§ 10. Powers defined.

(a)

The government of the Town of Thunderbolt shall have all rights, powers, privileges and authority herein conferred or herein enlarged and such other powers as may be necessary or desirable including all rights, powers, privileges and authority, whether expressed or implied, that may now or hereafter be granted to municipal corporations by the Constitution of Georgia and laws of this State.

(b)

The rights, powers, privileges and authority heretofore enjoyed, herein retained or herein claimed shall subsist, notwithstanding the repeal of any law, until any such right, power, privilege or authority be altered or taken away by amendment to this charter.

(c)

In addition to the rights, powers, privileges and authority expressly conferred upon it by this charter, the town shall have the right, power, privilege and authority 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, morals and general welfare of said government 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 enumerated herein; and to do and perform all of the acts pertaining to its local affairs, property and government which are necessary or proper in the legitimate exercise of its corporate powers and governmental functions.

(d)

No enumeration of any right, power, privilege or authority hereinafter made and no repeal of any law under which the government derives any rights, power, privilege or authority shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth.

(e)

The corporate powers of the government of the Town of Thunderbolt, to be exercised by the mayor and town council, shall, without limiting the foregoing, include the following:

(1)

To levy and to provide for the assessment, valuation, revaluation and collection of taxes on property as provided herein;

(2)

To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions and to provide for the manner and method of payment of such licenses and taxes;

(3)

To make appropriations for the support of the government of the town, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the town

(4)

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

(5)

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 town;

(6)

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

(7)

To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the mayor and town council under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or under other applicable Public Acts as are or may be enacted;

(8)

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; and 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. For such services rendered, the town shall have a lien against the property served by such utilities and services, and said lien shall run from the date the contract is made or the services commence until such time as all charges therefor shall have been paid in full;

(9)

To grant franchises or make contracts for public utilities and public services not to exceed periods of 20 years and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission;

(10)

To lay out, open, extend, widen, narrow, establish or change the grade of; abandon or close; construct, pave, curb, gutter, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys, and walkways within the corporate limits of the town;

(11)

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)

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, sewers, drains, sewerage treatment, airports and hospitals; and 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 town; and to regulate the use thereof. For such purposes, property may be acquired by condemnation under Title 36 of the Code Georgia of 1933, as now or hereafter amended, or other applicable Public Acts as are or may be enacted;

(13)

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)

To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, heating and air conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures;

(15)

To provide for the prevention and punishment of drunkenness, riots and public disturbances;

(16)

To regulate or prohibit junk dealers; to regulate and control pawn shops, the manufacture, sale or transportation of intoxicating liquors and the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment and any other business or situation which may be dangerous to persons or property;

(17)

To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise;

(18)

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 or within or abutting the corporate limits of the town and to prescribe penalties and punishment for violation of such ordinances;

(19)

To prescribe standards of health and sanitation and to provide for the enforcement of such standards;

(20)

To prescribe and fix the fiscal year of the town;

(21)

To employ an accountant to examine and audit the books and records of the town and the departments and agencies and employees thereof, relative to the financial affairs of the town, when and as often as the town council shall consider proper. The town council shall fix the compensation of such accountant;

(22)

To regulate the subdivision of land in the town by requiring and regulating the preparation and presentation of preliminary plats; by establishing minimum improvements to be made or to be guaranteed to be made by the subdivider; by setting forth the procedure to be followed by the planning commission in applying rules, regulations and standards; and by providing for penalties for violation of such rules, regulations and standards;

(23)

To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;

(24)

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;

(25)

To levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax or fee for such services as may be necessary in the operation of the town from all individuals, firms and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees and to provide for the manner and method of collecting such service charges;

(26)

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;

(27)

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;

(28)

To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the town and to provide for the enforcement of such standards;

(29)

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

(30)

To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;

(31)

To establish minimum standards for and to regulate building, construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness, welfare and safety of the inhabitants of the town; and to provide for the enforcement of such standards;

(32)

To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the town or to provide for commitment of such persons to the town jail or any county correctional institution or jail by agreement with the appropriate county officials;

(33)

To adopt ordinances and regulations for the prevention of disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the town; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said town which, while not constituting an offense against the laws of this State, are deemed by the mayor and town council to be detrimental and offensive to the peace and good order of the town or to the welfare of the citizens thereof;

(34)

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; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of any ordinance enacted hereunder;

(35)

To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the town;

(36)

To enact appropriate ordinances to require hotels, motels, bath house proprietors, rooming houses and other like or similar commercial establishments within the town which cater to the public to furnish lifeguards for the bathing beaches and/or swimming pools so as to provide safety and protection for bathers;

(37)

To provide and maintain a system of pensions and retirement for officers and employees of the town;

(38)

To levy and provide for the collection of special assessments against abutting property for paving, curbing and guttering streets, paving sidewalks, installing drainage systems and any other public improvements;

(39)

To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor;

(40)

To create, alter or abolish departments, boards, offices, commissions and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;

(41)

To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the town and the inhabitants thereof and for preserving the health, peace, order and good government of the town;

(42)

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

(43)

To exercise the power of arrest through duly appointed policemen;

(44)

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

(45)

To establish, staff, maintain and equip an ambulance service, marine rescue squadron, civil defense unit and a lifeguard unit to operate and function jointly with the police department;

(46)

To regulate and license weights and measures.