06
SB138/AP
Senate
Bill 138
By:
Senators Stoner of the 6th, Rogers of the 21st, Hill of the 32nd and Wiles of
the 37th
AS
PASSED
AN
ACT
To
amend an Act creating the Cobb County-Marietta Water Authority, approved
February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act
approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989
(Ga. L. 1989, p. 4711), and an Act approved April 5, 1995 (Ga. L. 1995, p.
4121), so as to change the membership, vacancy, and quorum provisions regarding
the authority; 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 Cobb County-Marietta Water Authority, approved February 21,
1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March
28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p.
4711), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4121), is amended by
striking subsections (b), (c), and (d) of Section 2 thereof and inserting in
their respective places the following:
"(b)
The authority shall consist of seven members who shall be determined and
selected as follows:
(1)
One member shall be the chairperson of the Board of Commissioners of Cobb
County, Georgia;
(2)
One member shall be selected by the governing authority of the City of Marietta,
Georgia;
(3)
One member shall be selected by the governing authority of the City of
Smyrna;
(4)
One member shall be the chairperson of the Board of Commissioners of Paulding
County;
(5)
Three members shall be selected by a caucus consisting of all members of the
General Assembly whose districts are wholly or partially within Cobb County.
The three members so selected by the caucus shall include one member from Cobb
Commission District 1 or 4, excluding residents of Marietta and Smyrna; one
member from Cobb Commission District 2 or 3, excluding residents of Marietta and
Smyrna; and one member from unincorporated Cobb County.
(c)
The term of office of the chairperson of the Board of Commissioners of Cobb
County as a member of the authority and the term of office of the chairperson of
the Board of Commissioners of Paulding County as a member of the authority shall
be concurrent with their terms of office as chairpersons except that the term of
office of the chairperson of the Board of Commissioners of Paulding County shall
begin on August 15, 2006. The member of the authority appointed by the governing
authority of Marietta serving on the effective date of this subsection shall
serve until August 14, 2008, and until his or her successor is appointed and
qualified. The member of the authority appointed by the governing authority of
Smyrna shall begin serving on August 15, 2006, and shall serve until August 14,
2008, or until his or her successor is appointed and qualified. Thereafter, both
the member of the authority appointed by Marietta and the member of the
authority appointed by Smyrna shall serve for terms of four years and until
their successors are appointed and qualified and shall assume office on August
15 following the expiration of the prior
memberś
terms. The four members of the authority appointed by the members of the General
Assembly from Cobb County serving on the effective date of this subsection shall
serve until August 14, 2006, and until their successors are appointed and
qualified. Thereafter, the members of the authority appointed by the members of
the General Assembly from Cobb County shall serve for terms of four years and
until their successors are appointed and qualified and shall assume office on
August 15 following the expiration of the prior
memberś
terms. The member of the authority appointed by the City of Acworth, Georgia,
serving on the effective date of this subsection shall serve until August 14,
2006, and until the member of the authority appointed by the governing authority
of Smyrna is appointed and qualified.
(d)
The authority shall elect one of its members as chairperson and another as vice
chairperson. The authority may also select a secretary and treasurer who need
not necessarily be members of the authority. Except as otherwise provided in
subsection (c) of this section, five 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 the duties of the
authority."
SECTION
2.
Said
Act is further amended by striking subsection (a) of Section 2A thereof and
inserting in its place the following:
"(a)
In the event of a vacancy in the membership of the authority by reason of death,
resignation, or disability, said vacancy shall be filled by the governing
authority, chairperson of the governing authority or the
chairpersońs
designee, or caucus which originally selected the vacating member in
question."
SECTION
3.
This
Act shall become effective on July 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.