TOWN OF PRESTON

NEW CHARTER

No. 710 (House Bill No. 1630)

Signed by Governor Sonny Perdue

May 17, 2004

Index - City Charter

ARTICLE I INCORPORATION, POWERS

Section 1.10. Incorporation

Section 1.11. Corporate Boundaries

Section 1.12. Examples of Power

(1) Property Taxes

(2) Other Taxes

(3) Business Regulation and Taxation

(4) Appropriations and Expenditures

(5) Municipal Debts

(6) Municipal Property Ownership

(7) Gifts

(8) Condemnation

(9) Municipal Utilities

(10) Public Utilities and Services

(11) Roadways

(12) Public Improvements

(13) Sidewalk Maintenance

(14) Building Regulation

(15) Planning and Zoning

(16) Public Peace

(17) Special Areas of Public Regulation

(18) Regulation of Roadside Areas

(19) Health and Sanitation

(20) Air and Water Pollution

(21) Fire Regulations

(22) Public Hazards, Removal

(23) Solid Waste Disposal

(24) Garbage Fees

(25) Sewer Fees

(26) Nuisance

(27) Municipal Property Protection

(28) Jail Sentences

(29) Animal Regulations

(30) Motor Vehicles

(31) Taxicabs

(32) Pensions

(33) Special Assessments

(34) Contracts

(35) City Agencies and Delegation of Power

(36) Penalties

(37) Police and Fire Protection

(38) Emergencies

(39) Urban Redevelopment

(40) Public Transportation

(41) General Health, Safety, and Welfare

(42) Other Powers

Section 1.13. Exercise of Powers

ARTICLE II GOVERNING BODY

Section 2.10. Creation; Composition; Number; Election

Section 2.11. Terms and Qualification of Office

Section 2.12. Vacancy; Filling of; Forfeiture of Office

Section 2.13. Compensation and Expenses

Section 2.14. Prohibitions

Section 2.15. Code of Ethics

Section 2.16. Inquiries and Investigations

Section 2.17. General Power and Authority of the Council

Section 2.18. Chief Executive Officer

Section 2.19. Powers and Duties of Mayor

Section 2.20. Mayor Pro Tem; Selection; Duties.

Section 2.21. Organization Meeting.

Section 2.22. Regular and Special Meetings.

Section 2.23. Rules of Procedure.

Section 2.24. Quorum; Voting.

Section 2.25. Action Requiring an Ordinance.

Section 2.26. Emergency Ordinances.

Section 2.27. Codes of Technical Regulations.

Section 2.28. Signing, Authenticating, Recoding, Codification, Printing.

ARTICLE III ADMINISTRATIVE AFFAIRS

Section 3.10. Administrative and Service Departments

Section 3.11. Boards, Commissions and Authorities

Section 3.12. City Attorney

Section 3.13. City Clerk

Section 3.14. Tax Collector

Section 3.15. City Accountant

Section 3.16. Consolidation of Functions

Section 3.17. Position Classification and Pay Plans

Section 3.18. Personnel Policies

ARTICLE IV MUNICIPAL COURT

Section 4.10. Creation of Municipal Court

Section 4.11. Chief Judge, Associate Judge

Section 4.12. Convening

Section 4.13. Jurisdiction

Section 4.14. Appeal

Section 4.15. Rules for Court

ARTICLE V ELECTIONS

Section 5.10. Applicability of General Law

Section 5.11. Election of Council and Mayor

Section 5.12. Special Elections; Vacancies

Section 5.13. Nonpartisan Elections

Section 5.14. Other Provisions

Section 5.15. Grounds for Removal

Section 5.16. Procedure for Removal

ARTICLE VI FINANCE

Section 6.10. Property Tax

Section 6.11. Millage Rate, Due Dates, Payment Methods

Section 6.12. Occupation and Business Taxes

Section 6.13. Licenses, Permits

Section 6.14. Service Charges

Section 6.15. Special Assessments

Section 6.16. Construction, Other Taxes

Section 6.17. Collection of Delinquent Taxes and Fees

Section 6.18. Transfer of Executions

Section 6.19. General Obligation Bonds

Section 6.20. Revenue Bonds

Section 6.21. Short-term Notes

Section 6.22. Fiscal Year

Section 6.23. Preparation of Budgets

Section 6.24. Additional Appropriations

Section 6.25. Capital Improvements Budget

Section 6.26. Independent Audit

Section 6.27. Contracting Procedures

Section 6.28. Centralized Purchasing

Section 6.29. Sale of City Property

ARTICLE VII GENERAL PROVISIONS

Section 7.10. Eminent Domain

Section 7.11. Franchises

Section 7.12. Official Bonds

Section 7.13. Prior Ordinances

Section 7.14. Existing Personnel and Officers

Section 7.15. Pending Matters

Section 7.16. Penalties

Section 7.17. Construction

Section 7.18. Severability

Section 7.19. Specific Repealer

Section 7.20. Effective Dates

Section 7.21. Repealer

AN ACT

To provide a new Charter for the City of Preston in the County of Webster; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

ARTICLE I INCORPORATION, POWERS

Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Preston, repealing and replacing the charter provided by an Act of the General Assembly, approved March 11, 1977 (Ga. L.1977, p. 2994), as amended. The City of Preston, Georgia, in the County of Webster and inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of the City of Preston, Georgia, and by that name shall have perpetual succession, may sue and be sued, 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 City of Preston shall be those existing on the effective date 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 City of Preston, at all times, shall be shown on a map to be retained permanently in the office of City Clerk and to be designated: “City of Preston, 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 or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.

(b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.

Section 1.12. Examples of Powers. The corporate powers of the City may include, but shall not be limited to, the following:

(1) Property Taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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

(3) Business Regulation and Taxation. To levy and to provide for the 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;

(4) Appropriations and Expenditures. To make appropriations for 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;

(5) 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;

(6) 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;

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

(8) 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, under Section 36-202 of the Code of Georgia, 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended;

(9) 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, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;

(10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, 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 such regulations by the Georgia Public Service Commission;

(11) 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, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways 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;

(12) 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 any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended;

(13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;

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

(15) Planning and Zoning. To provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;

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

(17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; 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 other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate of prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors;

(18) 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;

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

(20) Air and Water Pollution. To regulate the emission of smoke or their exhaust, which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the City;

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

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

(23) 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;

(24) 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 from all individuals, firms, and corporations residing in or doing business herein benefitting 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;

(25) 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 the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system;

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

(27) 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;

(28) Jail Sentences. To provide that persons given jail sentences in the City’s court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;

(29) Animal Regulations. To regulate and license, or 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; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder;

(30) 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;

(31) 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 and rent parking spaces in public ways for the use of such vehicles;

(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City;

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

(34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefore;

(35) City 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 same;

(36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

(37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;

(38) 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;

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

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

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

(42) 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 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. 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 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees may be exercised as provided by this charter. If this charter makes no provision such may be exercised as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II GOVERNING BODY

Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter.

Section 2.11. Terms and Qualification of Office. The members of the governing body 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 Mayor or Councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City.

Section 2.12. Vacancy; Filling of; Forfeiture of Office.

(a) The office of Mayor or Councilman shall become vacant upon the incumbent’s death, resignation, and forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia.

(b) A vacancy in the office of Mayor or Councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.

(1) lacks at any time during his 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.

Section 2.13. Compensation and Expenses. The salaries of the Mayor and City Council of Preston, Georgia, shall be fixed by said Mayor and City Council in January next following the City’s election except as otherwise limited by the general laws of the State of Georgia. The Mayor and Councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.

Section 2.14. Prohibitions. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he was elected.

Section 2.15. Code of Ethics. The Governing Body may enact by ordinance a Code of Ethics, which shall apply to all elected officials, appointed officers and employees of the City.

Section 2.16. Inquiries and Investigations. The Governing Body may make inquiries and investigations in to the affairs of the City 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 Governing Body shall be punished as provided by ordinance.

Section 2.17. General Power and Authority of the Council.

(a) Except as otherwise provided by law or by this charter, the Governing Body shall be vested with all the powers of government of this City as provided by Article I of this charter.

(b) In addition to all other powers conferred upon it by law, the Governing Body shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and/or property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this City. The Governing Body may enforce such ordinances by imposing penalties for the violation thereof.

(c) The Governing Body may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments, of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.

Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of the City. He shall possess all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

Section 2.19. Powers and Duties of Mayor. As the chief executive of this City, the Mayor:

(a) shall see that all laws and ordinances of the City are faithfully executed;

(b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council;

(c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter;

(d) shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities;

(e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget;

(f) may submit to the Council at least once a year a statement covering the financial conditions of the City and, from time to time, such other information as the Council may request;

(g) shall recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;

(h) shall call special meetings of the Council as provided for in Section 2.23 (b);

(i) may examine and audit all accounts of the City;

(j) shall require any department or agency of the City to submit written reports whenever he deems it expedient;

(k) shall perform other duties as may be required by general State law, this charter or ordinance.

Section 2.20. Mayor Pro Tem; Selection; Duties. At the first scheduled meeting in January of each year, the Governing Body shall elect by majority vote of all the members thereof shall elect one of their number to the position of Mayor Pro Tem, who shall assume the duties and powers of the Mayor upon the Mayor’s disability or absence. The Governing Body shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Governing Body.

Section 2.21. Organization Meeting.

(a) The Governing Body shall meet for organization on the first scheduled meeting in January next following the regular City election. The meeting shall be called to order by the City Clerk and the oath of office shall be administered by the City Clerk to the newly elected members as follows:

“I {Name of newly elected official} do solemnly swear that I will faithfully and impartially discharge to the best of my ability, the duties imposed upon me by law as (Mayor or Councilman as the case may be) for the Town of Preston.

“I do further solemnly swear (or affirm) that I am not the holder of any unaccounted for public money due this State; that I am not the holder of any office of trust under the government of the United States, or any other state, or any foreign state which I am prohibited for holding by the laws of the State of Georgia; and that I am otherwise qualified to hold said office, according to the Constitution of the United States and Laws of Georgia; and that I will support the Constitution of the United States and of this State.”

“I do further solemnly swear that I have been a resident of the Town of Preston for more that one year; that I am a registered voter of the Town of Preston and resident for the time required by the Constitution and laws of this state.”

So help me God.”

(b) In any January meeting following a regular City election, and following the induction of members, the Governing Body by majority vote of all the members thereof shall elect one of their number to the position of Mayor Pro Tem. (The Mayor Pro Tem shall serve for a term of one (1) year and until his or her successor is elected and qualified, and may succeed himself or herself.)

Section 2.22. Regular and Special Meetings

(a) The Governing Body shall hold regular meetings at such times and places as prescribed by ordinance. The Governing Body 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 as may be transacted at any regular meeting.

(b) Special meetings of the Governing Body may be held on call of the Mayor or two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business, which may be transacted at a regular meeting, may be conducted at the special meeting.

(c) All meetings of the Governing Body shall be public to the extent required by general State law, and notice to the public of all meetings shall be made as is required by law.

Section 2.23. Rules of Procedure The Governing Body 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. Where the rules of procedure do not address a particular circumstance or situation, then the applicable provisions of Roberts Rules of Order shall control.

Section 2.24. Quorum, Voting.

(a) Three Councilmen or two Councilmen and the Mayor shall constitute a quorum and shall be authorized to transact business of the Governing Body. Voting on the adoption of ordinances shall be taken by voice vote, and the ayes and nays shall be recorded in the journal but any member of the Governing Body shall have the right to request a roll-call vote. A majority vote of those present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.

(b) In any meeting of the Governing Body, each member of the Governing Body present shall vote on each question before the Governing Body unless a member of the Governing Body is immediately and particularly interested in the question, or unless a member of the Governing Body is excused from voting by majority vote of the Governing Body. A motion to excuse a member from voting must be made before the question is put to a vote, and such motion shall be decided without debate; except that the member of the Governing Body making the motion may state briefly the reasons the motion was made.

(c) The Mayor shall have the right to vote on all questions that come before the Governing Body unless he is otherwise disqualified.

(d) The Governing Body may by Ordinance adopt such other general rules of procedure for the conduct of its meetings, or any amendments thereto, which are not inconsistent with this Charter.

Section 2.25. Action Requiring an Ordinance

(a) Except as herein provided, every official action of the Governing Body which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject that is not expressed in its title. The enacting clause shall be : “The Governing Body of the City of Preston hereby ordains....” and every ordinance shall so begin.

(b) An ordinance may be introduced by any member of the Council and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Governing Body in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except by unanimous consent of Council and for emergency ordinances provided in Section 2.26. Upon introduction of any ordinance, the Clerk shall as soon as reasonable distribute a copy to the Mayor and to each Council member and shall file a reasonable number of copies in the office of the Clerk and at such other public places as the Governing Body may designate.

Section 2.26. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Governing Body 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 Councilmen 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 sixty days following the date upon which it was adopted but this shall not prevent re-enactment 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.

Section 2.27. Codes of Technical Regulations

(a) The Governing Body 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 2.25 (b) of this charter for assuring public access to 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 2.28 of this charter.

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

Section 2.28. Signing, Authenticating, Recording, Codification, Printing.

(a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Governing Body. Every ordinance shall be signed by the Mayor after adoption.

(b) The Governing Body shall provide for the preparation of a general codification of all the ordinances of the City. The general codification shall be adopted by the Governing Body by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the Governing Body may specify. This compilation shall be known and cited officially as the “The Code of the City of Preston, Georgia” Copies of the Code may be furnished to all officers, departments, and agencies of the City and shall be made available for purchase by the public at a reasonable price as fixed by the Governing Body.

(c) The Governing Body shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City and at all time 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 Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

ARTICLE III ADMINISTRATIVE AFFAIRS

Section 3.10. Administrative and Service Departments.

(a) Except as otherwise provided in this charter, the Governing Body shall prescribe the functions or duties and establish, abolish, or alter all non-elective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of the City.

(b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority.

(c) All appointive officers and department heads shall receive such compensation a prescribed by Governing Body and shall serve at the pleasure of the Governing Body.

Section 3.11. Boards, Commissions and Authorities

(a) The Governing Body shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Governing Body 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 Governing Body 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 general State law.

(c) The Governing Body may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

(d) Any vacancy on a board, commission, or authority of the City shall be filled for the un-expired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law.

(e) No member of a board, commission or authority shall assume office until he or she 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 administered by the Mayor.

(f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Governing Body.

(g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice-chairman and may elect as its secretary one 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 general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City

Section 3.12. City Attorney. The Governing Body may appoint a City Attorney, together with such assistant 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 Council as directed; shall advise the members of Council, the Mayor, 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 3.13. City Clerk. The Governing Body may appoint a City Clerk to keep a journal of the proceedings of the Governing Body and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Governing Body may direct.

Section 3.14. Tax Collector. The Governing Body may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

Section 3.15. City Accountant. The Governing Body may appoint a City Accountant to perform the duties of an accountant.

Section 3.16. Consolidation of Functions The Governing Body may consolidate any two or more of the positions of City Clerk, City Tax Collector, and City Accountant 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.

Section 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan, which shall be submitted to the Governing Body for approval upon request by the Governing Body. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted the Council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this Section, all elected and appointed City officials shall not be considered to be City employees.

Section 3.18. Personnel Policies. The Governing Body may adopt rules and regulations consistent with this charter concerning:

(a) the method of employee selection and probationary periods of employment; and

(b) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and

(c) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and

(d) such dismissal hearings as due process may require; and

(e) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE IV MUNICIPAL COURT

Section 4.10. Creation of Municipal Court There is hereby established a court to be known as the Municipal Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same.

Section 4.11. Chief Judge, Associate Judge.

(a) The Municipal Court shall be presided over by a part-time Chief Judge and such part-time, full-time, or standby Associate 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 he shall have attained the age of twenty-one years and be a resident of the same judicial circuit as the Municipal Court is located in. All Judges shall be appointed by Governing Body.

(c) Compensation of the Judges shall be as determined by the Governing Body. The Governing body may also remove for cause such Judge or Judges by a majority vote of the Governing Body.

(d) Before entering on duties of his office, each Judge shall take an oath given by the Mayor that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality which shall be entered upon minutes of the Governing Body.

Section 4.12. Convening. The Municipal Court shall be convened at regular intervals as designated by Governing Body or at such times as deemed necessary by the Judge to keep current the dockets thereof.

Section 4.13. Jurisdiction Powers.

(a) The Municipal Court shall try and punish for crimes against the City and for violation of its ordinances. The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed One Hundred Dollars ($100.00). 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 thirty (30) days, or both. As an alternative to fine or imprisonment, the Municipal Court may sentence any offender upon conviction to labor on the streets, sidewalks, squares or other public works for a period not exceeding thirty days.

(b) The Municipal Court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the cost of meals, transportation and care-taking of prisoners bound over to Superior Courts for violations of State law.

(c) The Municipal Court shall have authority to establish bail and recognizance to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for 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 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 on order of the Judge be 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.

(d) The Municipal Court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.

(e) 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.

(f) 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 State law.

(g) The Municipal Court is specifically vested with all the jurisdiction and powers throughout the entire area of the City granted by general State laws generally to Mayor’s, 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. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Webster County from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court; provided, however, that any person who fails to file his or her appeal within ten (10) days of the final determination of his or her case by the Municipal Court shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding.

Section 4.15. Rules for Court. 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 Judge may adopt in whole or in part the rules and regulations relative to the procedure for the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted by said Court shall be filed with the City Clerk and shall be available for public inspection upon request.

Section 4.16. Intergovernmental Contract with Webster County. Notwithstanding any other provision of this Article, the Governing Body shall be authorized to enter into an intergovernmental contract with the Board of Commissioners of Webster County under such terms and conditions as may be agreed to by such parties, that all civil and criminal cases that would otherwise be under the jurisdiction of the Municipal Court, as provided in this Charter or by general State law, shall be heard and disposed of by the Probate Court of Webster County. Such contract shall provide, among other things, for compensation, if any, to the Probate Judge for such services, for the transfer of all functions of the Municipal Court to said Probate Court, including record keeping functions, and for the payment of all fines and forfeitures assessed and paid for violations of City Ordinances to the treasury of Webster County.

ARTICLE V ELECTIONS

Section 5.10. Applicability of General Law All elections shall be held and conducted in accordance with the Georgia Election Code.

Section 5.11. Election of Council and Mayor The mayor and council members elected at the November, 2003, municipal election shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. Beginning on the next Tuesday following the first Monday in November of 2007 and every four years thereafter, there shall be an election for mayor and four council members. The Mayor and Councilmen are to serve for four-year terms. The terms of office of members of the Council shall commence at the time of taking the oath of office as provided for in Section 2.21 of this charter. Each elected officer shall serve until his or her successor is duly elected and qualified and has taken the oath of office.

Section 5.12. Special Elections; Vacancies In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the Governing Body or those remaining shall order a special election to fill the balance of the un-expired term of such office; provided, however, if such vacancy occurs within one (1) year of the expiration of the term of that office, the Governing Body or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, as now or hereafter amended.

Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels.

Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Governing Body shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, as now or hereafter amended.

Section 5.15. Grounds for Removal The Mayor, Council members, or others provided for in this charter shall be removed from office for any one or more of the following causes:

(a) incompetence, misfeasance or malfeasance in office;

(b) conviction of a crime involving moral turpitude;

(d) knowingly violate any express prohibition of this charter;

(e) abandonment of office or neglect to perform the duties thereof; or

(f) failure for any other cause to perform the duties of office as required by this charter or by law.

Section 5.16. Procedure for Removal Removal of an above-described officer may be accomplished by one of the following methods:

(a) By majority vote of the full Governing Body after an investigative hearing, the officer to be removed not voting if he is a member of the Governing Body. In the event an elected officer is sought to be removed by the action of the Governing Body, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing, which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the Council to the Superior Court of Webster County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court.

(b) By any other manner authorized by Georgia law.

ARTICLE VI FINANCE

Section 6.10. Property Tax. The Governing Body 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; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Governing Body in its discretion.

Section 6.11. Millage Rate Due Dates, Payment Methods. The Governing Body by ordinance shall establish a Millage rate for the City property tax; a due date; and in what length of time these taxes must be paid.. The Governing Body, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least by sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City.

Section 6.12. Occupational Taxes The Governing Body by ordinance shall have the power to levy such occupation taxes as are authorized by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this article.

Section 6.13. Licenses, Permits, Fees. The Governing Body by ordinance shall have the power to require any individuals or corporations who transact business in this City or who 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 State law in such a way as to preclude City regulation. Such fees may reflect the total cost of the City of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The Governing Body by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.

Section 6.14. Service Charges. The Governing Body by ordinance shall have the power to assess and collect fees, charges, and tolls for water, sewer, sanitary, or health services, or any other services rendered within and without the corporate limits of the City in such amounts as the City may deem appropriate, taking into account the anticipated cost of providing, expanding, and maintaining such services. In unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees.

Section 6.15. Special Assessments. The Governing Body shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, water lines, sewers, or other utility mains and appurtenances from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to FIFA. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of twelve percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this article for City Property taxes.

Section 6.16. Construction, Other Taxes The Governing Body shall be empowered to levy any other tax allowed now or hereafter by State 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 the Governing Body to govern its local affairs.

Section 6.17. Collection of Delinquent Taxes and Fees The Governing Body by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City by whatever reasonable means as are authorized by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of FIFA; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.

Section 6.18. Transfer of Executions The City Clerk shall be authorized to assign or transfer any FIFA or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax FIFA. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax FIFA; provided, however, that upon levy of execution and sale of property pursuant to such tax FIFA, whether assigned, transferred, or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax FIFA. as said requirements now exist or as may be hereinafter provided by law.

Section 6.19. General Obligation Bonds. The Governing Body 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 general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

Section 6.20. Revenue Bonds. Revenue bonds may be issued by the Governing Body as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (GA Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided.

Section 6.21. Short-term Notes and Leases.

(a) The Governing Body may obtain any short-term loans, including tax anticipation notes, between January 1 and December 31 of each year as is authorized by State law.

(b) The Governing Body may also enter into multi-year lease purchase, purchase, or lease purchase contracts as may be authorized by O.C.G.A. §36-60-13, as now or hereafter amended.

Section 6.22. Fiscal Year The Governing Body shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or federal law.

Section 6.23. Preparation of Budgets The Governing Body may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs.

Section 6.24. Additional Appropriations. The Governing Body may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only for an existing un-appropriated surplus in the fund to which it applies.

Section 6.25. Capital Improvements Budget .

(a) The Mayor may submit to the Governing Body a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Governing Body shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Governing Body shall not authorize expenditures for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, provided that such authorization is passed by majority vote of the Governing Body.

(b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the Mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Governing Body.

Section 6.26. Independent Audit. There shall be an annual, independent audit of all City accounts, funds and financial transactions by a qualified public accountant selected by the Governing Body. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.

Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless: