Bill Text: GA HB1249 | 2011-2012 | Regular Session | Introduced

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Bill Title: Lyerly, Town of; provide new charter

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-01 - Effective Date [HB1249 Detail]

Download: Georgia-2011-HB1249-Introduced.html

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12 LC 28 6189/AP

House Bill 1249 (AS PASSED HOUSE AND SENATE)

By: Representative Reece of the 11th

A BILL TO BE ENTITLED
AN ACT

To provide a new charter for the Town of Lyerly; 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 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 city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; 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, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I
INCORPORATION
SECTION 1.10.
Incorporation.

This Act shall constitute the whole charter of the Town of Lyerly repealing and replacing the charter provided by an Act of the General Assembly approved April 5, 1976 (Ga. L. 1976, p. 4051), as amended. The Town of Lyerly, Georgia, in the County of Chattooga and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of the "Town of Lyerly, Georgia," and by that name shall have perpetual succession, may sue and be sued and plead and be impleaded in all the courts of law and equity and in all actions whatsoever and may have and use a common seal and change it at pleasure.

SECTION 1.11.
Corporate boundaries.

(a) The boundaries of the Town of Lyerly 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 current boundaries of the Town of Lyerly at all times shall be shown on a map to be retained permanently in the office of the town clerk and to be designated: "Map of Lyerly, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed, or other copies of such map certified by the mayor shall be admitted in evidence in all courts and shall have the same force and effect as the original map.
(b) The town 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 earlier map or maps which it is designated to replace.

SECTION 1.12.
Specific powers and construction.

(a) The government of the Town of Lyerly shall have all powers possible for a town 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 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 liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town.

SECTION 1.13.
Examples of powers.

(a) 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.
(b) Appropriations and expenditures. To make appropriations for the support of the government of the town; 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 town.
(c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades.
(d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town taxes or fees.
(e) Condemnation. To condemn property inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
(f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations.
(g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the town, 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 town.
(h) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the town, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment.
(i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations consistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof.
(j) 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 town from all individuals, firms, and corporations residing in or doing business therein 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.
(k) 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 town, and to provide for the enforcement of such standards.
(l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose.
(m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
(n) Jail sentences. To provide that persons given jail sentences in the town's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials.
(o) 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 town.
(p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same.
(q) Municipal debts. To appropriate and borrow money for the payment of debts of the town 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.
(r) Municipal property ownership. To acquire, dispose of, lease, 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 town.
(s) Municipal property protection. To provide for the preservation and protection of property and equipment of the town, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof.
(t) 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, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix 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.
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property.
(v) 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.
(w) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community.
(x) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency.
(y) 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.
(z) 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 town; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
(aa) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances.
(bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial.
(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; 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 not in conflict with valid regulations of the Public Service Commission.
(dd) 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 town; and to prescribe penalties and punishment for violation of such ordinances.
(ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the town.
(ff) 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 town; 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 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.
(gg) 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 the 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.
(hh) 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.
(ii) Special areas of public regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; 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; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas.
(jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements.
(kk) Taxes: Ad valorem and other. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; to levy and collect such other taxes as may be allowed now or in the future by law.
(ll) Taxicabs. To regulate and license vehicles operated for hire in the town; 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.
(mm) Urban redevelopment. To organize and operate an urban redevelopment program.
(nn) 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; and to exercise all implied powers necessary or desirable to carry into execution 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.

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 as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II
LEGISLATIVE BRANCH
CHAPTER 1
Governing body.

SECTION 2.10.
Creation; number; election.

The legislative authority of the government of the Town of Lyerly, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of four members, who shall be elected in the manner provided by Article V of this charter. The town council established shall in all respects be a successor to and continuation of the governing authority under prior law. The councilmembers in office on the effective date of this Act shall continue in office until the expiration of the terms for which they were elected.

SECTION 2.11.
Qualifications and terms of office.

(a) Qualifications. A person shall be eligible to serve as councilmember if such person shall have been a resident of the town for a period of one year immediately prior to the date of the election to such office; shall continue to reside therein during such person's period of service; and shall be registered and qualified to vote in municipal elections of the Town of Lyerly; and shall meet the qualifications required of members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Employees of the Town of Lyerly are ineligible to qualify for the election to public offices as outlined in subsection (i) of Section 2.14. Minimum age requirements for councilmembers shall be set at 21 years of age.
(b) Terms. The members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. To hold the office of councilmember, a person shall continue to possess the qualifications prescribed in subsection (a) of this section and shall not hold any other elective public office, or hold any position of employment with the State of Georgia, or any county, city, or town thereof.

SECTION 2.12.
Vacancy; forfeiture of office; filling of vacancies.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any relevant event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
(b) Forfeiture of office. The mayor or any councilmember shall forfeit his or her office if such person:

(1) Lacks at any time during such person's term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia;

(2) Willfully and knowingly violates any express prohibition of this charter; or

(3) Is convicted of a crime involving moral turpitude.

(c) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the town council or those members remaining if fewer than 12 months remain in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled by a special election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are or may hereafter be enacted.
(d) Subsection (c) of this section shall also apply to a temporary vacancy created by the suspension from office of any councilmember.

SECTION 2.13.
Compensation and expenses.

The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office and may fix their compensation as authorized by general law; provided, however, that no increase in the salary of the mayor or councilmembers shall become effective until the date of commencement of the terms of mayor and councilmembers elected at the next regular election.

SECTION 2.14.
Prohibitions.

(a) Elected and appointed officers of the town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents.
(b) Holding other office. Except as authorized by law, no member of the town council or mayor shall hold any other elective town office or town employment during the term for which such person was elected.
(c) Voting when personally interested. Neither the mayor nor any other member of the council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which such person is personally or financially interested.
(d) Conflict of interest. No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies 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 that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those 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 that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties;

(3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others;

(4) Accept any valuable gift, in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official 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 town or any portion of its government; or

(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest.

(e) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such interest to the town council. The mayor or any councilmember who has a financial interest in any matter pending before the town council shall disclose such interest and such disclosure shall be entered on the records of the town council, and that official shall disqualify himself or herself 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 financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity.
(f) Use of public property. No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the town.
(g) 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 town council.
(h) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the town or otherwise be employed by such government or any agency thereof during the term for which that official was elected.
(i) Political activities of certain officers and employees. No appointive officer or employee of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon qualifying for or election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town employee. Such determination shall be made by the town council either immediately upon election or at any time such conflict may arise.
(j) Penalties for violation. Any town 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 that person's office or position. Any officer or employee of the town who shall forfeit an office or position as provided in this subsection shall be ineligible for appointment or election to or employment in a position in the town government for a period of three years.

SECTION 2.15.
Inquiries and investigations.

Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town and the 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 town council shall be punished as provided by ordinance.

SECTION 2.16.
General power and authority of the town council.

(a) Except as otherwise provided by law or by this charter, the town council shall be vested with all the powers of government of the Town of Lyerly as provided by Article I of this charter.
(b) In addition to all other powers conferred upon it by law, the town council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter and the Constitution and laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the Town of Lyerly and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.17.
Eminent domain.

The town 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, 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 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.

CHAPTER 2
Organizations and procedures.

SECTION 2.18.
Organization.

(a) At the first regular meeting in each year, the oath of office shall be administered to the mayor and councilmembers beginning a new term of office as follows:

"I do solemnly swear 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. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold such office according to the Constitution and laws of Georgia. I have been a resident of the Town of Lyerly for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the Town of Lyerly to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19.
Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as shall be prescribed by ordinance. The town council may recess any regular meeting and continue such meeting on any weekday or hour it may fix, and may transact any business at such continued meeting that may be transacted at any regular meeting.
(b) Special meetings of the town council may be held on call of the mayor or three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20.
Rules of procedure.

(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
(b) All committees and committee chairs and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21.
Quorum; voting.

Three councilmembers shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) No member of the town council shall abstain from voting on any matter properly brought before the town council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the town council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.

SECTION 2.22.
Ordinances.

(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 "It is hereby ordained by the governing authority of the Town of Lyerly" 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 town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and 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 town council may designate.

SECTION 2.23.
Action requiring an ordinance.

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

SECTION 2.24.
Emergency ordinances.

(a) To meet a public emergency affecting life, health, property, or public peace, the town council may adopt one or more emergency ordinances, but such ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific 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 members of the town council shall be required for adoption. It shall become effective upon adoption or at such later 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 if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for 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 2.25.
Codes of technical regulations.

(a) The town 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 subsection (b) of Section 2.22 of this charter 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 clerk pursuant to Section 2.26 of this charter.

(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.26.
Signing, authenticating, recording, codification, printing.

(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the town council.
(b) The town council may provide for the preparation of a general codification of all of the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Lyerly, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town, and made available for purchase by the public at a reasonable price as fixed by the town council.
(c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The town council shall make such further arrangements as are 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 2.27.
Town council interference with administration.

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

ARTICLE III
EXECUTIVE BRANCH
CHAPTER 1
Mayor.

SECTION 3.10.

Qualification; election; term.

(a) Qualifications. To qualify for election as mayor, a person shall be at least 25 years of age; shall have been a resident of the town for at least one year preceding the date of qualifying for candidacy for mayor; and shall be registered and qualified to vote in municipal elections of the Town of Lyerly.
(b) Election and term. At each regular election, the voters of the town shall elect a mayor at large for a term of four years. To hold the office of mayor, a person shall continue to possess the qualifications prescribed in subsection (a) of this section and shall not hold any other elective public office, or hold any position of employment with the State of Georgia, or any county, city, or town thereof.

SECTION 3.11.
Mayor pro tem.

The councilmember receiving the highest number of votes in the general election for the office of councilmember shall be appointed by the town council as mayor pro tem. The mayor pro tem shall act as mayor during the absence or disability of the mayor for any cause. When acting as mayor, the mayor pro tem shall be clothed with all the rights and privileges of the mayor and shall perform duties 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. When serving as mayor, the mayor pro tem shall not also vote as a member of the town council.

SECTION 3.12.
Chief executive officer.

The mayor shall be the chief executive of the Town of Lyerly and shall possess, have, and exercise all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

SECTION 3.13.
Powers and duties.

As the chief executive of the Town of Lyerly, the mayor shall:

(1) Execute and enforce the provisions of this charter, the ordinances of the town, and all other laws;

(2) Be the head of the town for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the town and the chief advocate of policy;

(3) Exercise supervision over the administration of all departments of the town and may delegate all or part of such supervision to the department heads;

(4) Prepare periodically, but not less than annually, and submit to the town council for approval a comprehensive development policy which shall consider the town's physical, economic, and social aspects and state the goals and objectives of the Town of Lyerly and its citizens and the necessary recommendations, policies, programs, and priorities for obtaining them;

(5) Submit to the town council the recommended annual budget;

(6) Approve or veto proposed ordinances and resolutions as provided in this charter;

(7) Convene special meetings of the town council at his or her discretion;

(8) Conduct studies and make investigations and reports to the town council concerning the operations of departments, offices, and agencies of the town and require any department, board, commission, or agency under his or her jurisdiction to submit written reports and information;

(9) Prescribe, require, publish, and implement standards of administrative management and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the town subject to his or her supervision or jurisdiction or delegate all or part of such responsibilities to the department head;

(10) Advise the town council as to the financial condition, future needs, and general welfare of the town and make such recommendations to the town council concerning the affairs of the town as he or she deems desirable;

(11) When authorized by the town council, negotiate deeds, bonds, contracts, and other instruments and documents on behalf of the town and execute same after final approval by the town council;

(12) Represent the town in affairs of intergovernmental relations, promote and improve the government of the town, encourage the growth of the town, and promote and develop the prosperity and social well-being of its people;

(13) Initiate such administrative reorganization within town government as he or she may deem desirable;

(14) Purchase supplies, material, equipment, and personal property of every type and description, and services for the rental, repair, or maintenance of equipment, machinery, and other town owned property; provided, however, that the purchase amount does not exceed amounts prescribed by internal control policies; any award of contract not competitively procured in accordance with the ordinances of the town or not awarded to the lowest bidder or offerer shall be approved by the town council prior to award; and

(15) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 3.14.

Delegation of powers and duties; prohibition.

In no event shall the mayor delegate to the department head or any other appointed officer or employee the power to approve or veto ordinances or resolutions, convene meetings of the town council, serve as acting mayor, remove the town attorney or town clerk, or amend budgets.

SECTION 3.15.
Submission of ordinances to the mayor; veto power.

(a) All ordinances adopted by the town council shall be presented promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town council through the clerk a written statement of the reasons for veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its next regular meeting and should the town council then or at its next regular meeting adopt the ordinance by an affirmative vote of three of its members, excluding the mayor, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the town council as provided in subsection (c) of this section.

CHAPTER 2
Organization and general provisions.

SECTION 3.20.
Administrative and service departments.

(a) Except as otherwise provided in this charter, the town council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town, as necessary for the proper administration of the affairs and government of the town.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as is prescribed by ordinance or resolution.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the town council. All appointive officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.

SECTION 3.21.
Boards, commissions, and authorities.

(a) The town council shall create by ordinance boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town 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 town shall be nominated by the mayor with confirmation of appointment by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by law.
(c) The town 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 town.
(e) Any vacancy on a board, commission, or authority of the town 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 that person has executed and filed with the clerk of the town an oath obligating that individual to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board, commission, and authority members serve at will and may be removed at any time by a vote of three members of the town council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chair and one member as vice chairperson, and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, 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 town.

SECTION 3.22.

Town attorney.

The mayor shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for providing for the representation and defense of the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the town council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of the person's position as town attorney. The town attorney is not a public official of the town and shall not take an oath of office. The town attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the town attorney.

SECTION 3.23.
Town clerk.

The mayor shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal and town records, maintain town council records required by this charter, and perform such other duties as may be required by the mayor and town council.

SECTION 3.24.
Tax collector.

The town council may appoint a tax collector 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 consistent therewith. The tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.25.

Consolidation of functions.

The town council may consolidate any two or more of the positions of town clerk and town tax collector, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

CHAPTER 3
Personnel administration.

SECTION 3.30.
Personnel policies.

All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. The town council shall adopt rules and regulations consistent with the charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Lyerly.

ARTICLE IV
JUDICIAL BRANCH

SECTION 4.10.
Creation; name.

There shall be a court to be known as the Municipal Court of the Town of Lyerly.

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 standby judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the town council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges shall serve at will and may be removed from office at any time by the town council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council by the clerk.

SECTION 4.12.
Convening.

The municipal court shall be convened at regular intervals as provided by ordinance.

SECTION 4.13.
Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all town 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 $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days 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 operation, 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 recognizances 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 that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two 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 town, or the property so deposited shall have a lien against it for the value forfeited which shall be enforceable in the same manner and to the same extent as a lien for town 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 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 town, 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 town.

SECTION 4.14.
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 Chattooga 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 town 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 town council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the town clerk, shall 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 such proceedings.

ARTICLE V
ELECTIONS AND REMOVAL

SECTION 5.10.
Applicability of general laws.

All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.11.

Election of the town council and mayor.

(a) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November.
(b) There shall be elected the mayor and two councilmembers at one election and at every other regular election thereafter. The remaining town council seats shall be filled at the election alternating with the first election so that a continuing body is created. Except as otherwise provided in subsection (d) of this section, terms of office shall be for four years and until a successor is elected and qualified.
(c) The mayor and councilmembers shall be elected at large. Officers shall be sworn in at the first organizational meeting in January as provided by this charter.
(d) At the 2013 municipal general election, two of the town council seats shall be designated for two-year terms of office and two seats shall be designated for four-year terms of office. Successors to the two persons who are elected to the two-year terms of office shall be elected at the 2015 municipal general election. Successors to the two persons who are elected to the four-year terms of office shall be elected at the 2017 municipal general election. A successor to the mayor shall be elected at the 2013 municipal general election for a four-year term of office. Thereafter, successors to the mayor and councilmembers shall be elected at the municipal general election immediately preceding the expiration of the term of office for terms of four years and until their respective successors are elected and qualified.

SECTION 5.12.
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.

SECTION 5.13.

Qualifying; nomination and election of candidates; absentee ballots.

The town council may, by ordinance, prescribe rules and regulations consistent with law governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, purging of registration lists, and such other rules and regulations as may be necessary for the conduct of elections in the Town of Lyerly. The candidate for mayor receiving the highest number of votes shall be deemed elected mayor, and the candidates receiving the highest number of votes for councilmembers shall be deemed elected councilmembers.

SECTION 5.14.

Vacancies.

In the event that the office of mayor shall become vacant for any cause whatsoever, the mayor pro tem shall act as mayor until the next general election with all the powers and duties of the mayor. In the event that the office of councilmember shall become vacant for any cause whatsoever, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term, the town council or those remaining shall appoint a successor for the remainder of the term, so long as the necessary quorum to approve the appointment remains. The tenure of office of councilmember so appointed shall continue only until the next general election. In the event that the required number of councilmembers to constitute a quorum does not remain, the town council or those members remaining shall order a special election to fill the balance of the unexpired term of such official or officials. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15.
Other provisions.

Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.16.
Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:

(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or 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. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the town council to the Superior Court of Chattooga County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.

(2) By an order of the Superior Court of Chattooga County following a hearing on a complaint seeking such removal brought by any resident of the Town of Lyerly.

ARTICLE VI
FINANCE AND FISCAL
CHAPTER 1
Taxation.

SECTION 6.10.
Property taxes.

The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town 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 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 dates; payment methods.

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

SECTION 6.12.
Licenses; occupational taxes; excise taxes.

The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town council may classify businesses, occupations, or professions 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 6.18 of this charter.

SECTION 6.13.
Regulatory fees; permits.

The town council by ordinance shall have the power to require businesses or practitioners doing business within the town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity, and if unpaid shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14.
Franchises.

(a) The town council shall have the power to grant franchises for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
(b) If no franchise agreement is in effect, the town council has the authority to impose a tax on gross receipts for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15.

Service charges.

The town council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the town. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16.
Special assessments.

The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

SECTION 6.17.
Construction; other taxes and fees.

This town shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs.

SECTION 6.18.
Collection of delinquent taxes.

The town council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fas; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town issued permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.

CHAPTER 2
Indebtedness.

SECTION 6.19.
General obligation bonds.

The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken.

SECTION 6.20.
Revenue bonds.

Revenue bonds may be issued by the town council 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 must repay such loans not later than December 31 of 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 the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts shall be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

CHAPTER 3
Accounting and budgeting.

SECTION 6.30.
Fiscal year.

The town council shall set the fiscal year by ordinance. Such fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department or institution, agency, and activity of the town government, unless otherwise provided by state or federal law.

SECTION 6.31.
Submission of operating budget to town council.

On or before a date fixed by the town council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection.

SECTION 6.32.
Action by town council on budget.

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

SECTION 6.33.
Tax levies.

The town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the town.

SECTION 6.34.
Changes in appropriations.

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

SECTION 6.35.
Independent audit.

There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing cost to the public.

CHAPTER 4
Procurement and property management.

SECTION 6.40.
Contracting procedures.

No contract with the town shall be binding on the town unless:

(1) It is in writing;

(2) It is drawn by or submitted to and reviewed by the town attorney, and as a matter of course, is signed by the town attorney to indicate such drafting or review; and

(3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings.

SECTION 6.41.
Centralized purchasing.

The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the Town of Lyerly.

SECTION 6.42.
Sale and lease of town property.

(a) The town council may sell and convey, or lease any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law.
(b) The town council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to sell and convey such cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of such street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase such property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII
GENERAL PROVISIONS

SECTION 7.10.
Bonds for officials.

The officers and employees of this town, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions 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 now in force in the town not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the town council.

SECTION 7.12.
Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the town council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13.
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 or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council.

SECTION 7.14.
Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

SECTION 7.15.
Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 7.16.
Repealer.

An Act incorporating the Town of Lyerly in the County of Chattooga, approved April 5, 1976 (Ga. L. 1976, p. 4051), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.17.
Effective date.

This charter shall become effective on July 1, 2012.

SECTION 7.18.
General repealer.

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