08 LC 21
9884
House
Bill 1449
By:
Representatives Heard of the
114th,
McKillip of the
115th,
and Smith of the
113th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act establishing the Unified Government of Athens-Clarke County,
Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly
by an Act approved April 20, 1992 (Ga. L. 1992, p. 6556), and an Act approved
June 3, 2003 (Ga. L. 2003, p. 4250), so as to provide a method for selecting the
judge and personnel of the municipal court; to provide for membership on the
Athens-Clarke County Industrial Authority; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act establishing the Unified Government of Athens-Clarke County, Georgia,
approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an
Act approved April 20, 1992 (Ga. L. 1992, p. 6556), and an Act approved June 3,
2003 (Ga. L. 2003, p. 4250), is amended by revising Section 5-106 as
follows:
"Section
5-106.
Municipal Court of the City of Athens;
Continuation of Operations in
the Court of the Unified Government.
Municipal Court of the City of Athens;
Continuation of Operations in
the Court of the Unified Government.
On
the effective date of this charter the operations and employees of the Municipal
Court of the City of Athens shall continue as the operations and employees of a
court of the Unified Government of Athens-Clarke County. The Judge of the
Municipal Court of the City of Athens shall be authorized to serve as the Judge
of said court. The United Government of Athens-Clarke County shall have the
authority by ordinance to establish and define the method of selecting the Judge
and other personnel necessary to operate the court, their terms of office and
compensation, a schedule of fees to defray the cost of operation, and the
jurisdiction and powers of said court insofar as permitted by general law and
any other applicable law."
SECTION
2.
Said
Act is further amended by revising subsection (e) of Section 8-101 as
follows:
"(e)
The Athens-Clarke County Industrial Development Authority, created by a local
amendment to the Constitution (Ga. L. 1960, p. 1379) and continued in force and
effect by an Act approved March 27, 1985 (Ga. L. 1985, p. 4134), provides that
the membership of that Authority is composed of or appointed by governmental
authorities which no longer exist because of the unification of those
authorities as the Unified Government of Athens-Clarke County, Georgia, effected
by this Act. Article XI, Section I, Paragraph IV and Article X, Section I,
Paragraph I of the Constitution prohibit the amendment of such local
constitutional amendments. Article IX, Section III, Paragraph II(a) of the
Constitution, however, grants the General Assembly the power in providing for
local government consolidation to `provide by law for any matters necessary or
convenient to authorize the consolidation....' It is thus found by the General
Assembly that the consolidation which resulted in the Unified Government
necessitates, and therefore constitutionally authorizes, that the membership
positions on the Athens-Clarke County Industrial Development Authority be
construed to mean the following:
(1)
The membership position on the Authority specified to be held by the Mayor of
the City of Athens shall be construed to refer to the Mayor of the Unified
Government;
(2)
The membership position on the Authority specified to be held by the Chairman of
the Board of Commissioners of Roads and Revenue of Clarke County shall be
construed to refer to a member of the Commission of the Unified Government who
has been appointed to the Authority by such Commission;
(3)
The membership position on the Authority specified to be held by a person
appointed by the Commissioners of Roads and Revenues of Clarke County shall be
construed to refer to a person recommended by the Mayor of the Unified
Government and appointed by the Commission of that government.
(4)
The membership position on the Authority specified to be held by a person
appointed by the Mayor and Council of the City of Athens shall be construed to
refer to a person appointed by the Commission of the Unified Government;
and
(5)
The membership position on the Authority specified to be held by the President
of the Athens Chamber of Commerce, Inc., shall be construed to refer to the
Chairperson of the Board of the Athens Area Chamber of Commerce,
Inc."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.