hb783.html
09 LC 25 5592/AP
House Bill 783 (AS PASSED HOUSE AND SENATE)
By: Representative Smith of the 113th

A BILL TO BE ENTITLED
AN ACT


To amend an Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, so as to extensively revise and restate the town charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a town council consisting of five councilmembers, of which one is the mayor pro tempore, and a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for submission under the Federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
An Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, is amended by striking Sections 1 through 18 in their entirety and inserting in lieu thereof the following:
"ARTICLE I
INCORPORATION AND POWERS
SECTION 1.10.
Name.

This town and the inhabitants are constituted and declared a body politic and corporate under the name and style Town of North High Shoals, Georgia, and by that name shall have perpetual succession.

SECTION 1.11.
Corporate boundaries.

The governing authority of the Town of North High Shoals shall include all the territory described as follows which lies within the County of Oconee:
(1) The corporate boundaries of the Town of North High Shoals shall be those existing on the effective date of the adoption of this charter, with such alterations as may be made from time to time in the manner provided by law. The boundaries of the town shall at all times be maintained on a map that is retained permanently in the town hall;
(2) The town council may provide, by ordinance, for the redrawing of such map at any time to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designed to replace; and
(3) Using geographic coordinates and North American Datum 1983:
Starting at 33.819688, -83.524010 follow the center of the Apalachee River South to point 33.813480, -83.497355. Then proceed in a straight line due NE to point 33.833831 -83.483170. Then proceed in a straight line due NW to point 33.839301 -83.486876, then proceed in a straight line due W to point 33.840633 -83.502746; then continue SW back to the beginning 33.819688, -83.524010.

SECTION 1.12.
Municipal powers and construction.

(a) This town shall have all powers possible for a city to have under the present or future Constitution and laws of Georgia as fully and completely as if they were specifically enumerated herein. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this town shall be construed in favor of the town. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of this town.

SECTION 1.13.
Examples of powers.

The powers of this town shall include, but not be limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town;
(2) Alcoholic beverages. Such shall be regulated by the town as provided by law. The town shall have power to license the sale thereof, consistent with the laws of Georgia, and it shall be their duty to enforce this by the enactment of necessary ordinances with suitable penalties for violation;
(3) Animal regulations. To regulate and prohibit the keeping or running at large of animals and fowl;
(4) Appropriations and expenditures. To make appropriations for the support of the town; to authorize expenditures for purposes authorized by this charter and the laws of Georgia; and to pay expenses of the town;
(5) Building regulation. To regulate structures and construction; and to adopt codes;
(6) Business regulation and taxation. To levy and collect license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; and to revoke such licenses after due process for failure to pay any town fees or taxes;
(7) Cemeteries. The town council shall have jurisdiction over and regulate all cemeteries belonging to or located in said town;
(8) Condemnation. To condemn property, both inside or outside the corporate limits of the town, for any corporate purpose deemed necessary by the governing authority, under state law;
(9) Contracts. To enter into contracts and agreements under state law;
(10) Emergencies. To establish and carry out procedures for emergency situations;
(11) Environmental protection. To protect the natural resources, environment, and vital areas of the town;
(12) Fire regulations. To establish fire protection, safety regulations, and penalties and punishment for violations thereof;
(13) Garbage fees. To assess and collect a garbage collection and disposal charge;
(14) General health, safety, and welfare. To regulate conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety;
(15) Gifts. To accept or refuse gifts or grants from any source for any purpose related to the powers and duties of the town and the welfare of its citizens;
(16) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(17) Jail sentences. To provide for commitment of convicted persons to jail by agreement with the county;
(18) Motor vehicles. To regulate the operation of motor vehicles in the town;
(19) Municipal agencies and delegation of power. To create, empower, alter, or abolish departments, boards, offices, commissions, and agencies of the town;
(20) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for revenue to carry out any project authorized by this charter or the laws of Georgia;
(21) Municipal property ownership. To acquire, dispose of, and hold any real, personal, or mixed property, inside or outside the town;
(22) Municipal property protection. To provide for and regulate the preservation and protection of property and equipment of the town and the administration and use of same;
(23) Municipal utilities. To acquire, lease, construct, operate, and dispose of public utilities; to fix the taxes, rates, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for failure to pay; to authorize the extension of utility systems inside and outside the town;
(24) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(25) Penalties. To provide penalties for violation of any ordinances;
(26) Planning and zoning. To provide comprehensive town planning by zoning; and to provide subdivision regulation and the like to ensure a safe, healthy, and aesthetically pleasing community;
(27) Police and fire protection. To provide or contract for police and fire-fighting;
(28) Public hazards; removal. To provide for the destruction and removal of any structure which is dangerous or detrimental to the public;
(29) Public improvements. To provide for the acquisition, construction, and maintenance of public improvements and facilities; to regulate the use thereof;
(30) Public peace. To provide for the prevention and punishment of public disturbances;
(31) Public transportation. To organize and operate public transportation systems;
(32) Public utility franchises. To grant franchises or make contracts for public utilities and public services in the town and to prescribe the rates, fares, regulations, standards, and conditions;
(33) Roadside areas. To regulate and control signs, trees, shrubs, fences, buildings, and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof;
(34) Retirement. To create and maintain a retirement plan for officers and employees of the town;
(35) Roadways. To lay out, extend, widen, narrow, change the grade of, abandon or close, construct, maintain, and light the roads, alleys, bridges, and walkways; to negotiate and execute contracts, franchises, and leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway;
(36) Sewer fees. To levy and collect fees, charges, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system;
(37) Solid waste disposal. To provide for and regulate the collection and disposal of garbage and to provide for the separate collection of recyclable materials;
(38) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, intoxicating liquors and drugs, and the use of firearms; to regulate any business or situation which may be dangerous; to regulate and control peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult entertainment, and massage parlors;
(39) Special assessments. To levy and provide for special assessments for public improvements;
(40) Taxes: ad valorem. To levy and provide for the assessment, valuation, and collection of taxes on all property subject to taxation;
(41) Taxes: other. To levy and collect such other taxes as allowed by law;
(42) Trees. To adopt and enforce ordinances for the preservation of trees and to prevent cutting thereof by linemen or other persons unless with the express consent of the town, and then only when necessary;
(43) Urban redevelopment. To organize and operate an urban redevelopment program;
(44) Vehicles for hire. To regulate and license vehicles operated for hire in the town and operators thereof; and
(45) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14.
Exercise of powers.

All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution per ordinance or Georgia law.

SECTION 1.15.
Town journal.

There shall be a town journal that is prepared and maintained by the town clerk and stored at town hall, that contains the minutes of all town council and committee meetings, records of all official actions taken by the town council, existing contracts in which the town is a party, and any other records required by this charter of the town council.

ARTICLE II
GOVERNMENT STRUCTURE
SECTION 2.10.
Town council creation; number; election.

The legislative authority of the government of this town shall be vested in a town council to be composed of five councilmembers and a mayor. Those persons serving as members of the town council on the effective date of this charter shall continue to serve as such until their successors are elected and qualified as provided by this charter. For the purposes of electing members of the town council, there shall be designated five posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5 and the position of mayor. Any person offering for membership on the town council shall designate at the time of qualifying for election the post or position for which such person is offering. Each member of the town council shall be elected at large by a majority vote. On the Tuesday next following the first Monday in November, 2009, and on that day every four years thereafter, the general municipal election for Posts 3, 4, and 5 of the town council shall be conducted. On the Tuesday next following the first Monday in November, 2011, and on that day every four years thereafter, the general municipal election for mayor and Posts 1 and 2 of the town council shall be conducted. Persons elected shall take office on the first official meeting day in January immediately following the election and shall serve until their successors are elected and qualified. The oath of office shall be administered to members of the town council as follows: 'I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' The town council shall be elected by the qualified voters voting in the entire town.

SECTION 2.11.
Town council terms and qualifications for office.

The town council shall serve for terms of four years and until their respective successors are elected and sworn in. No person shall be eligible to serve in the town council unless he or she shall have been a resident of the town for 12 months prior to the date of qualification. Each such official shall continue to reside in the town during his or her period of service and continue to be registered and qualified to vote in municipal elections of the town.

SECTION 2.12.
Vacancy; filling of vacancies.

Mayor or council posts shall become vacant on the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by law. A vacancy occurring with less than one year remaining in an unexpired term of office shall be filled for the remainder of the unexpired term, if any, by appointment of the town council. Otherwise, the office shall stay vacant until the next state authorized election date.

SECTION 2.13.
Compensation and expenses.

The town council shall receive compensation and expenses for their services as provided by ordinance. The monthly salary of the members of the town council shall be set by vote of the town council.

SECTION 2.14.
Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the town are trustees, shall act in a fiduciary capacity for the residents, and as such, no member of the town council shall abandon his or her office or neglect to perform the duties of his or her office.
(b) No elected official, appointed officer, or employee shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties;
(3) Disclose confidential information concerning the town without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;
(4) Accept any valuable gift, service, loan, or promise, from any person or entity who is interested, directly or indirectly, in business dealings with the town; provided, however, that a candidate for public office may accept campaign contributions and services;
(5) Represent private interests in any legal action or proceeding against this town; or
(6) Vote or participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest.
(c) Any person who has such interest shall disclose it, and such disclosure shall be entered on the records of the town council, and he or she shall disqualify himself or herself from participating in any discussion or vote relating thereto.
(d) No elected official, appointed officer, or employee shall use town property for personal profit.
(e) Any violation of this section which occurs with the knowledge of a party to a contract or sale shall render such contract voidable by the town council.
(f) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in town government during the term for which he or she was elected.
(g) Penalties for violation:
(1) Any officer or employee who knowingly conceals such financial interest or knowingly violates any of the provisions of this section shall be deemed to have forfeited his or her office or position and shall be removed from their office or position as provided in Section 5.13 of this charter; and
(2) Any officer or employee who shall have forfeited his or her office or position as provided in paragraph (1) of this subsection shall be ineligible for appointment or election to a position in the town government for a period of three years.

SECTION 2.15.
Inquiries and investigations.

The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof.

SECTION 2.16.
Eminent domain.

The town council may acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, correctional, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the corporate limits of the town and to regulate the use thereof, and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.17.
Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance or resolution.
(b) Special meetings of the town council may be held on the call of the mayor, mayor pro tempore when serving as mayor, or three councilmembers. Notice of such special meetings shall be delivered to all members of the town council, and such delivery shall be confirmed by the recipient, at least 24 hours in advance of the meeting. Such notice shall not be required if all members of the town council are present when the special meeting is called. Such notice of a special meeting may be waived by any member of the town council in writing before or after such meeting, and attendance at the meeting shall constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only that business stated in the call may be transacted at the special meeting.
(c) All meetings of the town council shall be open to the public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible prior to such meetings.

SECTION 2.18.
Rules of procedure.

(a) The town council may adopt rules of procedure and order of business consistent with this charter and shall provide for keeping a minute book as a journal of its proceedings.
(b) All committees, boards, and commissions of citizens shall be appointed by the town council and shall serve at their pleasure. The town council shall have the power to appoint and compensate new members to any committee at any time; each committee may appoint its own chairperson, if said chairperson has not been specially appointed by the town council.

SECTION 2.19.
Quorum; voting.

Three councilmembers, plus the mayor or mayor pro tempore, shall constitute a quorum and shall transact business of the town council. Voting on the adoption of ordinances shall be by raising of right hand, and the vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the quorum in attendance shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall not be counted as a negative or affirmative vote.

SECTION 2.20.
Ordinance form; procedure.

Acts of the town council that have the force and effect of law shall be enacted by ordinance or resolution. Every proposed ordinance should be introduced in writing and in the form required for final adoption. The enacting clause shall be 'The Town Council of the Town of North High Shoals hereby ordains.' An ordinance shall not be adopted the same day it is introduced, except for emergency ordinances.

SECTION 2.21.
Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the town council may convene on the call of the mayor, the mayor pro tempore when serving as the mayor, or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged any public utility for its services; or authorize the borrowing of money except for loans to be repaid in 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration that an emergency exists and describing the emergency in clear and concise terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers, except as otherwise provided in this charter, shall be required for adoption. It shall become effective immediately upon adoption or at such time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section for the adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.

SECTION 2.22.
Code of technical regulations.

The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. Copies of any adopted code of technical regulations shall be made available by the clerk for purchase at a reasonable price.

SECTION 2.23.
Signing; authenticating; recording; codification; printing.

(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book all ordinances and resolutions.
(b) The town council shall provide for the preparation of a general compilation of all the ordinances of the town. It shall be adopted by ordinance and published and updated promptly and be known and cited officially as 'The Code of the Town of North High Shoals, Georgia.' Copies shall be made available online or for purchase at a reasonable price.
(c) Each ordinance and each amendment to this charter shall be printed promptly following adoption and made available online or for purchase at a reasonable price.

SECTION 2.24.
Chief executive officer.

The mayor shall be the chief executive. The mayor shall possess the executive and administrative power granted to the town under this charter and the Constitution and laws of Georgia.

SECTION 2.25.
Duties of the members of the town council.

The town council shall have the power to set its administrative duties by ordinance. No member of the town council shall hold any other elected or appointed office in the town.

SECTION 2.26.
Powers and duties of mayor.

As the chief executive of this town, the mayor shall:
(1) Preside at all meetings of the town council;
(2) Be the head of the town for service of process and ceremonial purposes and be the official spokesperson and the chief advocate of policy;
(3) Have the power to administer oaths;
(4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments;
(5) Vote only in the event of a tie on matters before the town council;
(6) Have prepared and submitted to the council, with council input, a recommended annual operating budget and recommended capital budget in a timely fashion;
(7) See that the laws and ordinances, rules, and orders of the town council are faithfully executed;
(8) See that the peace and good order of the town are preserved and all persons and property therein are protected;
(9) Be the principal administrative officer of the town, and be responsible for the administration and direction of the affairs and operations of the town; and
(10) Fulfill such other duties as provided by this charter or as the town council establishes by ordinance.

SECTION 2.27.
Mayor pro tempore; selection; duties.

By a majority vote each January, the town council shall elect a councilmember as mayor pro tempore who shall, upon the mayor's disability or absence, preside at meetings and assume the duties and powers of the mayor. The town council by a majority vote shall elect a new presiding officer from among the councilmembers for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. When serving as the mayor, the mayor pro tempore shall only vote in the case of a tie.

ARTICLE III
ADMINISTRATIVE AFFAIRS
A. Organization and General Provisions.
SECTION 3.10.
Officers and employees.

The town council by resolution shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town and establish professional qualifications as necessary for the proper administration of the affairs and government of the town. All appointed officers of the town shall be appointed solely on the basis of their qualifications. All appointed officers shall receive such compensation as prescribed by ordinance or resolution. The town council may suspend or remove appointed town officials.

B. Administrative Officers.
SECTION 3.11.
Town attorney.

The town council shall appoint a town attorney, typically at the first scheduled meeting of the calendar year. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; shall attend the meetings of the council as directed; shall advise the town council concerning legal aspects of the town's affairs; and perform such other duties as may be required of a town attorney. This appointment is terminable at will by majority vote of the town council.

SECTION 3.12.
Town clerk.

The town council shall appoint a town clerk, typically at the first scheduled meeting of the calendar year, who shall not be a councilmember. The town clerk shall be custodian of the official town seal; maintain town council records required by this charter; and perform such other duties as may be required by the town council. This appointment is terminable at will by majority vote of the town council.

SECTION 3.13.
Town treasurer.

The town council may appoint a town treasurer, typically at the first scheduled meeting of the calendar year, to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The town treasurer shall perform such other duties as may be required by the town council. This appointment is terminable at will by majority vote of the town council.
SECTION 3.14.
Municipal judge.

The town council may appoint a municipal judge, typically at the first scheduled meeting of the calendar year. This appointment is terminable at will by majority vote of the town council.

SECTION 3.15.
Fire chief.

The town council may appoint a fire chief, typically at the first scheduled meeting of the calendar year. The town council may hire additional firefighters. This appointment is terminable at will by majority vote of the town council.

SECTION 3.16.
Other administrative officers.

Nothing in this charter shall prohibit the town council from appointing other administrative officers. These appointments are terminable at will by majority vote of the town council.

ARTICLE IV
JUDICIAL BRANCH
SECTION 4.10.
Municipal court.

The town council shall have authority to create by resolution a court to be known as the Municipal Court of the Town of North High Shoals. The town council may contract with the county magistrate court to furnish municipal court services in lieu of appointing a municipal judge.

SECTION 4.11.
Jurisdiction; powers.

The municipal court or county magistrate court acting as the municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law, punish for contempt up to $200.00 or ten days in jail, punish for offenses not exceeding $1,000.00 or imprisonment for six months or both, compel the production of evidence in the possession of any party, and enforce obedience to its orders, judgments, and sentences. The court may compel the presence of parties and witnesses. The judge may issue warrants for the arrest of persons charged with offenses against any ordinance of the town and have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town. The court is specifically vested with all the jurisdiction and powers granted by law to municipal courts and particularly such laws as authorize the abatement of nuisances and prosecution of traffic violations.

SECTION 4.12.
Rules for the court.

With the approval of the town council, the judge of municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration on the municipal court; provided, however, that the town council may adopt in part or in total the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the town clerk, maintained in the town journal, be available for public inspection, and upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

SECTION 4.13.
Certiorari.

The right of certiorari to the superior court shall exist in all criminal and ordinance violation cases.

ARTICLE V
ELECTIONS AND REMOVAL
A. General Law.
SECTION 5.10.
Applicability of general law.

All primaries and elections shall be conducted per Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

B. Election of Officers.
SECTION 5.11.
Nonpartisan elections.

Political parties shall not conduct primaries for town offices, and all names of candidates for town offices shall be listed without party designations.

C. Other Provisions.
SECTION 5.12.
Other provisions.

The town council shall by resolution prescribe rules and regulations as they deem appropriate to fulfill any duties under Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'

SECTION 5.13.
Removal of officers.

(a) Members of the town council or appointed officers provided for in this charter or created by an act of the council shall be removed for any one or more of the causes provided in Title 45 of the O.C.G.A., such other applicable laws as are or may hereafter be enacted, or this charter.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) In the event an elected or appointed official is sought to be removed by action of the town council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held and the removal shall be executed. Any officer of the town sought to be removed from office as provided herein shall have the right of appeal from the decision of the town council to the Superior Court of Oconee County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Oconee County following a hearing on a complaint seeking such removal brought by any resident of the Town of North High Shoals.

ARTICLE VI
FINANCE
A. Taxation and Various Fees.
SECTION 6.10.
Property tax.

The town council may assess, levy, and collect an ad valorem tax on all property in the town that is subject to such taxation by the state and county for revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion.

SECTION 6.11.
Millage rate; due date; payment methods.

The town council by resolution may establish a millage rate not exceeding seven mills for the town property tax, a due date, and the time period in which taxes must be paid.

SECTION 6.12.
Occupation taxes and business taxes.

The town council by resolution shall have the power to levy such occupation or business taxes allowed by law. The town council may classify businesses, occupations, professions, or callings for such taxation and may compel the payment of such taxes per Section 6.18 of this charter.

SECTION 6.13.
Regulatory licenses; fees; permits.

The town council by resolution may require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulation. Such fees may reflect up to the total cost to the town of regulating the activity and, if unpaid, shall be collected per Section 6.18 of this charter.

SECTION 6.14.
Franchises.

The town council may grant franchises for the use of the town's streets and alleys for railroads, telephone companies, electric companies, cable television, gas companies, transportation companies, and similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and just and adequate consideration for such franchises. The town council shall provide for the registration of all franchises with the town clerk in a book kept by the clerk.

SECTION 6.15.
Services charges.

The town council by resolution shall have the power to assess and collect fees for sewers, sanitary and health services, fire services, or any other services within and outside the town for the total cost to the town of such services. If unpaid, such fees, charges, and tolls shall be collected per Section 6.18 of this charter.

SECTION 6.16.
Special assessments.

The town council by ordinance shall have the power to assess and collect from a requesting private property owner the cost of constructing, reconstructing, widening, or improving any of the following improvements made on private property at the private property owner's request: paving, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances. The assessment and collection shall be on such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.17.
Construction; other taxes and fees.

The town council may levy any other tax allowed by law, and the specific mention of any right, power, or authority shall not limit in any way the general powers of this town.

SECTION 6.18.
Collection of delinquent taxes and fees.

The town council by resolution may provide for the collection of delinquent taxes, fees, or other revenue due the town by whatever reasonable means as are not precluded by law. This shall include providing for due dates; late penalties or interest; fi. fas; liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking licenses or permits for failure to pay; and assignment or transfer of tax executions.

B. Borrowing.
SECTION 6.19.
General obligation bonds.

The town may issue bonds for raising revenue for any project, program, or venture authorized under this charter or the laws of this state.

SECTION 6.20.
Revenue bonds.

The town may issue revenue bonds as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

SECTION 6.21.
Short-term loans.

The town may obtain short-term loans and shall repay such loans by December 31 each year, unless otherwise provided by law.

SECTION 6.22.
Lease-purchase contracts.

The town may enter into multiyear lease, purchase, or lease-purchase contracts for goods, materials, real and personal property, services, and supplies. Contracts shall be executed per state law.

C. Accounting and Budgeting.
SECTION 6.23.
Fiscal year.

The town council shall by resolution set the fiscal year, which shall constitute the town's budget year and the year for financial accounting and reporting.

SECTION 6.24.
Preparation of budget.

The town council shall provide a resolution on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.

SECTION 6.25.
Submission of budget to town council.

Not later than 60 days prior to the beginning of each fiscal year, the mayor, after soliciting council input, shall submit a proposed operating budget. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, and a summary of the budget. The operating budget and capital improvements budget provided for in Section 6.24 of this charter, the budget message, and all supporting documents shall be filed with the town clerk and open to public inspection.

SECTION 6.26.
Action by town council on budget.

(a) The town council may amend the operating budget. The final budget shall provide for all expenditures required by state law and this charter and for all debt service requirements, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The town council, by resolution, shall adopt the final operating budget for the next year not later than December 31 of each year. If it fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the next year on a month-to-month basis, with all items prorated accordingly until the town council adopts a budget. Adoption of the budget shall take the form of an appropriations resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation resolution adopted per Section 6.24 of this charter.
(c) The amount in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made in excess of the otherwise unencumbered balance of the appropriation or allotment thereof to which it is chargeable.

SECTION 6.27.
Tax levies.

The town council shall levy by resolution such taxes which, together with other anticipated revenues, fund balances, and applicable reserves, will equal the total amount appropriated in the annual operating budget for the expenses of the town.

SECTION 6.28.
Changes in appropriations.

The town council, by resolution, may make changes in the appropriations in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

SECTION 6.29.
Independent audit.

There shall be a biennial independent audit according to generally accepted accounting principles of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. Any audit by the state or federal government shall suffice. Copies of all audit reports shall be available at printing costs to the public.

D. Procurement and Property Management.
SECTION 6.30.
Contracting procedures.

No contract with the town shall be binding unless made per procedures established by the town council; is in writing; is drawn by or reviewed by the town attorney; and is made or authorized by the town council and such approval is entered in the town journal of proceedings per Section 2.18 of this charter.

SECTION 6.31.
Centralized purchasing.

The town council shall by resolution prescribe procedures for a system of centralized purchasing.

SECTION 6.32.
Sale and lease of town property.

(a) The town council may sell and convey any property per law.
(b) The town council may quitclaim any rights the town may have in property not needed for public purposes upon adoption of a resolution finding that the property is not needed and has no value.
(c) Whenever a small parcel of land is cut off or separated by town work from a larger tract owned by the town, the town council may authorize a deed conveying said cut-off or separated parcel to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the town.

ARTICLE VII
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.

The officers and employees of this town shall execute such bonds in such amounts and terms as the town council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11.
Prior ordinances.

All ordinances, resolutions, rules, and regulations that are now in force in the town and are not inconsistent with this charter are declared valid and of full effect and force until amended or repealed.

SECTION 7.12.
Pending matters.

Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work shall be completed.

SECTION 7.13.
Repealer.

All laws and parts of laws in conflict with this Act are repealed."

SECTION 2.
The governing authority of the Town of North High Shoals shall, through its legal counsel, cause this Act to be submitted for preclearance under the Federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date this Act becomes effective as provided by Section 3 of this Act.

SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.