Bill Text: GA HB1188 | 2011-2012 | Regular Session | Introduced
Bill Title: Oak Grove Cemetery Authority; create
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-11 - Effective Date [HB1188 Detail]
Download: Georgia-2011-HB1188-Introduced.html
12 LC 28
6128/AP
House
Bill 1188 (AS PASSED HOUSE AND SENATE)
By:
Representative Spencer of the
180th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
create the Oak Grove Cemetery Authority; to provide for its purposes, funding,
responsibilities, jurisdiction, membership, meetings, records, filling of
vacancies, powers and duties, and application of conflicts of interest and
ethics provisions; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Creation of authority.
Creation of authority.
There
is created the Oak Grove Cemetery Authority which is referred to in this Act as
the "authority." The authority shall be an instrumentality and political
subdivision of the State of Georgia and a public corporation. The authority
shall have perpetual existence.
SECTION
2.
Purpose of authority.
Purpose of authority.
The
purpose of the authority shall be to oversee the care and preservation of the
cemetery for the City of St. Marys by creating a trust fund for the purpose of
providing for the cemetery's maintenance, repair, and preservation in
perpetuity; to raise funds and accept donations for such care and other special
projects to enhance the cemetery; and to monitor conditions at the cemetery to
ensure that it is kept in good condition.
SECTION
3.
Definitions.
Definitions.
As
used in this Act, the term:
(1)
'Authority' means the Oak Grove Cemetery Authority created by this
Act.
(2)
'Cemetery' means the Oak Grove Cemetery in St. Marys, Georgia, and any
additional property purchased by the City of St. Marys adjacent to such cemetery
for the purpose of burials.
(3)
'Mayor and council' means the mayor and council of the City of St.
Marys.
SECTION
4.
Jurisdiction.
Jurisdiction.
The
authority shall have jurisdiction over the Oak Grove Cemetery and any additional
property purchased by the City of St. Marys adjacent to the Oak Grove Cemetery
for the purpose of burials.
SECTION
5.
Authority membership.
Authority membership.
The
authority shall be composed of five members appointed by the mayor and council
of the City of St. Marys. The initial appointments shall be made no later than
June 30, 2012. The initial appointees shall take office on July 1, 2012. In
making the initial appointments, the mayor and council of the City of St. Marys
shall appoint one member to a term of office ending on December 31, 2013, and
until his or her successor is selected and qualified; two members to terms of
office ending on December 31, 2014, and until their respective successors
are selected and qualified; and two members to terms of office ending
December 31, 2015, and until their respective successors are selected and
qualified. Thereafter, a successor to each member shall be appointed not later
than December 31 of the year immediately preceding the end of such member's term
of office, shall take office on January 1 following such appointment, and shall
serve terms of three years and until his or her successor is selected and
qualified. A member shall not be eligible to succeed himself or herself after
serving two full three-year terms of office. In making such appointments, the
mayor and council shall, to the extent available and consistent with their
discretion, give preference in their appointments to persons from the
professional disciplines of financial investment, historic preservation,
mortuary science, accounting, and the ministry. All persons appointed shall be
residents of the City of St. Marys and shall remain residents throughout their
terms of office.
SECTION
6.
Vacancies.
Vacancies.
(a)
A member's position on the authority shall be vacated by failure to attend three
consecutive meetings of the authority unless such member is excused in writing
by the chairperson for good cause
shown.
(b) Vacancies shall be filled by appointment by the mayor and council for the unexpired term of the member whose position on the authority has been vacated.
(b) Vacancies shall be filled by appointment by the mayor and council for the unexpired term of the member whose position on the authority has been vacated.
SECTION
7.
Chairperson, vice chairperson, and secretary-treasurer.
Chairperson, vice chairperson, and secretary-treasurer.
At
its initial meeting and at the first meeting of each calendar year, the
authority shall elect from among its members a chairperson, vice chairperson,
and secretary-treasurer.
SECTION
8.
Meetings.
Meetings.
The
authority shall meet not less than quarterly in regular meetings or in special
meetings upon call of the chairperson or two members of the authority to monitor
the financial investments of the authority and to discuss conditions in the
cemetery which need to be addressed. Three members of the authority shall
constitute a quorum. All meetings shall be conducted in accordance with Chapter
14 of Title 50 of the O.C.G.A. Minutes of all meetings of the authority shall
be kept and filed with the city clerk of the City of St. Marys.
SECTION
9.
Financial report.
Financial report.
A
financial report shall be made annually by the authority to the mayor and
council of the City of St. Marys at a time designated by the mayor and
council.
SECTION
10.
Conflicts of interest and ethics.
Conflicts of interest and ethics.
The
members of the authority shall be subject to the St. Marys ethics ordinance in
the same manner as the mayor and members of the mayor and council.
SECTION
11.
Powers.
Powers.
The
authority shall have the power:
(1)
To contract with other entities, including the City of St. Marys, and be
contracted with to provide regular maintenance and repairs of the cemetery; to
lay out, sell, and record lots; to supervise burials; and to generally provide
all operations necessary to keep the cemetery in good order;
(2)
To hire professionals when needed for matters requiring outside expertise on
technical subjects regarding the cemetery's care;
(3)
To monitor conditions at the cemetery and notify the mayor and council when the
cemetery is not in good condition;
(4)
To receive donations, grants, and funds from various sources and to ensure that
those funds are used prudently to improve or maintain the cemetery in the manner
specified by the donors or grantors;
(5)
To seek state and federal funds for cemetery preservation for conducting
educational programs and the enhancement of the grounds, for signage to
encourage tourism, and for any other benefit to the cemetery as deemed necessary
by the authority;
(6)
To raise funds for special needs and projects for the cemetery;
(7)
To establish, with the approval of the mayor and council, other burial
alternatives such as mausoleums, scattering fields for ashes, and columbaria, in
order to increase income to care for the cemetery or for other projects to
enhance the cemetery for the visiting public;
(8)
To participate in private, city, state, and federal historic preservation
programs in the City of St. Marys;
(9)
To work with the St. Marys Historic Preservation Commission to preserve the
historic and aesthetic values of the cemetery;
(10)
To adopt rules of operation for the authority;
(11)
To create and adopt an investment policy to provide for the safety of the funds
held by the authority; and
(12)
To decide upon and adopt a method of assessing the performance of the
investments chosen to increase the funds held by the authority.
SECTION
12.
Funding.
Funding.
A
portion of the proceeds from the sale of each burial lot in the cemetery for the
City of St. Marys, to be not less than one-half of the proceeds from each such
lot, shall be deposited in trust with the authority in an account held by the
authority and designated solely for the care of the cemetery in accordance with
the purposes of the authority as specified in Section 2 of this Act. The
authority shall have the power to invest such funds subject only to a general
duty of fiduciary responsibility. The authority shall be authorized to make
prudent investments without being limited to those investments allowed to
municipalities under Georgia law.
SECTION
13.
Distribution of investment income.
Distribution of investment income.
As
the City of St. Marys' income from lot sales diminishes, an increasing portion
of the authority's annual investment income shall be used to replace it until
such time as the entire expense of the cemetery's maintenance and care is paid
from authority funds. No uses for authority funds, including investment income,
shall be made other than those set forth in this Act. The principal amount held
in the authority's care shall remain intact and at no time shall any part of it
be used for any purpose, except in the case of emergency damage occurring to the
cemetery property itself, such as extreme storm damage or
vandalism.
SECTION
14.
Responsibilities of the City of St. Marys.
Responsibilities of the City of St. Marys.
The
authority shall contract with the City of St. Marys to provide the maintenance
and operations services of the cemetery in exchange for all or part of the
annual investment income generated by the principal of the funds held by the
authority. Annually, the amount of payment from the authority to the city shall
be determined by comparing the investment income of the funds held by the
authority and the records of expenses incurred by the city to operate the
cemetery.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.