08 LC
14 9851/AP
House
Bill 1459 (AS PASSED HOUSE AND SENATE)
By:
Representatives Heckstall of the
62nd,
Holmes of the
61st,
and Fludd of the
66th
A
BILL TO BE
ENTITLED
AN ACT
AN ACT
To
change the qualifications of membership to and the manner in which members shall
be selected for the College Park Business and Industrial Development Authority,
created by that certain 1980 constitutional amendment of the Constitution of
1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980
general election and specifically continued in force and effect by an ordinance
enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27,
1987 (Ga. L. 1987, p. 3713); to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
(a)
Membership: The College Park Business and Industrial Development Authority,
created by that certain 1980 constitutional amendment of the Constitution of
1976, Resolution Act No. 168 (Ga. L. 1980, p. 2071), duly ratified at the 1980
general election and specifically continued in force and effect by an ordinance
enacted August 20, 1984 (Ga. L. 1985, p. 5311) and an Act approved February 27,
1987 (Ga. L. 1987, p. 3713), notwithstanding any contrary provisions of
subsection (b) of Section 3 of said constitutional amendment, shall henceforth
consist of seven members as specified in this subsection. This Act is passed
pursuant to the authorization of the provisions of subsection (b) of Section 3
which provide that if the qualifications of the membership or the manner in
which members of the authority shall be selected shall ever be the subject of
change, the same may be accomplished by an Act of the General Assembly.
Pursuant to such authorization, the seven members shall be as
follows:
(1)
The mayor of the City of College Park or his or her designated member from the
city council of the City of College Park;
(2)
The mayor pro tempore of the City of College Park or his or her designated
member from the city council of the City of College Park;
(3)
A person residing in the City of College Park, to be selected by the mayor and
city council;
(4)
A person residing in Ward 1 of the City of College Park, to be nominated by the
Ward 1 councilmember and approved by the city council;
(5)
A person residing in Ward 2 of the City of College Park, to be nominated by the
Ward 2 councilmember and approved by the city council;
(6)
A person residing in Ward 3 of the City of College Park, to be nominated by the
Ward 3 councilmember and approved by the city council; and
(7)
A person residing in Ward 4 of the City of College Park, to be nominated by the
Ward 4 councilmember and approved by the city council.
(b)
Qualifications: All persons who have resided for at least six months within the
limits of the City of College Park and the ward they are nominated to represent
shall be eligible for appointment to membership of the authority.
(c)
Terms:
(1)
Notwithstanding any contrary provisions of subsection (b) of Section 3 of said
constitutional amendment, the members of the authority shall henceforth serve
terms that are concurrent with the term of office of the nominating city
official. Should the nominating city official leave office through death,
resignation, or otherwise, the term of the member of the authority nominated by
said official shall terminate upon the nominating city official leaving
office;
(2)
Any member of the authority may be selected and appointed to succeed himself or
herself, so long as he or she remains qualified for the position;
and
(3)
In the event of a vacancy on the authority through death, resignation, or
otherwise, the same shall be filled by the nomination of a qualified resident by
the city official charged with nominating the vacating member, said nomination
to be approved by the city council.
SECTION
2.
(a)
Nothing in this Act shall be construed as affecting or altering the term of
office of any duly appointed member serving on the authority as of the effective
date of this Act:
(1)
As of the effective date of this Act, the term of April Wyatt is scheduled to
end on December 31, 2008; and in accordance with paragraph (5) of subsection (a)
of Section 1 of this Act, any vacancy occurring through death, resignation, the
end of this authority term, or otherwise shall be filled by a qualified resident
of Ward 2 nominated by the Ward 2 councilmember and approved by the city
council;
(2)
As of the effective date of this Act, the term of Jeff Green is scheduled to end
on December 31, 2008; and in accordance with paragraph (6) of subsection (a) of
Section 1 of this Act, the vacancy occurring through death, resignation, the end
of this authority term, or otherwise shall be filled by a qualified resident of
Ward 3 nominated by the Ward 3 councilmember and approved by the city
council.
(3)
As of the effective date of this Act, the term of authority member Jane Randolph
is scheduled to end on December 31, 2009; and in accordance with paragraph (4)
of subsection (a) of Section 1 of this Act, the vacancy occurring through death,
resignation, the end of this authority term, or otherwise shall be filled by a
qualified resident of Ward 1 nominated by the Ward 1 councilmember and approved
by the city council;
(4)
As of the effective date of this Act, the term of Walt Bellamy is scheduled to
end on December 31, 2010; and in accordance with paragraph (7) of subsection (a)
of Section 1 of this Act, the vacancy occurring through death, resignation, the
end of this authority term, or otherwise shall be filled by a qualified resident
of Ward 4 nominated by the Ward 4 councilmember and approved by the city
council;
(5)
As of the effective date of this Act, the term of authority member Subernia
Willis is scheduled to end on December 31, 2010; and in accordance with
paragraph (3) of subsection (a) of Section 1 of this Act, the vacancy occurring
through death, resignation, the end of this authority term, or otherwise shall
be filled by a qualified resident of the City of College Park selected by the
mayor and city council; and
(6)
As of the effective date of this Act, the term of authority member Ambrose Clay
is scheduled to end on December 31, 2008; and in accordance with paragraph (2)
of subsection (a) of Section 1 of this Act, the vacancy occurring through death,
resignation, the end of this authority term, or otherwise shall be filled by the
mayor pro tempore of the City of College Park, ex officio, or his designated
member from the city council of the City of College Park.
SECTION
3.
This
Act shall only affect and change henceforth the qualifications for and the
selection of College Park Business and Industrial Development Authority
membership. It shall in no way alter or amend the powers or duties of the
authority or other provisions provided for in the constitutional amendment which
created the authority.
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.