Georgia SB 244: Dade County Water and Sewer Authority; composition; terms of office for members, and vacancies; provide

Bill Text

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S. B. 244
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Senate Bill 244
By: Senator Mullis of the 53rd
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating the Dade County Water and Sewer Authority, approved1
March 25, 1958 (Ga. L. 1958, p. 3260), as amended, particularly by an Act approved2
May 11, 2010 (Ga. L. 2010, p. 3535), so as to provide for the composition of the authority;3
to provide for the terms of office for members of the authority; to provide for vacancies; to4
provide for certain duties of the authority; to provide for related matters; to repeal conflicting5
laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
An Act creating the Dade County Water and Sewer Authority, approved March 25, 19589
(Ga. L. 1958, p. 3260), as amended, particularly by an Act approved May 11, 2010 (Ga.10
L. 2010, p. 3535), is amended by revising Section 2 as follows:11
"SECTION 2.12
(a) There is hereby created a body corporate and politic to be known as the Dade County13
Water and Sewer Authority, which shall be deemed to be a political subdivision of the14
State of Georgia and a public corporation, and by that name, style, and title, such body may15
contract and be contracted with, sue and be sued, implead and be impleaded, and complain16
and defend in all courts of law and equity. The authority shall consist of five members who17
shall be appointed and serve as provided in this section. 18
(b) The terms of the members of the authority in office on the effective date of this Act19
shall terminate on the effective date of this Act. 20
(c) On the effective date of this Act, or as soon as practicable thereafter, the City21
Commission of the City of Trenton shall appoint one member to serve on such authority22
by a majority vote of the city commission. The governing authority of Dade County shall23
appoint four members to serve on such authority. Each district commissioner of the county24
governing authority shall nominate one person from such commissioner's district to serve25

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on the authority, and the county governing authority shall ratify such nomination by26
majority vote of the county governing authority. The initial appointment by the city27
commission shall serve an initial term of office beginning on the date of his or her28
appointment and ending December 31, 2020. The initial appointment by the county29
governing authority from District 1 shall serve an initial term of office beginning on the30
date of his or her appointment and ending December 31, 2021. The initial appointment by31
the county governing authority from District 2 shall serve an initial term of office32
beginning on the date of his or her appointment and ending December 31, 2022. The initial33
appointment by the county governing authority from District 3 shall serve an initial term34
of office beginning on the date of his or her appointment and ending December 31, 2023.35
The initial appointment by the county governing authority from District 4 shall serve an36
initial term of office beginning on the date of his or her appointment and ending37
December 31, 2024. Thereafter, appointments shall be made not more than 60 days prior38
to the expiration of the term of office of a member of the authority, by nomination by the39
city commission for the city appointee, by a majority vote of the city commission, or by the40
commissioner of the county governing authority in whose district the member whose term41
is expiring resides and ratification by a majority of the county governing authority for the42
county governing authority appointees. Such successors to the initial members under this43
subsection shall serve terms of office of five years and until a successor is appointed and44
qualified.45
(d) Those persons not eligible to serve on the authority shall include:46
(1) County or city elected officials;47
(2) County or city employees;48
(3) Dade County Water and Sewer Authority employees; and49
(4) Spouses, siblings, or children of those individuals disqualified in this subsection.50
Members of the authority shall be and must remain residents of the city if a city51
appointee, or of the county governing authority districts from which they were appointed52
if a county appointee, during their terms of office, or such offices shall be declared53
vacant.54
(e) The seat of any member of the authority who is absent without being excused by the55
chairperson for two or more consecutive meetings of the authority shall be declared vacant56
by the appointing authority.57
(f) The city may remove from office the city appointee for cause upon a majority vote of58
the city commission, and the county may remove from office any of the county appointees59
for cause upon a majority vote of the county board of commissioners. 60
(g) A vacancy on the authority shall be filled for the remainder of the unexpired term of61
office in the same manner as appointment to the authority was made by the city or county62