06 LC
14 9462
Senate
Bill 680
By:
Senator Bulloch of the
11th
AS PASSED
AS PASSED
AN
ACT
To
amend an Act relating to the board of commissioners of Decatur County, approved
March 4, 1935 (Ga. L. 1935, p. 630), as amended, so as to restate and revise the
provisions of said Act; to provide for a comprehensive restatement; to change
provisions relating to the chairperson and vice chairperson of the board and
their selection, service, and powers and duties; to change provisions relating
to meetings, a quorum, and voting; to modernize certain provisions and language
and omit certain obsolete provisions; to provide for other related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act relating to the board of commissioners of Decatur County, approved March 4,
1935 (Ga. L. 1935, p. 630), as amended, is amended by striking Sections 1
through 17 of said Act, which sections comprise all substantive provisions of
said Act as amended, and inserting in their place new Sections 1 through 17
which shall comprise a comprehensive restatement and revision of the provisions
of said Act and which shall read as follows:
"SECTION
1.
(a)
There is established in Decatur County a board of commissioners which shall be
the governing authority of said county. The board shall be composed of six
members as provided in this Act. For the purpose of electing members of the
board, Decatur County is divided into six commission districts as
follows:
COMMISSION
DISTRICT NO. 1
Commence
on the East side of State Route 302 at its intersection with the Florida State
Line, and thence run East along the Florida State Line to the East Decatur
County Line; thence run North along the East Decatur County Line to the South
side of Bell Dixon Road; thence run West along the South side of the Bell Dixon
Road to its intersection with the East side of Fewell Road; thence run in a
Southwesterly direction along the East side of Fewell Road to its intersection
with the East side of State Route 262; thence run in a Southwesterly direction
along the South side of State Route 262 (Antioch Church Road) to the
intersection of the South side of Lake Douglas Road; thence run in a
Northwesterly direction along the South side of Lake Douglas Road to the South
side of Cedar Grove Road; thence run along the South side of Cedar Grove Road to
the East side of Woodhull Road; and thence run in a Northerly direction along
the East side of Woodhull Road to Georgia Power Company transmission line
right-of-way; thence run along the South side of Georgia Power Company
transmission right-of-way line to the West side of Seaboard Coastline Railroad
right-of-way; thence run in a Northerly direction along the West right-of-way of
the Seaboard Coastline Railroad right-of-way to its intersection with Four Mile
Creek; thence meandering along Four Mile Creek in a Northwesterly direction to
its intersection with the West side of Fowlstown Road; thence run North along
the West side of Fowlstown Road to the South side of Country Club Road; thence
run West along the South side of Country Club Road to the West side of State
Route 97 (Faceville Highway); thence run South along the West side of Faceville
Road to the South side of Hand Road; thence run West along the South side of
Hand Road to its intersection with Four Mile Creek; thence meandering along Four
Mile Creek in a Southwesterly direction to its intersection with Flint River;
thence meandering along the East side of Flint River in a Southerly direction to
its intersection with Dry Creek; thence meandering along Dry Creek in a
Northeasterly direction to its beginning and then following the extension of
said line in an Easterly direction to its intersection with the East side of
State Route 97 (just South of Southland Road); thence run in a Southerly
direction along the East side of Highway 97 to its intersection with Highway
302; thence run in a Southerly direction along the East side of Highway 302 to
the Florida line and the point of beginning.
COMMISSION
DISTRICT NO. 2
Commence
on the South side of County Line Road at its intersection with the East Decatur
County Line and thence run West along the South side of the County Line Road to
its intersection with the East side of Flint River; thence meandering along the
East side of Flint River in a Southwesterly direction to its intersection with
the North side of Big Slough Landing; thence run in a Northeasterly direction
along the North side of Big Slough Landing to the East side of East River Road;
thence run South along the East side of East River Road to the intersection with
the North side of Forrest Lane; thence run East along the North side of Forrest
Lane to its intersection with Cumberland Court; thence run along Cumberland
Court to its intersection with the city limits of the City of Bainbridge; thence
run along the city limits of the City of Bainbridge to its intersection with the
North side of Belcher Lane; thence run East along the North side of Belcher Lane
to its intersection with the West side of Whigham Dairy Road; thence run South
along the West side of Whigham Dairy Road to its intersection with the South
side of Old Whigham Road; thence run West along the South side of the Old
Whigham Road to its intersection with the East side of Pipe Line Street; thence
run South along the East side of Pipe Line Street to its intersection with the
North side of Shotwell Street; thence run East along the North side of Shotwell
Street to its intersection with the East side of Whigham Dairy Road; thence run
South across Shotwell Street to the East side of College Road and thence
continue to run South along the East side of College Road to its intersection
with the North side of Lake Douglas Road; thence run in a Southeasterly
direction along the North side of Lake Douglas Road to its intersection with the
West side of Alday Road; thence run North along the West side of Alday Road to
its intersection with Carrie Bell Drive on the North; thence run in a
Northeasterly direction along the West side of Alday Road to a curve to the
East; thence run East along the North side of Alday Road to a curve to the
South; thence run South along the East side of Alday Road to a curve to the
East; thence run East along the North side of Alday Road to a curve to the
South; thence run South along the East side of Alday Road to the North side of
Lake Douglas Road; thence run in a Southeasterly direction along the East side
of Lake Douglas Road to its intersection with the South side of Woodhull Road;
thence run West along the South side of Woodhull Road to a curve to the South;
thence run South along the East side of Woodhull Road to its intersection with
the North side of Cedar Grove Road; thence run East along the North side of
Cedar Grove Road to the East side of Lake Douglas Road; thence run South along
the East side of Lake Douglas Road to its intersection with State Route 262;
thence run in a Northeasterly direction along State Route 262 to its
intersection with Fewell Road; thence run in a Northeasterly direction along the
West side of Fewell Road to its intersection with the North side of Bell Dixon
Road; thence run East along the North side of Bell Dixon Road to its
intersection with the East Decatur County line; thence run North along the East
Decatur County line to its intersection with the South side of County Line Road
and the point of beginning.
COMMISSION
DISTRICT NO. 3
Commence
on the North side of U. S. Highway 27 Bypass at its intersection with the East
side of Flint River and thence run in a Southerly direction along the East side
of U. S. Highway 27 Bypass to its intersection with the West side of South West
Street; thence run North along the West side of South West Street to its
intersection with the North side of College Street; thence run East along the
North side of East College Street to its intersection with the West side of
Tallahassee Road; thence run North along the West side of Tallahassee Road to
its intersection with the North side of U. S. Highway 84B (East Shotwell
Street); thence run East along the North side of U. S. Highway 84B to its
intersection with the West side of Pipe Line Road; thence run North along the
West side of Pipe Line Road to its intersection with the North side of Old
Whigham Road (Martin Luther King, Jr. Drive); thence run East along the North
side of Old Whigham Road to its intersection with the West side of Whigham Dairy
Road; thence run North along the West side of Whigham Dairy Road to its
intersection with the South side of Belcher Lane; thence run West along the
South side of Belcher Lane to the East city limits of the City of Bainbridge;
thence run North along the East city limits of Bainbridge to the South side of
Cumberland Court; thence run East along the South side of Cumberland Court to
the Southeast corner of Cumberland Court; thence run North along the East side
of Cumberland Court to the Northeast corner; thence run West along the North
side of Cumberland Court to the Northwest corner; thence run in a Southwesterly
direction along the West side of Cumberland Court to the South side of Forrest
Lane; thence run West along the South side of Forrest Lane to its intersection
with the West side of East River Road; thence run in a Northeasterly direction
along the West side of East River Road to its intersection with the Big Slough
Landing; thence meandering along the Big Slough Landing in a Southwesterly
direction to its intersection with the East side of Flint River; thence
meandering in a Southwesterly direction along the East side of Flint River to
its intersection with the North side of U. S. Highway 27 Bypass and the point of
beginning.
COMMISSION
DISTRICT NO. 4
Commence
on the South side of East Shotwell Street at its intersection with the East side
of South Scott Street and thence run East along the South side of East Shotwell
Street (Thomasville Road) to its intersection with the West side of College
Road; thence run South along the West side of College Road to its intersection
with the South side of Lake Douglas Road; thence run in an Easterly direction
along the South side of Lake Douglas Road to a point where Alday Road intersects
the North right-of-way line of Lake Douglas Road; thence run North along the
East side of Alday Road to a point of intersection on the North by Carrie Bell
Drive; thence run in a Northeasterly direction along the South side of Alday
Road to a curve to the East; thence run East along the South side of Alday Road
to a curve to the South; thence run South along the West side of Alday Road to a
curve to the East; thence run East along the South side of Alday Road to a curve
to the South; thence run South along the West side of Alday Road to its
intersection with the South side of Lake Douglas Road; thence run in a
Southeasterly direction along the West side of Lake Douglas Road to its
intersection with the North side of Woodhull Road; thence run West and South
along the North and West side of Woodhull Road to its intersection with the
Georgia Power Company transmission line right-of-way; thence run in a
Southwesterly direction along the Georgia Power Company transmission line
right-of-way to the East side of the Seaboard Coastline Railroad right-of-way;
thence run in a Northwesterly direction along the East side of the Seaboard
Coastline Railroad right-of-way to the South city limits of the City of
Bainbridge; thence run West along the South city limits of the City of
Bainbridge to the East side of Fowlstown Road (South West Street); thence run
North along the East side of Fowlstown Road to the South side of East College
Street; thence run East along the South side of East College Street to its
intersection with the East side of Tallahassee Road; thence run North along the
East side of Tallahassee Road to the South side of Shotwell Street and the point
of beginning.
COMMISSION
DISTRICT NO. 5
Commence
on the West side of State Route No. 302 at its intersection with the Florida
State Line and thence run North along the West side of State Route No. 302 to
its intersection with the West side of State Route No. 97; thence run North
along the West side of State Route No. 97 to its intersection with the South
side of a line extended Easterly from the beginning of Dry Creek; thence
meandering along the South side of Dry Creek in a Southwesterly direction to its
intersection with Flint River; thence run across Flint River to the West bank;
thence meandering along the West side of Flint River in a Northerly direction to
a point where Four Mile Creek intersects the East side of Flint River; thence
run East across Flint River to its intersection with the North side of Four Mile
Creek; thence run in a Northeasterly direction along Four Mile Creek to its
intersection with the North side of Hand Road; thence run East along the North
side of Hand Road to its intersection with the West side of State Route 97;
thence run North along the West side of State Route 97 to a point opposite the
North side of Country Club Road; thence run East across State Route 97 and along
the North side of Country Club Road to its intersection with the East side of
Fowlstown Road; thence run South along the East side of Fowlstown Road to its
intersection with Four Mile Creek; thence meandering along Four Mile Creek in a
Southeasterly direction to its intersection with the West side of the Seaboard
Coastline Railroad right-of-way; thence run in a Northwesterly direction along
the West side of the Seaboard Coastline Railroad right-of-way to its
intersection with the South city limits of the City of Bainbridge; thence run
East along the South city limits of the City of Bainbridge to its intersection
with the West side of Fowlstown Road; thence run North along the West side of
Fowlstown Road (South West Street) to its intersection with the South side of U.
S. Highway 27 Bypass; thence run in a Northeasterly direction along the South
side of U. S. Highway 27 Bypass to its intersection with the West bank of Flint
River; thence meandering along the West bank of Flint River in a Southwesterly
direction to its intersection with the West side of Airport Road; thence run
North along the West side of Airport Road to its intersection with the South
side of Spring Creek Road; thence run in a Southwesterly direction along the
East side of Spring Creek Road to the West city limits of the City of
Bainbridge; thence run North along the West city limits of the City of
Bainbridge to its intersection with the South side of Dothan Road; thence run in
a Northwesterly direction along the South side of Dothan Road to its
intersection with the East side of John Sam Road; thence run South along the
East side of John Sam Road to its intersection with the South side of John Rich
Road; thence run West along the South side of John Rich Road to the East
intersection of Yates Spring Road; thence run South along the East side of Yates
Spring Road to its intersection with the South side of the Smith Landing Road;
thence run West along the South side of Smith Landing Road and across Spring
Creek to its intersection with the West Decatur County Line; thence run South
along the West Decatur County Line to its intersection with the Florida State
Line; thence run East along the Florida State Line to the West side of State
Route 302 and the point of beginning.
COMMISSION
DISTRICT NO. 6
Commence
on the West side of the Flint River at its intersection with the North line of
Decatur County and thence Meandering along the West side of Flint River to its
intersection with the East side of Airport Road; thence run North along the East
side of Airport Road to its intersection with the North right-of-way of State
Route No. 253 (Spring Creek Road); thence run in a Southwesterly direction along
the North side of State Route 253 to the city limits of the City of Bainbridge;
thence run North and East along the city limits of Bainbridge to its
intersection with the North side of Dothan Road; thence run in a Northwesterly
direction along the North side of Dothan Road to the North side of Cooler Road;
thence run South across Dothan Road to the West side of John Sam Road; thence
run South along the West side of John Sam Road to the North side of John Rich
Road; thence run West along the North side of John Rich Road to Yates Spring
Road; thence run South along the West side of Yates Spring Road to its
intersection with the North side of Smith Landing Road; thence run West along
the Smith Landing Road across Spring Creek to its intersection with the West
Decatur County Line; thence run North along the West Decatur County Line to its
intersection with the North Decatur County Line; thence run East along the North
Decatur County Line to its intersection with the West side of Flint River and
the point of beginning.
(b)
Any part of Decatur County which is not included in any commission district
described in subsection (a) of this section shall be included within that
district contiguous to such part which contains the least population according
to the United States decennial census of 2000 for the State of Georgia. Any
part of Decatur County which is described as being in a particular commission
district shall nevertheless not be included within such commission district if
such part is not contiguous to such district. Such noncontiguous part shall
instead be included within that commission district contiguous to such part
which contains the least population according to the United States decennial
census of 2000 for the State of Georgia. Except as otherwise provided in the
description of any commission district, whenever the description of such
district refers to a named city, it shall mean the geographical boundaries of
that city as shown on the census map for the United States decennial census of
2000 for the State of Georgia.
SECTION
2.
All
members of the board of commissioners shall not be less than 21 years of age and
shall be qualified electors of Decatur County. Each of the commissioners shall
have been a resident of his or her respective commission district for at least
18 months prior to the date of taking office. In the event that any member
ceases to be a resident of his or her respective commission district during his
or her term of office, a vacancy shall be created and shall be filled in the
manner hereinafter provided. Each of the members shall be elected by the
qualified voters of Decatur County residing within his or her respective
commission district. In all elections conducted pursuant to this Act, each
candidate shall designate, at the time of qualifying, the district from which he
or she offers as a candidate. To be elected as a member of the board, a
candidate must receive the highest number of votes cast for the seat he or she
is seeking; and, at the same time, a candidate must receive a majority of the
total votes cast for the election of a commissioner to that seat. In the event
no candidate for a particular seat receives a majority of the votes for the seat
he or she is seeking, a run-off election shall be conducted for that particular
seat. All members shall be nominated and elected in accordance with the
provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code,
as now or hereafter amended.
SECTION
3.
Reserved.
SECTION
4.
(a)
The present members of the board of commissioners of Decatur County and any
successors filling vacancies created by such members prior to the expiration of
their terms of office shall continue to serve out the terms of office for which
they were elected and until their successors are elected and qualified as
provided in this section.
(b)
The members from Commission Districts No. Two, Three, and Five shall be those
elected at the general election of 2004 and quadrennially thereafter and they
shall take office on January 1 next following their election for terms of four
years and until their successors are elected and qualified.
(c)
The members from Commission Districts No. One, Four, and Six shall be elected at
the general election of 2006 and quadrennially thereafter and shall take office
on January 1 next following their election for terms of four years and
until their successors are elected and qualified.
(d)
Successors to the members elected pursuant to this section shall be elected at
the general election immediately preceding the expiration of their respective
terms of office and shall take office on the first day of January following
their election for terms of four years and until their successors are elected
and qualified.
(e)
Any vacancy which occurs on the board of commissioners by death, resignation,
removal from the commission district, or for any other reason shall be filled by
the remaining members of the board electing a successor to serve until a
successor is elected at the next general election to serve for the unexpired
term or for a full term, as the case may be. Persons elected or appointed to
fill the vacancies as provided by this subsection shall be subject to the same
qualifications as required of other regular elected members of the board of
commissioners.
SECTION
5.
Each
member of said board, before entering upon his or her duties, shall take an oath
before the probate judge or the clerk of superior court to faithfully and
honestly discharge all the duties of such commissioner according to the laws and
Constitution of the State of Georgia, which oath shall be subscribed by the
member and recorded upon the minutes of said board.
SECTION
6.
(a)
All members of the board shall have the same authority and privileges except the
chairperson of the board shall not vote on any matter except as provided in this
section.
(b)
The chairperson shall not vote on any matter coming before the commission except
when there is a tie vote of the commissioners voting on any particular matter or
when there are four or fewer members present.
(c)
A majority of the members of the board shall constitute a quorum for the
transaction of all business which may come before it. A majority vote of the
members present and voting on any matter shall be required for the commission to
act affirmatively or negatively on the matter.
SECTION
7.
(a)
At the first board meeting in January, 2007, and at the first meeting each year
thereafter, the board of commissioners shall elect one of its members as
chairperson and select one of its members as vice chairperson.
(b)
The chairperson shall serve a term of one year, unless he or she resigns or is
removed from the position of chairperson.
(c)
The vice chairperson shall serve a term of one year, unless he or she resigns or
is removed from the position of vice chairperson.
(d)
It shall be the duty of the chairperson to act as presiding officer at all
meetings of the board of commissioners, and he or she shall serve as ceremonial
head of the county government. It shall be the duty of the chairperson to
represent the board of commissioners in executing and carrying out any matter
approved by the board.
(e)
In the event of the absence, disability, or recusal of the chairperson, the vice
chairperson shall temporarily assume the duties of the chairperson.
(f)
In the event that the chairperson or vice chairperson position becomes vacant
during the course of a year, the position is to be filled in the same manner as
it would be at the first meeting of each year. The replacement member shall
serve only until the end of the term.
(g)
In the event that the position of chairperson becomes vacant before the end of a
year, the vice chairperson shall serve as acting chairperson until the board
elects a new chairperson to complete the term.
(h)
In the event that positions of chairperson and vice chairperson become vacant at
the same time, the member with the greatest length of service on the board shall
serve as acting chairperson and the member with the second greatest length of
service on the board shall serve as acting vice chairperson until the board
elects a new chairperson and selects a new vice chairperson.
SECTION
8.
Each
member of the board of commissioners shall be compensated from the funds of
Decatur County. The compensation for the chairperson, the vice chairperson, and
the remaining members of the board shall be fixed by the governing authority of
Decatur County, as authorized by law.
SECTION
9.
The
board of commissioners shall be authorized to employ a county administrator for
the purpose of carrying out any of their powers and duties in the management and
controlling of the affairs of the county. The county administrator shall
perform such duties and responsibilities as determined by the board of
commissioners. The county administrator shall be compensated out of county
funds in an amount set by the board of commissioners.
SECTION
10.
The
board of commissioners shall be authorized to elect and appoint a county clerk,
and said clerk shall take the same oath in the same manner as its members have.
The clerk's duties shall be prescribed by the board of commissioners and his or
her term of office shall be designated by the board of commissioners. The
county clerk shall be compensated out of county funds in an amount set by the
board of commissioners.
SECTION
11.
Reserved.
SECTION
12.
The
board of commissioners may appoint and employ a competent attorney to act as
attorney for said county, whose term of office may be fixed by the board of
commissioners, and the board of commissioners shall pay for such legal services
such compensation as the board in its discretion may deem
reasonable.
SECTION
13.
The
board of commissioners shall be authorized to designate the county administrator
or any other county employee as the purchasing agent for the board of
commissioners. The person designated as purchasing agent shall perform his or
her responsibilities in accord with the purchasing policy of the
county.
SECTION
14.
The
board of commissioners shall have, and they are hereby vested with, exclusive
jurisdiction over the following matters: in directing and controlling all of the
property of the county as they may deem expedient according to law; in levying
taxes according to law; in establishing, altering, or abolishing and changing
elections, precincts, and militia districts; in supplying by appointment all
vacancies in county offices and in ordering elections to fill them; in
examining, settling, and allowing all claims against the county; in examining
and auditing the accounts of all officers having the care, management, keeping,
collection, or disbursement of money belonging to the county or appropriated for
its use and benefit and bringing them to a settlement; in supervising the tax
commissioner's books and allowing the insolvent list for said county, according
to law in the settlement; and especially are they charged with the authority to
examine and audit the books of the county treasurer, the tax commissioner, the
sheriff, and all other officers of the county through whose hands may pass
funds. This may be done by the commissioners or their clerk or designated
auditor, and they may require from such officers such report as may be necessary
to keep the board of commissioners fully informed at all times of the financial
condition of the county; in controlling, caring for, and managing the inmates of
the county according to law; in making such rules, regulations, and provisions
for the support of the poor of the county; in preserving and promoting public
health of the county with authority to quarantine against contagious diseases
and epidemics as provided by law; in levying and collecting taxes and trying all
defaulters according to law; to sit at any time as a court for county purposes;
to appoint any person or persons to discharge any duty and trust authorized by
their powers, when no other person or persons are designated by law, and to
regulate his or her or their compensation in their discretion; to concur in the
approval with the probate court of the county of all official bonds now or
formerly required to be approved by the ordinary or probate court by law; and
generally to exercise all of the powers which are by the Constitution and laws
of Georgia vested in the Probate Judge when sitting for county purposes, and to
exercise such other powers as are granted by law or as may be necessary to their
jurisdiction over county matters or county finances, including all powers not
contrary with this Act, which have been heretofore exercised by the Board of
Commissioners of Roads and Revenues of Decatur County under the Acts approved
Aug. 15th, 1904, and under all Acts amendatory thereof; in selecting and
appointing all subsidiary officers and employees of the county whose election
and appointment are not otherwise provided for by law, such as superintendents
and guards of inmates, county physicians, health officer, county farm agent,
janitor of the courthouse, and other employees or officials as may be required
or authorized by law. The board shall have entire management and control of the
inmates of the county sentenced to work upon the roads and public works of the
county so long as the county maintains a correctional institute and all inmates
of the state assigned to work in the county by the proper authorities of the
state and shall so employ them according to law and under such plans of working,
building, repairing, and maintaining the public roads, bridges, and public works
of the county, as now provided by law in said county.
SECTION
15.
The
board of commissioners may receive contributions to the building or improvement
of the public buildings, bridges, and property of the county from any person or
persons, and such contributions received shall be used for the improvement of
the roads and bridges or other county property.
SECTION
16.
Whenever
practical and in the discretion of the board of commissioners, all supplies,
equipment, and materials used by the county shall be purchased after notice and
competitive bids received by the board, and whenever the board deems it
advisable or necessary in their discretion that any property of the county be
sold, the board shall sell same after due advertisement in the official organ of
the county, at public outcry to the highest bidder for cash, before the
courthouse door, all pursuant to the county purchasing policies.
SECTION
17.
The
board of commissioners has the right to summon witnesses to appear before the
board sitting as a court for county purposes, and to punish any and every person
for contempt as the judges of the superior courts of this state now
have."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.