Bill Text: GA HB1468 | 2009-2010 | Regular Session | Introduced

Georgia House Bill 1468 (Prior Session Legislation)

Bill Title: Dade County Water and Sewer Authority; composition; provide

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-05-11 - Effective Date [HB1468 Detail]

Download: Georgia-2009-HB1468-Introduced.html

10 LC 28 5222/AP

House Bill 1468 (AS PASSED HOUSE AND SENATE)

By: Representative Scott of the 2nd

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to provide for the composition of the authority; to provide for the selection of members of the authority; to provide for the terms of office for members of the authority; to provide for vacancies; to provide for certain duties of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, is amended by revising Section 2 as follows:

"SECTION 2.

(a) There is hereby created a body corporate and politic to be known as the Dade County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall consist of five members who shall be appointed and serve as provided in this section. Other than the chairperson, the members of the authority shall hold no other public office during their terms as members of the authority.

(b) The terms of the members of the authority in office on the effective date of this Act shall terminate on the effective date of this Act.

(c) On the effective date of this Act, the chairperson/county executive of the governing authority of Dade County shall become the chairperson of the authority for a term that is concurrent with his or her term as chairperson/county executive.

(d) On the effective date of this Act or as soon as practicable thereafter, the governing authority of Dade County shall appoint four members to serve on such authority. Each district commissioner shall nominate one person from such commissioner's district to serve on the authority, and the governing authority shall ratify such nominations by majority vote of the governing authority. Of the initial appointments by the governing authority under this subsection, one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2011, and until a successor is appointed and qualified; one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2012, and until a successor is appointed and qualified; one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2013, and until a successor is appointed and qualified; and one member shall serve an initial term of office beginning on the date of his or her appointment and ending December 31, 2014, and until a successor is appointed and qualified. The governing authority in making such initial appointments shall specify which member of the authority shall serve which term of office. Thereafter, except for the chairperson, appointments shall be made not more than 60 days prior to the expiration of the term of office of a member of the authority by nomination by the district commissioner in whose district the member whose term is expiring resides and ratification by majority vote of the governing authority. Such successors to the initial members under this subsection shall serve terms of office of four years and until a successor is appointed and qualified. Except for the chairperson, members of the governing authority shall remain residents of the districts from which they were appointed during their terms of office or such offices shall be declared vacant.

(e) The seat of any member of the authority, except for the chairperson, who is absent without being excused by the chairperson for two or more consecutive meetings of the authority shall be declared vacant.

(f) Any member of the authority, except for the chairperson, may be removed from office for cause upon a majority vote of the governing authority of Dade County.

(g) A vacancy on the authority, except for the chairperson, shall be filled for the remainder of the unexpired term of office by nomination by the district commissioner in whose district the member whose position is vacant resided and ratification by majority vote of the governing authority.

(h) The members of the authority shall elect from among their number a vice chairperson and may elect a secretary and a treasurer who need not necessarily be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all of the duties of the authority. The chairperson of the authority shall not be entitled to vote upon any issue, motion, question, or resolution except in case of a tie vote of the other members of the authority voting on such issue, motion, question, or resolution; provided, however, that three affirmative votes shall be required to transact any business of the authority.

(i) The members of the authority shall receive such compensation for their services as may be provided by the Board of Commissioners of Dade County and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own governance. It shall have perpetual existence."

SECTION 2.

Said Act is further amended by adding a new section to read as follows:

"SECTION 24A.

(a) The authority shall have the duty and responsibility of ensuring that all fire hydrants connected to its water system are properly functioning at all times and have sufficient water pressure.

(b) The authority shall be subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, and Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

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