HB 879 - Cherokee County; water and sewerage authority
Georgia House of Representatives - 1995/1996 Sessions
HB 879 - Cherokee County; water and sewerage authority
Page Numbers - 1/ 2/ 3/ 4/ 5
1. Harris 17th 2. Pinholster 15th 3. Stancil 16th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 140 Nays 1 Senate Vote: Yeas 42 Nays 0
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House Action Senate
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2/28/95 Read 1st Time 3/7/95
3/1/95 Read 2nd Time
3/6/95 Favorably Reported 3/10/95
3/6/95 Read 3rd Time
3/6/95 Passed/Adopted 3/10/95
3/22/95 Sent to Governor
3/27/95 Signed by Governor
83 Act/Veto Number
4/1/95 Effective Date
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Code Sections amended:
HB 879 LC 18 6851
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend an Act known as the "Cherokee County Water and
1- 2 Sewerage Authority Act," approved March 7, 1955 (Ga. L.
1- 3 1955, p. 2943), as amended, so as to change the
1- 4 qualifications of the chairman and members; to change the
1- 5 provisions relating to compensation of the chairman and
1- 6 members; to provide an effective date; to repeal conflicting
1- 7 laws; and for other purposes.
1- 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1- 9 An Act known as the "Cherokee County Water and Sewerage
1-10 Authority Act," approved March 7, 1955 (Ga. L. 1955, p.
1-11 2943), as amended, is amended by striking from Section 2 the
1-12 second undesignated paragraph and inserting in its place the
1-13 following:
1-14 "The Authority shall consist of seven members. The
1-15 members of the Authority in office on the effective date
1-16 of this Act shall serve until June 30, 1991, and until
1-17 their successors have been appointed and qualified as
1-18 provided in this section. The grand jury shall appoint the
1-19 new members of the Authority during its May, 1991, term
1-20 and the members so appointed shall take office on July 1,
1-21 1991. One member of the Authority shall be the chairman
1-22 of the board of commissioners of Cherokee County. Such
1-23 member shall serve for a term of office as a member of the
1-24 Authority which runs concurrent with such person's term of
1-25 office as chairman of the board of commissioners. Each
1-26 successor to such member shall be the person elected as
1-27 chairman of the board of commissioners. One member shall
1-28 be a resident of a municipality in Cherokee County the
1-29 water system of which municipality has, at the time of
1-30 such appointment, been integrated into the county water
1-31 system. Such member shall continue to be a resident of
1-32 that municipality during such member's term of office or a
1-33 vacancy shall be created. Such member may be the mayor or
1-34 a councilmember of any such municipality. Such member
-1- (Index)
LC 18 6851
2- 1 shall be appointed for an initial term of office of two
2- 2 years and until his successor is appointed and qualified.
2- 3 Each successor to such member shall be appointed for a
2- 4 term of office of four years and until his successor is
2- 5 appointed and qualified and shall take office on July 1
2- 6 immediately following his appointment. One member shall
2- 7 be appointed from the county at large. Such member shall
2- 8 continue to be a resident of Cherokee County during such
2- 9 member's term of office or a vacancy shall be created.
2-10 Such member shall be appointed for an initial term of
2-11 office of four years and until his successor is appointed
2-12 and qualified. Each successor to such member shall be
2-13 appointed for a term of office of four years and until his
2-14 successor is appointed and qualified and shall take office
2-15 on July 1 immediately following his appointment. One
2-16 member shall be appointed to represent the district
2-17 composed of Post 1 of the county commission. Such member
2-18 shall continue to reside within such district during such
2-19 member's term of office or a vacancy shall be created.
2-20 Such member shall be appointed for an initial term of
2-21 office of two years and until his successor is appointed
2-22 and qualified. Each successor to such member shall be
2-23 appointed for a term of office of four years and until his
2-24 successor is appointed and qualified and shall take office
2-25 on July 1 immediately following his appointment. One
2-26 member shall be appointed to represent the district
2-27 composed of Post 2 of the county commission. Such member
2-28 shall continue to reside within such district during such
2-29 member's term of office or a vacancy shall be created.
2-30 Such member shall be appointed for an initial term of
2-31 office of two years and until his successor is appointed
2-32 and qualified. Each successor to such member shall be
2-33 appointed for a term of office of four years and until his
2-34 successor is appointed and qualified and shall take office
2-35 on July 1 immediately following his appointment. One
2-36 member shall be appointed to represent the district
2-37 composed of Post 3 of the county commission. Such member
2-38 shall continue to reside within such district during such
2-39 member's term of office or a vacancy shall be created.
2-40 Such member shall be appointed for an initial term of
2-41 office of four years and until his successor is appointed
2-42 and qualified. Each successor to such member shall be
2-43 appointed for a term of office of four years and until his
2-44 successor is appointed and qualified and shall take office
2-45 on July 1 immediately following his appointment. One
2-46 member shall be appointed to represent the district
-2- (Index)
LC 18 6851
3- 1 composed of Post 4 of the county commission. Such member
3- 2 shall continue to reside within such district during such
3- 3 member's term of office or a vacancy shall be created.
3- 4 Such member shall be appointed for an initial term of
3- 5 office of four years and until his successor is appointed
3- 6 and qualified. Each successor to such member shall be
3- 7 appointed for a term of office of four years and until his
3- 8 successor is appointed and qualified and shall take office
3- 9 on July 1 immediately following his appointment. The
3-10 Authority shall advertise in the legal organ of the county
3-11 once a week for four weeks beginning in April, 1991, that
3-12 persons interested in serving on the Authority should
3-13 submit a resume to the Authority. A similar notice shall
3-14 be mailed by the Authority to each Authority customer not
3-15 later than May 1, 1991. All resumes or other
3-16 recommendations received by the Authority shall be
3-17 delivered to the grand jury. In order to be qualified to
3-18 serve as a member of the Authority a person must: be 21
3-19 years of age or older; have been a resident of Cherokee
3-20 County for one year preceding his appointment; be a
3-21 residential or commercial customer of the Authority at the
3-22 time of appointment; not have been convicted of a felony;
3-23 not hold any elected office for a period of one year
3-24 preceding his appointment, provided that this limitation
3-25 shall not apply with respect to the member of the
3-26 Authority who is required to be a resident of a
3-27 municipality in Cherokee County the water system of which
3-28 has been integrated into the county water system if that
3-29 member is the mayor or a councilmember of such
3-30 municipality; and not have been an employee of Cherokee
3-31 County for a period of one year preceding his appointment.
3-32 No person who has served two consecutive terms of office
3-33 shall be eligible to be appointed as a member of the
3-34 Authority until a period of four years has elapsed from
3-35 the expiration date of the second consecutive term of
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3-37 limitation, the term 'consecutive term of office' shall
3-38 not include any term of office beginning prior to July 1,
3-39 l991. All persons appointed by the grand jury shall be
3-40 selected on the basis of competence and fair
3-41 representation of the varied interests of the entire
3-42 county. All regular appointments made by the grand jury
3-43 following the initial appointments shall be made at the
3-44 May term of the grand jury immediately preceding the
3-45 expiration of the term of office of such member. The
3-46 Authority shall annually elect one of its members as
-3- (Index)
LC 18 6851
4- 1 chairman and elect one of its members as vice chairman and
4- 2 it may also elect a secretary and treasurer, who need not
4- 3 necessarily be a member of the Authority. Four members of
4- 4 the Authority shall constitute a quorum. No vacancy on
4- 5 the Authority shall impair the right of the quorum to
4- 6 exercise all the rights and perform all the duties of the
4- 7 Authority. Any vacancy on said board, either by death,
4- 8 resignation, or otherwise, shall be made by the grand jury
4- 9 at its current term but shall not be made later than its
4-10 next available term for the remainder of such term of
4-11 office."
SECTION 2.
4-12 Said Act is further amended by striking the third
4-13 undesignated paragraph of which reads as follows:
4-14 "The chairman and other members of the Authority shall be
4-15 entitled to compensation for their services at the rate of
4-16 $1,200.00 per year, and all members shall be reimbursed
4-17 for their actual expenses necessarily incurred in the
4-18 performance of their duties. The Authority shall make
4-19 rules and regulations for its own government. It shall
4-20 have perpetual existence.",
4-21 and inserting in its place the following:
4-22 "The chairman and other members of the Authority shall be
4-23 entitled to compensation for their services at the rate of
4-24 $100.00 per meeting, including regular meetings, special
4-25 called meetings, and work sessions of the Authority and if
4-26 approved in advance or ratified by a majority of the
4-27 Authority, any other meeting attended by such chairman or
4-28 member the primary purpose of which is official business
4-29 of the Authority. In addition to such compensation the
4-30 chairman and other members shall be reimbursed for their
4-31 actual expenses necessarily incurred in the performance of
4-32 their duties. The Authority shall make rules and
4-33 regulations for its own government. It shall have
4-34 perpetual existence."
SECTION 3.
4-35 This Act shall become effective on the first day of the
4-36 month following the month in which it is approved by the
4-37 Governor or in which it becomes law without such approval.
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LC 18 6851
SECTION 4.
5- 1 All laws and parts of laws in conflict with this Act are
5- 2 repealed.
-5- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97