Section 99-01 ARTICLE I. INCORPORATION AND POWERS

Prior to the adoption of 2001(Article12) on 09/24/2001, Section 99-01 read as follows.

PART I

CHARTER*

Art.    I.    Incorporation and Powers,    1.10--1.13

Art.    II.    Government Structure,   2.10--2.35

Art.    III.    Administrative Affairs,    3.10--3.19

Art.    IV.    Judicial Branch,    4.10--4.17

Art.    V.    Elections,   5.10--5.22

Art.    VI.    Finance,    6.10--6.26

Art.    VII.    Airport,   7.10--7.12

Art.    VIII.    Pensions,   8.10--8.21

Art.    IX.    Utilities System,   9.10--9.18

Art.    X.    Gas System,    10.1, 10.2

Art.    XI.    Schools and Board of Education,     11.1--11.13

Art.    XII.    Street Improvements,   12.1--12.4

Art.    XIII.    Thomasville Payroll Development Authority,    13.1, 13.2

Art.    XIV.    General Provisions,    14.10--14.16

AN ACT

    To provide a new charter for the City of Thomasville, Georgia; to provide for name,  reincorporation, boundaries, and powers of the city; to provide for a governing authority of such  city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, oaths, prohibitions, and removal from office relative to members of such governing  authority; to provide for inquiries and investigations; to provide for council districts; to provide for  organization, meetings, and procedures; to provide for ordinances and codes; to provide for the  office of mayor and the office of vice chairman and certain duties and powers relative to such offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a city treasurer, and other  personnel and their powers and duties; to provide for personnel administration; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and their  qualifications, compensation, removal, and oath; to provide for practices and procedures and jurisdiction and powers of the court; to provide for elections; to provide for finances, taxation, fees,  and licenses; to provide for franchises, service charges, assessments, and collection thereof; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for a municipal airport; to provide for municipal pensions and taxes and  conditions and procedures relating thereto; to provide for social security; to provide for a municipal  utilities system and commission; to provide for a municipal gas system; to provide for an independent school system; to provide for a board of education and its composition, election, terms,  vacancies, qualifications, and districts; to provide for its organization, meetings, power, and authority; to provide for taxation for education; to provide for street and other public improvements and assessments and liens therefor and collection thereof; to provide a text of the  constitutional amendment relating to the Thomasville Payroll Development Authority and for the  statutory construction of certain terms; to provide for the acquisition and disposition of property; to provide for bonds for officials; to provide for eminent domain; to provide for prior ordinances 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 severability; to repeal specific acts; to provide  an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. INCORPORATION AND POWERS

Section 1.10. Name.

    This City of Thomasville, in Thomas County, Georgia, is reincorporated by the enactment of  this charter and is constituted and declared a body politic and corporate under the name and style Thomasville, Georgia, and by that name shall have perpetual succession.

Section 1.11. Corporate boundaries.

    (a)    The boundaries of this city 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 this city at all times shall be shown on a map, a written description, or any  combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of  Thomasville, Georgia." Photographic, typed, or other copies of such map or description certified  by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect  as with the original map or description.

    (b)    The city council may provide for  the redrawing of any such map by ordinance to reflect  lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

Section 1.12. Powers and construction.

    (a)    This city shall have all powers possible for a city to have under the present or future  constitution and laws of this state as fully and completely as though they were specifically  enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.

    (b)    The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the  powers of this city.

    (c)    The powers of government of the city to be exercised by the city council 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 or bodies of water within the  corporate limits of the city;

        (2)    Animal Regulations. To regulate and license or to prohibit the keeping or running at  large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of  animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder;

        (3)    Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this  charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

        (4)    Building Regulation. To regulate and to license the erection and construction of  buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, fire, and  heating and air conditioning codes; and to regulate all housing and building trades;

        (5)    Business Regulation and Taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to  provide for the manner and method of payment of such licenses and taxes; and to revoke such  licenses after due process for failure to pay any city taxes or fees;

        (6)    Condemnation. To condemn property, inside or outside the corporate limits of the city,  for present or future use and for any corporate purpose deemed necessary by the governing  authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;

        (7)    Contracts. To enter into contracts and agreements with other governmental entities and  with private persons, firms, and corporations;

        (8)    Emergencies. To establish procedures for determining and proclaiming that an  emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;

        (9)    Fire Regulations. To fix and establish fire districts and from time to time to extend,  enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law,  relating to both fire prevention and detection and to firefighting; and to prescribe penalties and  punishment for violations thereof;

        (10)    Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection  and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city or otherwise from all individuals, firms, and corporations benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges;

        (11)    General Health, Safety and Welfare. To define, regulate, and prohibit any act,  practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;

        (12)    Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any  purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

        (13)    Health and Sanitation. To prescribe standards of health and sanitation and to provide  for the enforcement of such standards;

        (14)    Jail Sentences. To provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares, or other public  property in the city; to provide for commitment of such persons to any jail, or to provide for  commitment of such persons to any county work camp or county jail by agreement with the  appropriate county officials;

        (15)    Motor Vehicles. To regulate the operation of motor vehicles and exercise control over  all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;

        (16)    Municipal Agencies and Delegation of Power. To create, alter, or abolish  departments, boards, offices, commissions and agencies of the city, and to confer upon such  agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

        (17)    Municipal Debts. To appropriate and borrow money for the payment of debts of the  city and to issue bonds for the purpose of raising revenue to carry out any project, program, or  venture authorized by this charter or the laws of the State of Georgia;

        (18)    Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property  limits of the city;

        (19)    Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;

        (20)    Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose  of public utilities, including but not limited to, a system of waterworks, sewers and drains, sewage  disposal, gas works, cable television systems, and other telecommunication systems, electric generating plants, transportation facilities, public airports, and any other public utility; and to fix  the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, cable television, and other telecommunications systems, and electrical distribution  systems, and all necessary appurtenances by which such utilities are distributed, inside and outside  the corporate limits of the city as provided by ordinance;

        (21)    Nuisance. To define a nuisance and provide for its abatement whether on public or private property;

        (22)    Ordinances, Rules and Regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health,  peace, order, and good government of the city;

        (23)    Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;

        (24)    Planning and Zoning. To provide comprehensive city planning for development by  zoning; and to provide subdivision regulation and the like as the city council deems necessary and  reasonable to ensure a safe, healthy, and aesthetically pleasing community;

        (25)    Police and Fire Protection and Emergency Medical Services. To exercise the power  of arrest through duly appointed police officers; to establish, operate or contract for a police agency and a fire-fighting agency; and to establish and operate separately or as part of another  agency an emergency medical services system, including without limitation an ambulance service  providing emergency care and transportation for wounded, injured, sick, invalid or incapacitated  persons.

        (26)    Public Hazards: Removal. To provide for the destruction and removal of any building  or other structure which is or may become dangerous or detrimental to the public;

        (27)    Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets  and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative,  corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under  Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or  may hereafter be enacted;

        (28)    Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

        (29)    Public Transportation. To organize and operate such public transportation systems as  are deemed beneficial;

        (30)    Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of  service applicable to the service to be provided by the franchise grantee or contractor, insofar as [they are] not in conflict with valid regulations of the State of Georgia Public Service Commission;

        (31)    Regulation of Roadside Areas. To prohibit or regulate and control the erection,  removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all  other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances;

        (32)    Retirement. To provide and maintain a retirement plan for officers and employees of  the city;

        (33)    Roadways. To lay out, open, extend, widen, narrow establish or change the grade of,  abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,  maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between  buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for  private use at such location, and to charge a rental therefor in such manner as may be provided by  ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses  within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private  use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;

        (34)    Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a  sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for  manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;

        (35)    Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide  for the sale of such items;

        (36)    Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops,  the manufacture, sale, or transportation of any distilled spirits, mixed alcoholic concoctions, wine,  or beer that require payment of Georgia excise taxes on alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of 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 bookstores, and massage parlors;

        (37)    Special Assessments. To levy and provide for the collection of special assessments to  cover the costs for any public improvements;

        (38)    Taxes: Ad Valorem. To levy and provide for assessment, valuation, revaluation, and  collection of taxes on all property subject to taxation;

        (39)    Taxes: Other. To levy and collect such other taxes as may be allowed now or in the  future by law;

        (40)    Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the  number of such vehicles; to require the operators thereof to be licensed; to require public liability  insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the  parking of such vehicles;

        (41)    Urban Redevelopment. To organize and operate an urban redevelopment program;

        (42)    Non-Profit Corporations. To the extent allowed by law, to organize and create  nonprofit corporations and entities in order to accomplish any of the powers set forth in this charter;

        (43)    Public Authorities. To organize, create and activate any public corporation or public authority authorized under the laws of the State of Georgia;

        (44)    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 city and its inhabitants; and to exercise all  implied powers necessary to execute all powers granted in this charter as fully and completely as if  such powers were fully stated herein; and 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.

(Ord. of 6-12-95(1),   I(A), (B), (G), (I), (J), (P))

Section 1.13. Exercise of powers.

    All powers, functions, rights, privileges, and immunities  of the city, 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 as provided by ordinance or as provided by pertinent  laws of the State of Georgia.

ARTICLE II. GOVERNMENT STRUCTURE

Section 2.10. City council creation; number; election.

    The legislative authority of the government of this city,  except as otherwise specifically provided  in this charter, shall be vested in a city council to be composed of five councilmembers. The city  council established in this charter shall in all respects be a successor to and continuation of the  city  governing authority under prior law. The city council shall be elected in the manner provided by this charter. The city council may also be referred to as the Council of the City of Thomasville or the Council of Thomasville, Georgia.

Section 2.11. City councilmembers. Terms and Qualifications for Office.

    The members of the city council shall serve for terms of four (4) years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless  he shall have been a resident of the city for a period of time as provided in Code Section 45-2-1 [O.C.G.A.  45-2-1]; each shall continue to reside therein during his period of service and to  be  registered and qualified to vote in municipal elections of this city.

Section 2.12. Vacancy; filling of vacancies; suspensions.

    (a)    Vacancies--The office of councilmember shall become vacant upon the incumbent's death,  resignation, forfeiture of office or removal from office in any manner authorized by this charter or  the general laws of the State of Georgia. A vacancy in the office of councilmember shall be filled  for the remainder of the unexpired term, if any, as provided for in this charter.

    (b)    Suspension--Upon the suspension from office of a councilmember in any manner  authorized by the general laws of the State of Georgia, the city council or those remaining shall  appoint a successor for the duration of the suspension. If the suspension becomes permanent, then  the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

Sec. 2.13. Salary of mayor and councilmembers.

    Following the effective date of this ordinance each councilmember, with the exception of the  councilmember designated as mayor, shall receive a salary of $550.00 per month, payable monthly out of the treasury of the city, and the councilmember designated as mayor shall receive a salary of  $650.00 per month, payable monthly out of the treasury of the city. In addition to the compensation  provided in this section, for each day during which a councilmember attends a meeting of a city  council committee to which a councilmember is assigned or a meeting with another governmental  unit or body where the presence of one (1) or more councilmembers is required, each councilmember so attending shall receive an amount for each such day equal to the daily expense  allowance to which members of the General Assembly are authorized pursuant to general law except for travel within Thomas County; provided, however, that each councilmember shall be  entitled to receive such amount for no more than four (4) meetings per month, and the mayor shall  be allowed to receive such amount for no more than five  (5) meetings per month.The mayor and  members of the city council shall be entitled to receive the per mile allowance authorized for state employees by general law for attending such meetings. Rules prescribing the kinds of meetings  which will qualify for purpose of this section, along with attendance requirements, shall be  established in writing by the mayor, after consultation with the city council, prior to the effective  date of this section.

(Ord. of 6-12-95(1), Ord. of 8-23-99   I(K))

Section 2.14. Conflicts of interest; holding other offices.

    (a)    Conflict of Interest--No elected official, appointed officer, or employee of the city or any  agency or political entity to which this charter applies shall knowingly:

        (1)    Be directly or indirectly interested in any contract, job, service with or for the city, nor  in the profits or emoluments thereof, and any contract on the part of the city which violates this section may be declared null and void by the city council;

        (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 his official duties or  would tend to impair the independence of his judgment or action in the performance of his official duties;

        (3)    Disclose  confidential information concerning the property, government, or affairs of the  governmental body by which he is engaged without proper legal authorization; or use such  information to advance the financial or other private interest of himself or others;

        (4)    Accept  any valuable gift, whether in the form of service, loan, thing, or promise, from  any person, firm or corporation which to his knowledge is interested, directly to indirectly, in any  manner whatsoever, in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

        (5)    Represent other private interests in any action or proceeding against this city or any portion of its government.

    (b)    Disclosure--Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within  any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract  or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. Nothing contained in this subsection shall authorize any activity prohibited by subsection (a) above.

    (c)    Use of Public Property--Elected officials, appointed officers, or employees of the city or any agency or entity to which this charter applies shall not use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.

    (d)    Contracts Voidable and Rescindable--Any violation of this section which occurs with the  knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.

    (e)    Ineligibility of Elected Official--Except where authorized by law, neither the mayor nor  any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which he was  elected.

    (f)    Political Activities of Certain Officers and Employees--Appointive officers and employees  of the city shall not continue in such employment upon qualifying as a candidate for nomination or  election to any public office.

    (g)    Penalties for Violation--

    (1)    Any city officer or employee who  knowingly conceals such financial interest or knowingly  violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.

    (2)    Any officer or employee of the  city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three (3) years thereafter.

(Ord. of 6-12-95(1),   I(L))

Section 2.15. Inquiries and investigations.

    The city council may make inquiries and investigations into  the affairs of the city and conduct of any department office, or agency thereof and for this purpose may subpoena witnesses, administer  oaths, take testimony, and require the production of evidence. Any person who fails or refuses to  obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance or state law.

Section 2.16. General power and authority of the city council.

    Except as otherwise provided by the charter the city council shall be vested with all the powers of government of this city as provided by Article I.

Section 2.17. Eminent domain.

    The city council is hereby empowered to 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, cable television systems, all data and telecommunications systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and  any other public improvements inside or outside the city, and to regulate the use thereof. For such  purposes set forth herein, property may be condemned under procedures established under general law applicable now or as provided in the future. (Ord. of 6-12-95(1),   I(H))

Section 2.18. Fire district.

    The city council may enact any and all bylaws, ordinances  and regulations necessary to lay out a fire district in the city and enlarge, change, or modify its limits from time to time.

Section 2.19. Zoning and planning authorized.

    The city council shall have authority to enact zoning and  planning laws whereby such city will be zoned or districted for various uses and other or different uses prohibited therein and regulating  the uses for which such zones or districts may be set apart, and regulating the plans for the development and improvement of real estate therein.

    In exercising the powers herein granted, the city council  shall be further authorized to adopt by ordinance a plan or plans for the zoning of the city, in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, and general welfare, and for the purpose of regulating  the location of trades, industries, apartment houses dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages; or for the purpose of preserving buildings, structures or areas having national, regional, state or local historic significance; or for the purpose of maintaining or improving the aesthetic appearance of any  buildings, structures or areas. The zoning regulations may be based upon any one (1) or more of  the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the city council shall deem best to accomplish the purposes of the zoning regulations.

ORGANIZATION AND PROCEDURES

Section 2.20. Organizational meetings.

    The city council shall hold an organizational meeting at the first regular meeting in January following each general municipal election. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows: "I swear (or affirm) that I  will faithfully and impartially demean myself and perform my duties as a member of the city council for the City of Thomasville during my continuance in office, and in all things pertaining to  my office. So help me God."

Section 2.21. Regular and special meetings.

    (a)    The city council shall meet at  least once a month at stated intervals and shall hold their meetings in public. The board shall keep reports of its meetings and shall record all its actions. The  city clerk is hereby named as the official secretary of the city council and is charged with the duty  of attending and keeping the minutes of all meetings of the board, which record and minutes shall  be open to the inspection of the general public in the office of the city clerk in the city hall at all  reasonable hours. All votes shall be taken by "aye" and "nay" and shall appear in  the minutes.

    (b)    The city council shall be required  to meet in special session as often as the mayor or any  two (2) councilmembers or the city manager may request. Special meetings of the city council shall  be called by the mayor, or the necessary councilmembers, or the city manager, filing a written  request for the same with the city clerk, stating the time for the meeting. Upon such notice being  filed with the city clerk it shall thereupon be the duty of the clerk to serve notice upon every  member of the city council and the city manager, whose names are not attached to the request for  such meeting to be called, such notice to be served in writing, orally, or by telephone upon such members of the city council who are to be found within the city limits of the city. Upon the clerk's failure to locate any member of the city council for service of notice as provided in this section,  a written notice of such meeting shall be left at his place of business or residence. The same rule of service shall apply to the city manager or anyone else with whom the board has special business to  transact.

Section 2.22. Rules of procedure.

    (a)    The city council shall adopt its  rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of minutes of its proceedings, which shall be a public record.

    (b)    All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at his pleasure The mayor shall have the power to appoint new  members to any committee at any time.

Section 2.23. Quorum: voting.

    Three (3) councilmembers shall constitute a quorum and shall be authorized to transact business  of the council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be  recorded in the minutes, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the minutes.

Section 2.24. Ordinance form; procedures.

    (a)    Every proposed ordinance should be introduced in writing and in the form required for  final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting  clause shall be "Be it ordained by the Council of the City of Thomasville Georgia..." and every  ordinance shall so begin.

    (b)    An ordinance may be introduced  by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city  council in accordance with the rules which it shall establish; provided, however, an ordinance shall  not be adopted the same day it is introduced except for emergency ordinances as provided by  ordinance. Upon introduction of any ordinance the clerk shall soon as possible distribute a copy to  each councilmember and shall file a reasonable number of copies in the office of the clerk and at  such other public places as the city council may designate.

Section 2.25. Action requiring an ordinance.

    Acts of the city council which have the force and effect of law shall be enacted by ordinance.

Section 2.26. Codes of technical regulations.

    (a)    The city council may adopt any  standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.24(b) for  distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of  technical regulations, as well as the adopting ordinance shall be authenticated and recorded by the city clerk pursuant to Section 2.27.

    (b)    Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

Section 2.27. Signing; authenticating; recording; codification; publication.

 (a)    The clerk shall authenticate by the clerk's signature and record in full in a properly indexed  book kept for that purpose all ordinances adopted by the city council

 (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and  such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Thomasville,  Georgia." Copies of the code shall be furnished to all departments of the city and made available  to  the public by publication on the Internet, at the City of Thomasville web site.

 (c)  The city council shall cause each ordinance of general application and each amendment to this charter to be published as soon as practicable following its adoption, and the published ordinances and charter amendments shall be made available to the public by publication on the Internet, at the  City of Thomasville web site.  Following publication of the first code under this charter and at  all times thereafter, the ordinances and charter amendments shall be codified in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein.  The  city  council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules  and regulations included in the code.

Section 2.28. City manager; appointment; qualifications; compensation.

    The city council shall appoint a city manager for an indefinite  term and he shall hold office at  the pleasure of the city council, The manager shall be appointed solely on the basis of his executive  and administrative qualifications, and his compensation shall be fixed by the city council.

Section 2.29. Acting city manager.

    By letter filed with the city clerk, the manager shall designate,  subject to approval of the city  council, a qualified city administrative officer to exercise the powers and perform the duties of  manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease.

Section 2.30. Powers and duties of the city manager.

    (a) The city manager shall be the chief administrative officer of the city. He shall be responsible  to the city council for the administration of all city affairs placed in his charge by or under this charter with the exception of the city utilities department. He shall devote his entire time to the duties of his office. He shall have the following powers and duties.

        (1)    See that  all laws and ordinances of the city are enforced.

        (2)    With the  exception of the city utilities department (which includes the city gas system), exercise control over all of the departments and divisions of the city general government now created, or that may hereafter be created.

        (3)    Attend  all meetings of the city council, with the right to take part in the discussions, but  he shall have no right to vote on propositions under consideration.

        (4)    Recommend to the city council for adoption such matters as he may deem necessary and  expedient.

        (5)    Prepare and submit to the city council an annual operating budget and capital budget of all departments of the city, except the utilities department, setting forth the probable needed  expenditures and estimated revenue for such year.

        (6)    Keep the  city council advised as to the financial condition and needs of the city.

        (7)    Supervise and direct the conduct of all officers and employees, except as otherwise provided herein.

        (8)    Supervise the performance of all contracts for all work done for the city general government and to make all purchases or contracts for same under such rules and regulations as the city council may adopt.

        (9)    As personnel  manager, he shall appoint, discharge and fix the salaries of employees in all departments and divisions of the general government with the exception of the city utilities  department, provided that all such terms of employment shall be made only at the pleasure of the  city manager in accordance with duly established personnel policy. All such appointments shall be made upon merit and fitness for the performance of the duties required.

        (10)    Perform  additional duties as the city council may by ordinance or resolution prescribe.

    (b)    The city council may require the  city manager to go before them at any time and answer questions, either orally or in writing, and may require of the city manager, at any time they see fit, any reports on any matter involving the city that they deem proper.

    (c)    The city manager shall be purchasing  agent for the city general government, and by him all purchases or contracts shall be made in accordance with rules and regulations adopted by the city  council by resolution in any official meeting of the city council. In the capacity of purchasing agent for the city general government he shall conduct all sales of personal property of the city which the city council may authorize to be sold and which may have become unnecessary or unfit for the city use. The city council may by resolution or ordinance prescribe who shall sign vouchers for the  payment out of the city funds, and under what rules and regulations.

(Ord. of 6-12-95(1),   I(B))

Section 2.31. City council's interference with administration.

    Except for the purpose of inquiries and investigations under Section 2.15, the city council or its  members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

Section 2.32. Selection of mayor and vice chairman.

    By a majority vote of all its members, the city council shall  elect a councilmember to serve as  mayor and a councilmember to serve as vice chairman for terms of two (2) years and until their successors are elected and qualified. Both shall continue to vote and otherwise participate as councilmembers but shall have no veto power. The mayor and vice chairman serving as such when this charter first becomes effective shall serve out the remainder of their terms of office as mayor  and vice chairman and until their respective successors to such officers are elected and qualified. If either office becomes vacant, the city council shall elect one (1) of the other councilmembers to serve as such officer.

Section 2.33. Powers and duties of mayor.

    The mayor shall:

        (a)    Preside at all meetings of the city council;

        (b)    Be the  head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy;

        (c)    Have power  to administer oaths and to take affidavits; and

        (d)    Sign as a matter of course on behalf of the city all written and approved contracts,  ordinances, and other instruments executed by the city which by law are required to be in writing.

Section 2.34. Vice chairman.

    During the absence or disability of the mayor for any cause, the vice chairman of the city council, or in his absence or disability for any reason, any one (1) of the councilmembers chosen by  a majority vote of the city council shall be clothed with all the rights and privileges of the mayor  and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.

Section 2.35. Devotion of time to duties.

    The mayor and each of the councilmembers shall devote as much time as may be necessary to  the duties of the office held.

ARTICLE III. ADMINISTRATIVE AFFAIRS

Section 3.10. Administrative and service departments.

    Except as otherwise provided in this charter, the city manager shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city.

Section 3.11. Boards, commissions, and authorities.

    (a)    The city council shall create by ordinance such boards, commissions, and authorities to  fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems  necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof.

    (b)    All members of boards, commissions, and authorities of the city shall be appointed by the  city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.

    (c)    The city council by ordinance may provide for the compensation and reimbursement for  actual and necessary expenses of the members of any board, commission or authority.

    (d)    Except as otherwise provided by charter or by law, no member of any board, commission,  or authority shall hold any elective office in the city.

    (e)    Any vacancy on a board, commission, or authority of the city shall be filled for the  unexpired term in the manner prescribed herein for original appointment, except as otherwise  provided by this charter or by law.

    (f)    No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance.

    (g)    Any member of a board, commission,  or authority may be removed from office for cause  by a vote of four (4) members of the city council.

    (h)    Except as otherwise provided by this charter or by law, each board, commission, or  authority of the city shall elect one (1) of its members as chairman and one (1) member as vice chairman, and may elect as its secretary one (1) of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law,  as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs.  Copies of such bylaws, rules and regulations shall be filed with the clerk of the city.

Section 3.12. Chief of police and marshal, appointment.

    The office of the chief of police and marshal shall be filled  by appointment by the city manager.

ADMINISTRATIVE OFFICERS

Section 3.13. City attorney.

    The city manager shall appoint a city attorney, together with such deputy city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered  to the city. The city attorney shall be responsible for representing and defending the city in all  litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall  attend the meetings of the city council as directed; shall advise the city council and other officers  and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.

Section 3.14. City clerk.

    The city manager shall appoint a city clerk who shall not  be a councilmember. The city clerk  shall be custodian of the official city seal; maintain city council's records and minutes required by  this charter; and perform such other duties as may be required by the city council.

Section 3.15. City treasurer.

    The city manager shall appoint a city treasurer to collect all taxes, licenses, fees, and other  moneys belonging to the city subject to the provisions of this charter and the ordinances of the city  and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the  general duties of a treasurer and fiscal officer.

Section 3.16. Authority to combine offices of city clerk and city treasurer.

    The city manager may, should he deem the same expedient and  in the interest of economy, appoint one and the same person to both offices of the city clerk and the city treasurer and such  person is hereby expressly authorized to serve in both official capacities for the city.

Section 3.17. Regulation of liquor licenses and sale of alcoholic beverages.

    The city council shall have the exclusive right to license,  regulate, control, and tax the sale of alcoholic beverages inside the city limits.

PERSONNEL ADMINISTRATION

Section 3.18. Position classification and pay plans.

    The city manager shall be responsible for the preparation  of a position classification and pay  plan. Such plan may apply to all employees of the city, except the Utilities Department, and any of its agencies, departments, boards, commissions, or authorities. For purposes of this section, all  elected and appointed city officials are not city employees.

(Ord. of 6-12-95(1),   I(B))

Section 3.19. Personnel policies.

    The city manager shall promulgate rules and regulations consistent with this charter concerning:  (1) the method of employee selection and probationary periods of employment; (2) the  administration of the position classification and pay plan, methods of promotion and application of ratings thereto, and transfer of employees within the classification plan; (3) hours of work,  vacation, sick leave, and other leaves of absence and overtime pay; (4) such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. Nothing contained in this charter shall be construed to create any contract of employment between the city and any employee of the city.

ARTICLE IV. JUDICIAL BRANCH

Section 4.10. Creation; name.

    There shall be a court to be known as the Municipal Court  of the City of Thomasville.

Section 4.11. Chief judge; associate judge.

    (a)    The municipal court shall be presided over by a chief judge and such part-time, full-time, or substitute judges as shall be appointed by the city council. The method of selection and terms of such judges shall be fixed by the city council.

    (b)    Compensation of the judges shall  be fixed by the city council.

    (c)    Judges may be removed for cause by a vote of four (4) members of the city council.

    (d)    Before assuming office, each judge  shall take an oath that he will honestly and faithfully  discharge the duties of his office to the best of his ability without fear, favor, or partiality.

Section 4.12. Convening.

    The municipal court shall be convened at regular intervals as set by the chief judge.

Section 4.13. Jurisdiction; powers.

    (a)    The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

    (b)    The municipal court shall have  authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or three (3) days in jail or three (3) days community service.

    (c)    The municipal court may fix punishment  for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000.00) or imprisonment for six (6) months or both such fine and  imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.

    (d)    The municipal court shall have  authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the cost of meals, transportation, and  caretaking of prisoners bound over to superior courts for violations of state law.

    (e)    The municipal court shall have  authority to establish bail and recognizance to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution  issued thereon by serving the defendant and his sureties with a rule nisi at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security  for the appearance of a defendant at trial, and if such defendant fails to appear at the time and  place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall  be enforceable in the same manner and to the same extent as a lien for city property taxes.

    (f)    The municipal court shall have  the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.

    (g)    The municipal court may compel  the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as  executed by any officer as authorized by this charter or by the law,

    (h)    Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

    (i)    The municipal court is specifically vested with all the jurisdiction and powers throughout  the geographic area of this city granted by law to recorder's and police courts, and particularly by  such laws as authorize the abatement of nuisances and prosecution of traffic violations.

Section 4.14. Appeal and certiorari.

    The right of certiorari from the decision and judgment of  the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the  sanction of a judge of the Superior Court of Thomas County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

Section 4.15. Rules for court.

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

Section 4.16. Power and duties of marshal and clerks; service of summons.

    The marshal and clerks shall also be officers of the court and shall have for their attendance and  services in such court such fees as may be fixed by the city council, which fee shall be collected as  part of the penalty in all cases of conviction. Any person charged with the violation of the ordinances, rules or regulations of the city shall, unless the offense is of such nature as to require  the arrest and confinement of the party, be served by the marshal or any policeman of the city with  a copy of a summons, signed by the clerk and bearing authority in the name of the judge of municipal court or the presiding officer for that case, setting out in a plain, summary manner the nature of the offense charged, and the time when and the place where the party is required to appear and stand trial,

Section 4.17. Disposition of bond on failure to appear.

    Any party under bond who shall fail to appear at the time  and place named in the bond shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon that unless they produce their principal within one (1) week,  judgment will be entered up against them for the amount of such bond, and judgment issued against  the principal and his securities for the amount of the judgment and costs. Nothing in this section  shall be construed to prevent the arrest without warrant or summons of any person when it is  necessary to preserve the peace, good order, or security of the city, or to prevent the commission of  a crime.

ARTICLE V. ELECTIONS

Section 5.10. Applicability of general law.

    All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21  of the O.C.G.A., the Georgia Municipal Election Code as now or hereafter amended.

Section 5.11. Regular elections; time for holding.

    The city council shall cause an election to be held at such  places in the city as the city council shall direct and designate by ordinance prior to each election. The date of all general municipal  elections occurring before January 1, 1993, shall be specified by municipal ordinance. All general  municipal elections held subsequent to the above date shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective  date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law.

Section 5.12. Use of voting machines.

    The use of voting machines in all city elections is hereby authorized in accordance with the  provisions of the Georgia Municipal Election Code, as amended. This authorization to use voting machines does not preclude the use of paper ballots where, due to circumstances beyond the control  of the city, it will be impractical, impossible, or inadvisable to secure or use voting machines, and the city council makes declaration of such fact and enters same upon the minutes of any regular or  special city council meeting and thereupon authorizes the use of paper ballots in such election.

Section 5.13. Qualifying; absentee ballots; other provisions.

    Except as otherwise provided by this charter, the city council,  by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and  such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or  hereinafter amended.

Section 5.14. Election by majority vote.

    The city council shall be elected by a majority vote of the  votes cast for each position. The procedures and requirements for election of all elected officers of the city shall be in conformity  with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.

Section 5.15. Special election; vacancies.

    (a)    In the event of a vacancy in the  membership of the city council, whether that vacancy is in the office of mayor or any other member, and that vacancy occurs for any reason other than  expiration of term, that vacancy shall be filled as provided in this section:

        (1)    If the  unexpired term is six months or less, the remaining members of the city council, within ten days after the occurrence of the vacancy, shall appoint a qualified person to fill the  vacancy for the unexpired term and until a successor is elected and qualified;

        (2)    If the  vacancy occurs within the first two years of the term of the vacated office and a general municipal election will be held within 180 days but not less than 35 days after the occurrence of that vacancy, then the remaining members of the city council shall appoint, within  ten days after the vacancy occurs, a successor to fill that vacancy until it is filled for the remaining  unexpired term by a person who shall be elected at a special election held upon the same date as  that general municipal election. The remaining members of the city council shall order that special  election to be held on the same date as that general municipal election and the election  superintendent of the city shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The person elected at such special election to fill that vacancy shall take office within ten days after the results of that election are certified and shall serve out the remaining  unexpired term and until a successor is elected and qualified;

        (3)    If the  vacancy occurs at a time other than as provided for in paragraph (1) or (2) of this subsection, then within 15 days after the occurrence of said vacancy, the remaining members of the city council or those remaining shall order that a special election be called and the election superintendent of the city shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. That superintendent shall set the date of that special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The person elected to fill that vacancy shall take office within ten days after the results  of that election are certified and shall serve out the remaining unexpired term and until a successor  is elected and qualified.

    (b)    The residency requirements set  forth in section 5.21 of this charter shall apply to any successor appointed or elected to fill a vacancy pursuant to this section. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.

Section 5.16. Designation of city clerk as city registrar, absentee ballot clerk, municipal  elections superintendent.

    The city clerk is hereby designated as the official city registrar to receive from the board of  registrars of Thomas County, prior to all city elections the list of voters residing within the corporate limits of the city who, according to the records of the board, at that time are fully qualified and registered to vote in state and county elections at polling places within the city limits.  The city registrar shall, upon receipt of such list, purge same in accordance with the provisions of  the Georgia Municipal Election Code and certify such list to the city clerk as the official voters list to be used in pending elections.

    The city clerk is hereby designated as the absentee ballot clerk and shall conduct such absentee  balloting in accordance with the provisions of the Georgia Municipal Election Code, as amended.

    The city clerk is hereby designated as municipal elections superintendent and shall conduct all city elections in accordance with the provisions of the Georgia Municipal Election Code, as  amended. The superintendent shall serve without compensation.

    In the event of disability or other disqualification of the  city clerk, the city council may by  official declaration of such fact and the entering of same upon the minutes of any regular or special  council meeting thereupon designate such other person as such registrar, absentee ballot clerk, or municipal elections superintendent, and such person shall immediately assume the discharge of all  such responsibilities in accordance with the provisions of the Georgia Municipal Election Code, and no such action at any time in the election or run-off process shall be cause to invalidate any  subsequent act of such person or persons

Section 5.17. Registration of voters.

    All persons residing in the city who are qualified to vote and have a valid voter registration on  file with the board of registrars of Thomas County, for the purpose of voting in state and county  elections at polling places within the city limits, shall be the duly qualified and registered voters of the city and entitled to vote in all city elections for which they are not otherwise disqualified.

Section 5.18. Allocation and designation of council districts.

    Councilmembers shall be elected as follows: Two (2) members  shall be elected from and by the voters of Council District No. 1 and these councilmembers shall be designated as representing Council District No. 1, Post 1 and Council District No. 1, Post 2. Two (2) councilmembers shall be elected from and by the voters of Council District No. 2 and these councilmembers shall be designated as representing Council District No. 2, Post 1 and Council District No. 2, Post 2. One  (1) member shall be elected from and by the voters of the city at large and this councilmember shall be designated as the councilmember at large.

Section 5.19. Length of term.

    The councilmembers representing Council District No. 1, Post 1, and Council District No. 2,  Post 1, when this charter first becomes effective shall continue to serve out their terms of office, which shall expire December 31, 1991, and upon the election and qualification of their respective successors. The councilmember at large and the councilmembers representing Council District No. 1, Post 2 and Council District No. 2, Post 2 when this charter first becomes effective shall continue to serve out their terms of office, which shall expire December 31, 1993, and upon the election and  qualification of their successors. The councilmembers so continued in office shall be the governing authority of the city until their respective successors are elected and qualified pursuant to this charter. After January 1, 1991, successors to each councilmember whose term of office is to expire shall be elected at the general municipal election immediately preceding the expiration of such terms and shall take office the first day of January following that election for terms of office of  four years each and until their respective successors are elected and qualified.

Section 5.20. Councilmembers elected by voters in their district.

    Councilmembers elected to represent Council District No. 1 shall be elected only by the qualified  voters of the city residing within Council District No. 1; councilmembers elected to represent  Council District No. 2 shall be elected only by the qualified voters of the city residing within  Council District No. 2. Councilmembers at large shall be elected by all the qualified voters of the  city. Each candidate for election to the city council shall, in the manner provided by O.C.G.A.  Section 21-3-93, clearly, designate the specific office he is seeking. No candidate shall be elected  to  the office of councilmember unless such candidate shall have received a majority of the votes cast  to fill such office.

Section 5.21. Residency requirement.

    In order to be eligible for election as a councilmember to represent ‘Council District No. 1, a candidate must, in addition to all other requirements imposed by law, be a resident of Council  District No. 1; and if a councilmember representing Council District No. 1 removes his residence  from Council District No. 1, his office shall be immediately vacated as provided by O.C.G.A.  Section 45.5.1. In order to be eligible for election as a councilmember to represent Council District  No. 2, a candidate must, in addition to all other requirements imposed by law, be a resident of  Council District No. 2; and if a councilmember representing Council District No. 2 removes his residence from Council District No. 2, his office shall be immediately vacated as provided by O.C.G.A. Section 45-5-1. If any councilmember removes his residence from the city, his office shall be immediately vacated as provided by O.C.G.A. Section 45-5.1.

Section 5.22. Boundaries of council districts.

    For purposes of electing members of the city council, the  city is divided into two (2) council districts as follows:

    Council District No. 1. All that portion of the city which lies west of a line through the approximate center of the city, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of Glenwood Drive, and run south along the  center line of Glenwood Drive to its intersection with the center line of the right-of-way of Edgewood Circle; run thence in a southerly direction along the center line of Edgewood Circle to  its intersection with the center line of the right-of-way of Mitchell Street; run thence in a  southeasterly direction along the center line of the right-of-way of Mitchell Street to its intersection  with the center line of the right-of-way of Clay Street; run thence in a southwesterly direction along the center line of the right-of-way of Clay Street to its intersection with the center line of the right-of-way  of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to its intersection with the center line of the right-of-way of Monroe Street;  run thence southwesterly along the center line of the right-of-way of Monroe Street to its  intersection with the center line of Madison Street; run thence southeasterly along the center line of the right-of-way of Madison Street to its intersection with the center line of the right-of-way of  Remington Avenue; run thence in a northeasterly direction along the center line of the right-of-way  of Remington Avenue to its intersection with the center line of the right-of-way of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to  its intersection with the center line of the right-of-way of the former Seaboard Coastline Railroad,  now CSX Transportation Inc.; run thence in an easterly direction along the center line of the right-of-way of such railroad to its intersection with the center line of Hansell Street; run thence in a  southerly direction along the center line of the right-of-way of Hansell Street to its intersection with the center line of the right-of-way of Metcalf Avenue; run thence in an easterly direction along the  center line of the right-of-way of Metcalf Avenue to its intersection with the center line of the right-of-way  of Loomis Street; run thence in a southwesterly direction along the center line of the right-of-way of Loomis Street to its intersection with the center line of the right-of-way of South Street;  run thence in a southerly direction along the center line of the right-of-way of South Street to its intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly direction along the center line of the right-of-way of Augusta Avenue to its intersection with the  center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way  of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the city which lies west of the line described above and all property within the limits of the city due west of a line created by extending in a northerly  direction the northern terminus of the line described above, and all property within the limits of the  city which lies due west of a line created by extending in a southerly direction the southern terminus of the line described above shall be deemed to lie within Council District No. 1.

    Council District No. 2. All that portion of the city which lies east of a line through the approximate center of the city, such line being more particularly described as follows: For a point of beginning commence at the intersection of the northerly margin of the right-of-way of Pinetree Boulevard and the center line of the right-of-way of Glenwood Drive, and run south along the  center line of Glenwood Drive to its intersection with the center line of the right-of-way of Edgewood Circle; run thence in a southerly direction along the center line of Edgewood Circle to  its intersection with the center line of the right-of-way of Mitchell Street; run thence in a  southeasterly direction along the center line of the right-of-way of Mitchell Street to its intersection  with the center line of the right-of-way of Clay Street; run thence in a southwesterly direction along the center line of the right-of-way of Clay Street to its intersection with the center line of the right-of-way  of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to its intersection with the center line of the right-of-way of Monroe Street;  run thence southwesterly along the center line of the right-of-way of Monroe Street to its  intersection with the center line of Madison Street; run thence southeasterly along the center line of the right-of-way of Madison Street to its intersection with the center line of the right-of-way of  Remington Avenue; run thence in a northeasterly direction along the center line of the right-of-way  of Remington Avenue to its intersection with the center line of the right-of-way of Broad Street; run thence in a southeasterly direction along the center line of the right-of-way of Broad Street to  its intersection with the center line of the former Seaboard Coastline Railroad, now CSX  Transportation, Inc.; run thence in an easterly direction along the center line of the right-of-way  of  such railroad to its intersection with the center line of Hansell Street; run thence in a southerly  direction along the center line of the right-of-way of Hansell Street to its intersection with the  center line of the right-of-way of Metcalf Avenue; run thence in an easterly direction along the  center line of the right-of-way of Metcalf Avenue to its intersection with the center line of the right-of-way of Loomis Street; run thence in a southwesterly direction along the center line of the right-of-way  of Loomis Street to its intersection with the center line of the right-of-way of South Street; run thence in a southerly direction along the center line of the right-of-way of South Street to its  intersection with the center line of the right-of-way of Augusta Avenue; run thence in an easterly  direction along the center line of the right-of-way of Augusta Avenue to its intersection with the center line of the right-of-way of Orange Street; run thence south along the center line of the right-of-way  of Orange Street to its intersection with the southerly margin of the right-of-way of Pinetree Boulevard. All property within the limits of the city which lies east of the line described above and  all property within the limits of the city due east of a line created by extending in a northerly direction of the northern terminus of the line described above, and all property within the limits of the city which lies due east of a line created by extending in a southerly direction the southern terminus of the line described above shall be deemed to lie within Council District No. 2.

(Ord. of 5-10-93,  I(A))

ARTICLE VI. FINANCE

Section 6.10. Funds deposited in city treasury.

    The city council may by resolution or ordinance provide that all moneys and funds coming into any department or the hands of any official or employee, and belonging to the city, shall be turned into the city treasury as often as may be practicable, for which the city treasurer shall keep accurate records and issue valid receipts to the department or official making such deposits.  Wherever practicable, such deposits shall be made with the city treasurer daily, and the city  treasurer may be required by the board or the city manager at any time to prepare a financial  statement of his affairs.

Section 6.11. Property tax.

    The city council may assess, levy and collect an ad valorem  tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city 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 city council in its discretion. Such tax on real or personal property shall be ad valorem and not exceeding one-half of one (1) percent for ordinary current expenses.

Section 6.12. Millage rate; due dates; payment methods.

    The city council by ordinance shall establish a millage rate for the city property tax, a due date,  and the time period within which these taxes must be paid. The city council by ordinance may  provide for the payment of these taxes by installments or in one lump sum, as well us authorize  voluntary payment of taxes prior to the time when due, and to establish discounts for early  payments.

Section 6.13. Occupation and business taxes.

    The city council by ordinance shall have the power to levy such occupation or business taxes as  are not denied by law. Such taxes maybe levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.19.

Section 6.14. Licenses; permits; fees.

    The city council by ordinance shall have the power to require  any individuals or corporations  who transact business in this city or who practice or offer to practice any profession or calling  therein to obtain a license or permit for such activity from the city 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 city regulations. Such fees may reflect the total cost to the city of regulating the activity  and, if unpaid, shall be collected as provided in Section 6.19. The city council by ordinance may  establish reasonable requirements for obtaining or keeping such licenses as the public health,  safety, and welfare necessitate.

Section 6.15. Franchises.

    The city council shall have the power to grant franchises  for the use of this city's streets and  alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive,  and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless the city receives just and adequate compensation therefor.

Section 6.16. Service charges; credit allowed for sewer connections.

    (a)    The city council by ordinance shall have the power to assess and collect fees charges, and  tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or  making available such services. If unpaid, such charges shall be collected as provided in Section 6.19.

    (b)    Any person desiring to tap on to the sewerage system of the city may do so subject to the rules and regulations prescribed elsewhere in this charter and applicable ordinances adopted by the  city council for that purpose. The city council is hereby authorized to collect the charges for such connection in cash in advance or on an amortized basis with the terms of payment and interest rates  to be established from time to time by the city council and within the authority contained in this section. The city is hereby given the power to charge legal rates of interest on all amortized  payments and to make the terms of such payments extend over as many months or years as the city may by ordinance prescribe.

    The passage of an ordinance for the connection of an individual  property sewer line to any existing sewer lateral of the city, together with an ordinance determining the cost of the same and  assessing the charges against the property of any person not paying in full his tapping fee, as  prescribed by ordinance, shall, when properly entered on the minutes of the city council, be notice of such lien from the date of the approval of such ordinance for such sewerage tap as full and completely as if the same were in the shape of an execution and entered on a docket of the clerk of the superior court under the general registration law. The