To provide a new Charter for the City of Oxford; to provide for incorporation, boundaries, and powers of the City; to provide for a governing authority of such City 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, Mayor pro tern., and City Council 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, a City Treasurer, a City Accountant, 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 City 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 severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. INCORPORATION AND POWERS

1. Name. This City and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Oxford, Georgia, and by that name shall have perpetual succession.

2. Corporate Boundaries as Stated in Charter of 1914.

A. Original Boundaries. The northern boundary of the City of Oxford shall be a line beginning at a rock at northwest corner of land lot number two hundred ninety one (291), situated and being in the ninth district of original Henry, but not Newton County, and running along the northern boundary of said land lot and continuing in a straight line east until it intersects Dried Indian Creek. The western boundary of the City of Oxford shall be a line beginning at the rock already mentioned (as northwest corner of land lot number two hundred ninety-one {291}) and land lots number two hundred ninety-one (291) and two hundred (200) running in a southerly direction along the west boundary of eighty-eight (88), and continuing in same straight line until it reaches southern boundary hereinafter described. The eastern boundary of the City of Oxford shall be a line beginning where the northern boundary of said City, before described, intersects Dried Indian Creek, and running thence down the channel of said Dried Indian Creek to a ford in said creek situated in southwest corner of property now owned by No. F. Donnell, from which point the boundary line shall run south, following a line between property of L. L. Johnson and W. P. Odium, until it reaches southern boundary hereinafter described. The southern boundary of the City of Oxford shall be an east and west line which shall be a continuation of the southern boundary of the land subdivided into lots by Kidded and Marshall, being southern boundary of lots fifteen (15), sixteen (16), seventeen (17), and eighteen (18) in block E and lot forty-eight (48) in block G in said Kidded and Marshall's plat; also southern boundary of parcel of land sold by J. Z. Johnson and J. E. Black stock to Harper. Said southern boundary shall extend in straight line east until it intersects eastern boundary line of the City of Oxford hereinbefore described, and west until it intersects western boundary line of the City of Oxford hereinbefore described.

B. Present and Future Boundaries. The boundaries of the City of Oxford shall be those existing on the earliest effective date of the adoption of this Charter with such alterations as may be made from time to time in the manner provided by local law and/or general State law.

The boundaries of the City of Oxford at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the City Clerk of the City and to be designated, as the "Official Comprehensive Zoning Map, City of Oxford, Georgia." Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

Mayor and Council may provide for the redrawing of any such map by resolution to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

3. Municipal Powers and Construction.

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

B. The powers of this City shall be construed liberally in favor of the City. The specific mention or failure to mention a particular power shall not be construed as limiting in any way the powers of this City.

4. Examples of Powers. The powers of this City shall include, but not be limited to, the following:

A. Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City.

B. Alcoholic Beverages. Liquors not to be kept for sale. The keeping for sale, selling or offering for sale, of any spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said City be, and the same is, hereby prohibited forever. And the Mayor and Council of Oxford shall have no power or authority to license the sale thereof, and it shall be their duty to enforce this prohibition by the enactment of necessary ordinances with suitable penalties for violation.

C. 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 under this Charter;

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

E. Building Regulation. To regulate and to license 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 building, housing trades;

F. 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 fees or taxes;

G. Cemeteries. The Mayor and Council shall have jurisdiction over all cemeteries belonging to, or located in said City, and/or may provide by ordinance for a public cemetery. They may appoint such employees to superintend the care thereof as they deem proper. They may enact ordinances to prevent trespass therein and to prevent any person from defacing any work therein. They may regulate the charges for grave digging, hearse fees and any and everything pertaining to the care and operation of such cemeteries.

H. Condemnation. To condemn property, inside or outside the corporate limits of the City, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;

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

J. Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside 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;

K. Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the City through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment;

L. 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 not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;

M. 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 said City or doing business therein and 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;

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

O. 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, on such terms and conditions as the donor or grantor may impose;

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

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

R. 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;

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

T. 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;

U. 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;

V. 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;

W. 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; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the City; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the City as provided by ordinance;

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

Y. 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;

Z. Planning and Zoning. To provide comprehensive City planning for development by zoning; and to provide subdivision regulation and the like as Mayor and Council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;

AA. 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 fire-fighting agency;

BB. 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;

CC. 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; to provide any other public improvements, inside or outside the corporate limits of the City; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;

DD. Public Peace. To provide for the prevention and punishment of intoxication, riots, and public disturbances;

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

FF. Public Utilities and Services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, 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;

GG. 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;

HH. Retirement. To provide and maintain a retirement plan for officers and employees of the City;

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

JJ. 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;

KK. 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;

LL. Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and drugs, and the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors;

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

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

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

PP. Trees. The Mayor and Council of Oxford shall have full power and authority to adopt and enforce ordinances for the protection and preservation of trees on the streets, public places, cemeteries and parks in said City and to prevent the cutting, impairing or mutilations thereof by telephone, telegraph, electric light linemen or employees, or any other person unless the same is done under and with the express and formal consent of the Mayor and Council or some officer appointed by them to direct the same, and then only when absolutely necessary for the public service or safety.

QQ. Urban Redevelopment. To organize and operate an urban redevelopment program;

RR. Vehicles for Hire. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

SS. 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; to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this Charter shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

5. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II. GOVERNMENT STRUCTURE

1. City Council Creation; Number; Election. The legislative authority of the government of this City, except as otherwise specifically provided in this Charter, shall be vested in a City Council to be composed of a Mayor and six (6) councilmembers. The Mayor and councilmembers shall be elected in the manner provided by this Charter.

2. City Council Terms and Qualifications for Office. The members of the City Council shall serve for terms of four (4) years and until their respective successors are elected and sworn in. No person shall be eligible to serve as Mayor or councilmember unless he or she shall have been a resident of the City for twelve (12) months prior to the date of qualification for the election of Mayor or councilmember (as the case may be). Each such official shall continue to reside in the City during his or her period of service and continue to be registered and qualified to vote in municipal elections of this City.

3. Vacancy; Suspensions; Filling of Vacancies.

A. Vacancies. The office of Mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this Charter or the general laws of the State of Georgia. A vacancy in the office of Mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by the Mayor and Council.

4. Failure to Qualify. A failure to take the oath of office within fifteen (15) days after the first day of January, unless for providential cause, shall operate to vacate the office of the Mayor or councilmember.

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

B. Filling Vacancy. In the event of a vacancy in the office of Mayor or councilmember prior to the expiration of a regular term of office, the remaining councilmembers and Mayor, if any, shall fill the vacant office for the unexpired term, provided that the person or persons selected shall meet the requirements of Article II 2 of this Charter.

5. Compensation and Expenses. The Mayor and councilmembers shall receive compensation and expenses for their services as provided by resolution.

6. Conflicts of Interest; Holding Other Offices.

A. Officers as Trustees. Elected and appointed officers of the City are trustees and servants of the residents of the City and shall act in a fiduciary capacity for the benefit of such residents.

B. Conflict of Interest. No elected official, appointed officer, or employee of the City or any agency or political entity to which this Charter applies shall knowingly:

(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;

(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;

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

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

(5) Represent other private interests in any action or proceeding against this City or any portion of its government; and

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

C. Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the City shall disclose such private interest to the City Council. The Mayor or any councilmember who has a private interest in the matter pending before Mayor and Council shall disclose such private interest and such disclosure shall be entered on the records of the City Council, and he or she 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 private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.

D. Use of Public Property. No elected official, appointed officer, or employee of the City or any agency or entity to which this Charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by Mayor and Council or the governing body of such agency or entity.

E. Contracts Voidable and Rescindable. Any violation of this Article which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the Mayor and Council.

F. Ineligibility of Elected Official. Except where authorized by law, neither the Mayor nor any councilmember shall hold any other elective or appointed office in City government during the term for which he or she was elected.

G. Political Activities of Certain Officers and Employees. No appointed officer and no employee of the City shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.

H. Penalties for Violation.

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

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

7. Inquiries and Investigations. Mayor and Council may make inquiries and investigations into the affairs of the any 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 Mayor and Council shall be punished as provided by ordinance.

8. General Power and Authority of the Mayor and Council. Except as otherwise provided by law or this Charter, the Mayor and Council shall be vested with all the powers of government of this City as provided by Article I.

9. Eminent Domain. Mayor and Council are 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 use thereof, the City, and to regulate and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.

10. Organizational Meetings. Mayor and Council shall hold an organizational meeting on the first Monday of each year, unless such date falls on a holiday, then on the second Monday. The meeting shall be called to order by a legal Officer of the Court, and the oath of office shall be administered to the Mayor and councilmembers as follows:

"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (Mayor) (councilmember) of this City 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."

11. Regular and Special Meetings.

A. Mayor and Council shall hold regular meetings at such times and places as prescribed by ordinance.

B. Special meetings of Mayor and Council may be held on call of the Mayor or four (4) members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least forty-eight (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 Mayor and 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 prior to such meetings.

12. Rules of Procedure.

A. Mayor and Council shall adopt rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of proceedings, which shall be a public record.

B. All committees, boards and commissions of citizens shall be appointed by the Mayor and Council and shall serve at their pleasure. The Mayor and Council shall have the power to appoint new members to any committee at any time; each committee may appoint its own chairperson, if said chairperson has not been especially appointed by Mayor and Council.

13. Quorum; Voting. Five (5) councilmembers (one of whom may be the Mayor) shall constitute a quorum and shall be authorized to transact business of the City Council. Voting on the adoption of ordinances shall be by voice vote or raising of right hand and the vote shall be recorded in the journal, but any member of the City Council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this Charter, the affirmative vote of four shall be required for the adoption of any ordinance, resolution, or motion.

14. Ordinance Form; Procedure.

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 "The Council of the City of Oxford hereby ordains" and every ordinance shall so begin.

B. An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the City Council. Ordinances shall be considered and adopted or rejected by Mayor and Council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Article II 16 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 Mayor and Council may designate.

15. Action Requiring an Ordinance. Acts of Mayor and Council which have the force and effect of law shall be enacted by ordinance or resolution.

16. Emergencies. To meet a public emergency affecting life, health, property, or public peace, Mayor and Council may convene on call of the Mayor or four (4) councilmembers and may promptly adopt an emergency ordinance, but such ordinance 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 for loans to be repaid within thirty (30) days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing such emergency 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 (3) councilmembers 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 thirty (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 Article 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 Article for adoption of emergency ordinances.

17. Code of Technical Regulations.

A. Mayor and 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 subparagraph B of Article II 14 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 Article II 18 of this Charter.

B. Copies of any adopted code of technical regulations shall be made available by the Clerk for distribution or for purchase at a reasonable price.

18. Signing; Authenticating; Recording; Codification; Printing.

A. The Clerk shall authenticate by his or her signature and record in fall in a properly indexed book kept for that purpose all ordinances and/or resolutions adopted by the Council.

B. Mayor and Council shall provide for the preparation of a general codification of all the ordinances of the City having the force and effect of law. The general codification shall be adopted by Mayor and Council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as Mayor and Council may specify. This compilation shall be known and cited officially as "The Code of the City of Oxford, Georgia." Copies of the Code shall 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 Mayor and Council.

C. Mayor and 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 Mayor and 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 for incorporation therein. Mayor and Council shall make such farther arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

19. Election of Mayor; Forfeiture; Compensation. The Mayor shall be elected and shall serve for a term of four (4) years and until his or her successor is elected and qualified. The Mayor shall be a qualified elector of this City and shall have been a resident of the City for twelve (12) months prior to his or her qualification for his or her election. The Mayor shall continue to reside in this City during the period of his or her service. He or she shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the Mayor shall be established in the same manner as for councilmembers.

20. Chief Executive Officer. The Mayor shall be the executive of this City. The Mayor shall possess all of the executive and administrative power 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.

21. Powers and Duties of Mayor. As the chief executive of this City, the Mayor shall:

A. Preside at all meetings of the City Council;

B. Be the head of the City for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the City and the chief advocate of policy;

C. Have the power to administer oaths and to take affidavits;

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

E. Vote on matters before Mayor and Council and be counted toward a quorum as any other councilmember;

F. Have prepared and submitted to Mayor and Council a recommended annual operating budget and recommended capital budget; and

G. Assign councilmembers to their committees of responsibilities each year at the first scheduled Council meeting;

H. Fulfill such other executive and administrative duties as Mayor and Council shall establish by ordinance.

22. Mayor Pro Tem; Selection; Duties. By a majority vote, Mayor and Council shall elect a councilmember to serve as Mayor pro tern. The Mayor pro tern shall preside at all meetings of the City Council and shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. Mayor and Council by a majority vote shall elect a new presiding officer from among the councilmembers for any period in which the Mayor pro tern is disabled, absent, or acting as Mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.

ARTICLE III. ADMINISTRATIVE AFFAIRS

1. Organization and General Provision.

A. Department Heads.

(1) Except as otherwise provided in this Charter, Mayor and Council by resolution shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the City and establish professional qualifications as necessary for the proper administration of the affairs and government of the City.

(2) Except as otherwise provided by this Charter or by law, all appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications.

(3) All appointed officers shall receive such compensation as prescribed by ordinance or resolution.

(4) The City Clerk shall be the principal administrative officer of the City of Oxford, subject to the direction and supervision of the Mayor, and be responsible for the administration and direction of the affairs and operations of the City.

(5) The Mayor may suspend or remove any and all appointed City officials, but such suspension or removal shall not be final for twenty-one (21) calendar days following the Mayor giving written notice of such action and the reasons therefor to the appointed City official involved and to the City Council. The appointed City official involved may appeal within twenty-one (21) days to the Council which, after a hearing, may override the Mayor's action by a vote of four (4) councilmembers.

B. Boards, Commissions.

(1) Mayor and Council shall create by ordinance or resolution such boards, commissions, and authorities to fulfill any functions Mayor and Council deem necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof.

(2) All members of boards, commissions, and authorities of the City shall be appointed by Mayor and Council for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this Charter or by law.

(3) Mayor and Council by ordinance or resolution may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

(4) Except as otherwise provided by this Charter or by law, no member of any board, commission, or authority shall hold any elective office in the City.

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

(6) 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 or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance or resolution and administered by the Mayor.

(7) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the City Council.

(8) Except as otherwise provided by this Charter or by law, each board, commission, or authority of the City may elect one of its members as chairperson 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 City, provided that the Mayor and Council did not especially appoint a chairperson at the time of appointment. Each board shall pass rules and regulations, not inconsistent with this Charter, ordinances of the City, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such rules and regulations shall be filed with the Clerk of the City.

2. Administrative Officers.

A. City Attorney. Mayor and Council shall appoint a City Attorney at the first scheduled meeting of the calendar year for a term of one (1) year, 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 solicitor in the municipal court; shall attend the meetings of the Council as directed; shall advise the City Council, 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 or her by virtue of his or her position as City Attorney.

B. City Clerk. Mayor and Council shall appoint a City Clerk at the first scheduled meeting of the calendar year for a term of one (1) year, who shall not be a councilmember. The City Clerk shall be custodian of the official City seal; maintain City Council records required by this Charter; and perform such other duties as may be required by the City Council.

C. City Treasurer. Mayor and Council may appoint a City Treasurer at the first scheduled meeting of the calendar year for a term of one (1) year to collect all taxes, licenses, fees, and other moneys belonging to the City subject to the provisions of this Charter and the ordinances of the City and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the City. The City Treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.

D. Chief of Police. Mayor and Council shall appoint a Chief of Police at the first scheduled meeting of the calendar year for a term of one (1) year, to perform the duties as the administrative officer of the police department and have all the powers of an arresting officer within the City of Oxford; he shall further have all the powers usual and incident to such office; he shall have the power to serve all papers and summons/citations and execute all writs and executions directed by the municipality and the State of Georgia; he shall perform all duties prescribed by State law and by this Charter, and carry out such other duties as the Mayor and Council may lawfully direct. The municipality through Mayor and Council shall have the power to hire additional police officers to assist the Chief of Police in his or her duties and to act in his or her stead.

E. Municipal Judge. Mayor and Council shall appoint a Municipal Judge at the first scheduled meeting of the calendar year for a term of one (1) year, whose duty it shall be to try all cases of violation of the City ordinances and perform such functions and acts as may be laid upon him by the provisions of this Charter, or shall be from time to time placed upon him/her by the ordinances or by-laws adopted by the Mayor and Council of the City of Oxford.

3. Personnel Administration.

A. Position Classification and Pay Plans. The City Clerk shall be responsible for the preparation of a position classification and pay plan which shall be submitted to Mayor and Council for approval. Such plan 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, Mayor and Council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this Article, all elected and appointed City officials are not City employees.

B. Personnel Policies. Mayor and Council shall adopt rules and regulations consistent with this Charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; three (3) hours of work, vacation, sick leave, other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissal hearings as due process may require; and (5) such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE IV. JUDICIAL BRANCH

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

2. Judges.

A. The Municipal Court shall be presided over by a Chief Judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance,

B. No person shall be qualified or eligible to serve as a judge on the Municipal Court unless he or she shall have attained the age of twenty-five (25) years and shall have a high school diploma or its equivalent. The Chief Judge shall be nominated and appointed by the Mayor and Council and shall serve at the pleasure of the Mayor and Council. All other judges shall be nominated by the chief judge and appointed by the Mayor and City Council.

C. Compensation of the judges shall be fixed by ordinance.

D. Judges may be removed for cause by a vote of four (4) members of the City Council.

E. Before assuming office, each judge shall take an oath, given by the Mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the City Council journal required in Article II 12 of this Charter.

3. Convening of Court. The Municipal Court shall be convened at regular intervals as provided by ordinance.

4. Jurisdiction; Powers.

A. The Municipal Court shall try and punish violations of its Charter, all City ordinances, and such other violations as provided by law.

B. The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail.

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

D. The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and catering 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 said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes.

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

G. The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this Charter or by law.

H. Each judge of the Municipal Court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the City, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committee within the City.

I. The Municipal Court is specifically vested with all the jurisdiction and powers throughout the geographic area of this City granted by law to Mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

5. Certiorari. The right of certiorari from the decision and judgment of the Municipal Court shall exist in all criminal cases and ordinance violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Newton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

6. Rules for Court. With the approval of the Mayor and 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 Mayor and Council may adopt in part or in toto the ru