and785
interest on general obligations, and for any public purpose as determined by the town council786
in its discretion.787
SECTION 6.11.788
Millage rate; due dates; payment methods.789
The town council, by ordinance, shall have the power to establish a millage rate for the town790
property tax, a due date, and the time within which these taxes must be paid. The town791
council, by ordinance, shall have the power to provide for the payment of these taxes by792
installments or in one lump sum, as well as authorize the voluntary payment of taxes prior793
to the time when due.794
SECTION 6.12.795
Occupation and business taxes.796
The town council, by ordinance, shall have the power to levy such occupation or business797
taxes as are not denied by law. The town council may classify businesses, occupations, or798 23 SB 294/AP
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professions for the purpose of such taxation in any way which may be lawful and may compel
799
the payment of such taxes as provided in Section 6.18 of this charter.800
SECTION 6.13.801
Regulatory fees; permits.802
The town council, by ordinance, shall have the power to require businesses or practitioners803
doing business within this town to obtain a permit for such activity from the town and pay804
a regulatory fee for such permit as provided by general law. Such fees shall reflect the total805
cost to the town of regulating the activity, and if unpaid, shall be collected as provided in806
Section 6.18 of this charter.807
SECTION 6.14.808
Franchises.809
(a) The town council shall have the power to grant franchises for the use of this town's streets810
and alleys for the purposes of railroads, street railways, telephone companies, electric811
companies, electric membership corporations, cable television, and other telecommunications812
companies, gas companies, transportation companies, and other similar organizations. The813
town council shall determine the duration, terms, whether the same shall be exclusive or814
nonexclusive, and the consideration for such franchises; provided, however, no franchise815
shall be granted for a period in excess of 35 years, and no franchise shall be granted unless816
the town receives just and adequate compensation therefor. The town council shall provide817
for the registration of all franchises with the town clerk in a registration book kept by the818
clerk. The town council may provide by ordinance for the registration within a reasonable819
time of all franchises previously granted. 820 23 SB 294/AP
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(b) If no franchise agreement is in effect, the town council has the authority to impose a tax
821
on gross receipts for the use of this town's streets and alleys for the purposes of railroads,822
street railways, telephone companies, electric companies, electric membership corporations,823
cable television and other telecommunications companies, gas companies, transportation824
companies and other similar organizations. 825
SECTION 6.15.826
Service charges.827
The town council, by ordinance, shall have the power to assess and collect fees, charges,828
assessments, and tolls for sewers, sanitary and health services, or any other services provided829
or made available within and without the corporate limits of the town for the total cost to the830
town of providing or making available such services. If unpaid, such charges shall be831
collected as provided in Section 6.18 of this charter. 832
SECTION 6.16.833
Special assessments.834
The town council, by ordinance, shall have the power to assess and collect the cost of835
constructing, reconstructing, widening, or improving any public way, street, sidewalk,836
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property837
owners under such terms and conditions as are reasonable. If unpaid, such charges shall be838
collected as provided in Section 6.18 of this charter.839 23 SB 294/AP
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SECTION 6.17.
840
Construction; other taxes and fees.841
This town shall be empowered to levy any other tax or fee allowed now or hereafter by law,842
and the specific mention of any right, power, or authority in this article shall not be construed843
as limiting in any way the general powers of this town to govern its local affairs.844
SECTION 6.18.845
Collection of delinquent taxes and fees.846
The town council, by ordinance, may provide generally for the collection of delinquent taxes,847
fees, or other revenue due the town under Article VI of this charter by whatever reasonable848
means as are not precluded by law. This shall include providing for the dates when the taxes849
or fees are due; late penalties or interest; issuance and execution of writs of fieri facias;850
creation and priority of liens; making delinquent taxes and fees personal debts of the persons851
required to pay the taxes or fees imposed; revoking municipal permits for failure to pay any852
town taxes or fees; and providing for the assignment or transfer of tax executions. 853
SECTION 6.19.854
General obligation bonds.855
The town council shall have the power to issue bonds for the purpose of raising revenue to856
carry out any project, program, or venture authorized under this charter or the laws of the857
state. Such bonding authority shall be exercised in accordance with the laws governing bond858
issuance by municipalities in effect at the time said issue is undertaken.859 23 SB 294/AP
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SECTION 6.20.
860
Revenue bonds.861
Revenue bonds may be issued by the town council as state law now or hereafter provides.862
Such bonds are to be paid out of any revenue produced by the project, program, or venture863
for which they were issued.864
SECTION 6.21.865
Short-term loans.866
The town may obtain short-term loans and must repay such loans not later than the end of its867
fiscal year, unless otherwise provided by law.868
SECTION 6.22.869
Lease-purchase contracts.870
The town may enter into multi-year leases, purchases, or lease-purchase contracts for the871
acquisition of goods, materials, real and personal property, services, and supplies, provided872
that the contract terminates without further obligation on the part of the town at the close of873
the calendar year in which it was executed and at the close of each succeeding calendar year874
for which it may be renewed. Contracts must be executed in accordance with the875
requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are876
or may hereafter be enacted.877 23 SB 294/AP
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SECTION 6.23.
878
Fiscal year.879
The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the880
budget year and the year for financial accounting and reporting of each office, department,881
agency, and activity of the town government unless otherwise provided by state or federal882
law.883
SECTION 6.24.884
Preparation of budgets.885
The town council shall provide an ordinance on the procedures and requirements for the886
preparation and execution of an annual operating budget, a capital improvement plan, and a887
capital budget, including requirements as to the scope, content, and form of such budgets and888
plans.889
SECTION 6.25.890
Submission of operating budget to town council.891
On or before a date fixed by the town council but not later than 30 days prior to the beginning892
of each fiscal year, the mayor shall submit to the town council a proposed operating budget893
for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor894
containing a statement of the general fiscal policies of the town, the important features of the895
budget, explanations of major changes recommended for the next fiscal year, a general896
summary of the budget, and such other pertinent comments and information. The operating897
budget and the capital budget hereinafter provided for, the budget message, and all supporting898
documents shall be filed in the office of the town clerk and shall be open to public inspection.899 23 SB 294/AP
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SECTION 6.26.
900
Action by town council on operating budget.901
(a) The town council may amend the operating budget proposed by the mayor; provided that902
the budget as finally amended and adopted must provide for all expenditures required by state903
law or by other provisions of this charter and for all debt service requirements for the ensuing904
fiscal year, and the total appropriations from any fund shall not exceed the estimated fund905
balance, reserves, and revenues.906
(b) Not later than the last day of fiscal year, the town council shall adopt by ordinance the907
final operating budget for the ensuing fiscal year. If the town council fails to adopt the908
operating budget by the specified deadline, the amounts appropriated for operation for the909
current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month910
basis, with all items prorated accordingly until such time as the town council adopts a budget911
for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations912
ordinance setting out the estimated revenues in detail by sources and making appropriations913
according to fund and by organization unit, purpose, or activity as set out in the budget914
preparation ordinance adopted pursuant to Section 6.24 of this charter. 915
(c) The amount set out in the adopted operating budget for each organizational unit shall916
constitute the annual appropriation for such, and no expenditure shall be made or917
encumbrance created in excess of the otherwise unencumbered balance of the appropriations918
or allotment thereof, to which it is chargeable.919 23 SB 294/AP
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SECTION 6.27.
920
Tax levies.921
The town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates922
set by such ordinances shall be such that reasonable estimates of revenues from such levy923
shall at least be sufficient, together with other anticipated revenues, fund balances, and924
applicable reserves, to equal the total amount appropriated for each of the several funds set925
forth in the annual operating budget for defraying the expenses of the general government of926
this town.927
SECTION 6.28.928
Changes in appropriations.929
The town council by ordinance may make changes in the appropriations contained in the930
current operating budget, at any regular meeting or special or emergency meeting called for931
such purpose, but any additional appropriations may be made only from an existing932
unexpended surplus.933
SECTION 6.29.934
Capital budget.935
(a) On or before the date fixed by the town council but no later than 30 days prior to the936
beginning of each fiscal year in which capital improvements are anticipated to be made by937
the town, the mayor shall submit to the town council a proposed capital improvements plan938
with a recommended capital budget containing the means of financing the improvements939
proposed for the ensuing fiscal year. The town council shall have power to accept, with or940
without amendments, or reject any proposed plan and proposed budget. The town council941 23 SB 294/AP
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shall not authorize an expenditure for the construction of any building, structure, work, or
942
improvement if the appropriations for such project are not included in the capital budget,943
except to meet a public emergency as provided in Section 2.25 of this charter. 944
(b) The town council shall adopt by ordinance any final capital budget for the ensuing fiscal945
year no later than the last day of fiscal year. No appropriation provided for in a prior capital946
budget shall lapse until the purpose for which the appropriation was made shall have been947
accomplished or abandoned; provided, however, the mayor may submit amendments to the948
capital budget at any time during the fiscal year, accompanied by recommendations regarding949
such amendments. Any such amendments to the capital budget shall become effective only950
upon adoption by ordinance.951
SECTION 6.30.952
Independent audit.953
There shall be an annual independent audit of all town accounts, funds, and financial954
transactions by a certified public accountant selected by the town council. The audit shall be955
conducted according to generally accepted auditing principles. Any audit of any funds by the956
state or federal governments may be accepted as satisfying the requirements of this charter.957
Copies of annual audit reports shall be available to the public at printing cost.958
SECTION 6.31.959
Contracting procedures.960
No contract with the town shall be binding on the town unless it is in writing, lawfully961
authorized by the town council, duly executed by proper town official, and entered in the962
town council minute book pursuant to Section 2.20.963 23 SB 294/AP
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SECTION 6.32.
964
Centralized purchasing.965
The town council shall by ordinance prescribe any applicable policy or procedure governing966
any system of centralized purchasing used by the town.967
SECTION 6.33.968
Sale and lease of town property.969
(a) The town council may sell and convey or may lease any real or personal property owned970
or held by the town for governmental or other purposes as now or hereafter provided by law.971
(b) The town council may quitclaim any rights it may have in property not needed for public972
purposes upon report by the mayor and adoption of a resolution, both finding that the973
property is not needed for public or other purposes and that the interest of the town has no974
readily ascertainable monetary value.975
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place976
of the town, a small parcel or tract of land is cutoff or separated by such work from a larger977
tract or boundary of land owned by the town, the town council may authorize the mayor to978
sell and convey said cutoff or separated parcel or tract of land to an abutting or adjoining979
property owner or owners where such sale and conveyance facilitates the enjoyment of the980
highest and best use of the abutting owner's property. Included in the sale contract shall be981
a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting982
property owner shall be notified of the availability of the property and given the opportunity983
to purchase said property under such terms and conditions as provided by the town council.984
All deeds and conveyances heretofore and hereafter so executed and delivered shall convey985
all title and interest the town has in such property, notwithstanding the fact that no public sale986
after advertisement was or is hereafter made. 987 23 SB 294/AP
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(d) No lease or contract for sale of any interest in real or personal property owned or held by
988
the town for governmental or other purposes shall be binding on the town unless it is in989
writing and is authorized by the town council with such approval entered in the town council990
minute book.991
ARTICLE VII992
GENERAL PROVISIONS993
SECTION 7.10.994
Bonds for officials.995
The officers and employees of this town, both elected and appointed, shall execute such996
surety or fidelity bonds in such amounts and upon such terms and conditions as the town997
council shall from time to time require by ordinance or as may be provided by law. 998
SECTION 7.11.999
Existing ordinances, resolutions, rules, and regulations.1000
All ordinances, resolutions, rules, and regulations now in force in the town not inconsistent1001
with this charter are hereby declared valid and of full effect and force until amended or1002
repealed by the town council.1003
SECTION 7.12.1004
Pending matters.1005
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1006
contracts, and legal or administrative proceedings shall continue, and any such ongoing work1007 23 SB 294/AP
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or cases shall be completed by such town agencies, personnel, or offices as may be provided
1008
by the town council.1009
SECTION 7.13.1010
Construction.1011
(a) Section captions in this charter are informative only and are not to be considered as a part1012
thereof.1013
(b) The word "shall" is mandatory and the word "may" is permissive.1014
(c) The singular shall include the plural, the masculine shall include the feminine, and vice1015
versa.1016
SECTION 7.14.1017
Severability.1018
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1019
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1020
or impair other parts of this charter unless it clearly appears that such other parts are wholly1021
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1022
legislative intent in enacting this charter that each article, section, subsection, paragraph,1023
sentence, or part thereof be enacted separately and independent of each other.1024 23 SB 294/AP
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- 47 -
SECTION 7.15.
1025
Repealer.1026
(a) An Act to amend, consolidate, and supersede the several Acts incorporating the town of1027
Camak, in the County of Warren, State of Georgia, approved August 13, 1910 (Ga. L. 1910,1028
p. 433), and all amendatory Act thereto are hereby repealed in their entireties.1029
(b) All other laws and parts of laws in conflict with this Act are hereby repealed.1030