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SB 289 - East Point Business & Industrial Dev. Auth. - powers

James, Donzella (35th)

Status Summary	SC:	SLGO	HC:	LLeg	FR:	03/17/99	LA:	04/20/00	Signed by Governor

First Reader Summary

A bill to further define and prescribe the powers and duties of the East Point Business and Industrial Development Authority, which was established by that proposed amendment to the Constitution of the State of Georgia of 1945, which was ratified in the 1976 general election; to further regulate the management and conduct of the authority; to provide for related matters; to provide for an effective date.

SB 289 00                                            SB289/AP 
 
      SENATE BILL 289 
 
      By:  Senator James of the 35th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To further define and prescribe the powers and duties of the 
  1- 2  East Point Business and Industrial Development Authority, 
  1- 3  which was established by that proposed amendment to the 
  1- 4  Constitution of the State of Georgia of 1945 (Ga. L. 1975, 
  1- 5  p. 1705), which was ratified in the 1976 general election; 
  1- 6  to further regulate the management and conduct of the 
  1- 7  authority; to provide for related matters; to provide for an 
  1- 8  effective date; to repeal conflicting laws; and for other 
  1- 9  purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  The East Point Business and Industrial Development Authority 
  1-13  was created by an amendment to the Constitution of the State 
  1-14  of Georgia of 1945 by an Act adopted during the 1975 Session 
  1-15  of the General Assembly and ratified in the 1976 general 
  1-16  election.  This amendment was specifically continued as part 
  1-17  of the Constitution of the State of Georgia of 1983 pursuant 
  1-18  to an Act approved March 25, 1986 (Ga. L. 1986, p. 4461). 
  1-19  Section 3 of that amendment, as amended, provided that the 
  1-20  number of members of the authority or the manner in which 
  1-21  the members are selected may be changed by an Act of the 
  1-22  General Assembly.  Section 32 of that amendment provides 
  1-23  that the General Assembly may by law further define and 
  1-24  prescribe the powers and duties of the authority and the 
  1-25  exercise thereof, may enlarge and restrict the same, and may 
  1-26  further regulate the management and conduct of the 
  1-27  authority.  This Act is enacted pursuant to the specific 
  1-28  authorization of Sections 3 and 32 of that amendment to the 
  1-29  Constitution. 
 
  1-30                           SECTION 2. 
 
  1-31  The membership and government of the authority shall be as 
  1-32  follows: 
 
  1-33      (1) Membership.  The authority shall be constituted of 
  1-34      nine members, one of whom shall be the Mayor of the City 
 
 
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  2- 1      of East Point or the mayor's designee who shall be a 
  2- 2      resident of the City of East Point. 
 
  2- 3      (2) Qualifications.  All persons who have resided within 
  2- 4      the limits of the City of East Point for at least six 
  2- 5      months immediately preceding are eligible for 
  2- 6      appointment to the authority. 
 
  2- 7      (3) Composition and appointment.  The remaining eight 
  2- 8      members of the authority shall be selected by members of 
  2- 9      the city council with each member of the city council 
  2-10      being entitled to appoint in open meeting one person to 
  2-11      the authority.  Each initial appointment made pursuant 
  2-12      to this Act shall be for a term ending concurrently with 
  2-13      the expiration of the respective appointing 
  2-14      councilmember's term of office.  Thereafter, each 
  2-15      successor shall be appointed for a four-year term and 
  2-16      until his or her successor has been appointed.  Any 
  2-17      member of the authority may be appointed as successor. 
  2-18      The members of the authority shall enter upon their 
  2-19      duties immediately after such appointment.  The 
  2-20      authority shall elect from among its members a 
  2-21      chairperson and vice chairperson for annual terms and 
  2-22      until their successors are elected.  The authority shall 
  2-23      elect a secretary-treasurer, which person need not be a 
  2-24      member of the authority, and, if not a member, such 
  2-25      person shall have no voting rights.  The 
  2-26      secretary-treasurer shall be selected to serve at the 
  2-27      pleasure of the authority.   No member of the authority 
  2-28      shall hold more than one office, except that member 
  2-29      holding a office of secretary-treasurer. Five members of 
  2-30      the authority shall constitute a quorum.  A majority of 
  2-31      the members shall be empowered to exercise the rights 
  2-32      and perform all the duties of the authority, and no 
  2-33      vacancies on the authority shall impair the right of the 
  2-34      quorum to act.  In the event of a vacancy on the 
  2-35      authority through death, resignation, or otherwise, the 
  2-36      same shall be filled for the unexpired term by the 
  2-37      member of the city council entitled originally to make 
  2-38      such appointment.  The city council by an affirmative 
  2-39      vote of five of its members and after due notice and a 
  2-40      hearing may remove any member, except the mayor or his 
  2-41      or her designee, from the authority for cause. The 
  2-42      authority shall adopt bylaws not inconsistent with 
  2-43      statute, the city charter, or ordinances to regulate its 
  2-44      own government.  The authority shall have perpetual 
  2-45      existence. 
 
 
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  3- 1      (4) Compensation.  Each member of the authority shall be 
  3- 2      compensated by the City of East Point in an amount and 
  3- 3      upon such terms as are set by the city council. 
 
  3- 4                           SECTION 3. 
 
  3- 5  The powers of the authority are further defined as follows: 
 
  3- 6      (1) Support staff.  In lieu of the employment by the 
  3- 7      authority of an executive director or one or more 
  3- 8      employees, the city council may provide for staff 
  3- 9      support to the authority through the city manager. 
  3-10      Subject to the oversight and administrative control of 
  3-11      the city manager, such designated staff support 
  3-12      personnel may be utilized by the authority for its 
  3-13      purposes.  The chairperson of the authority shall advise 
  3-14      the city manager as necessary on the responsibilities 
  3-15      and performances of designated personnel. 
 
  3-16      (2) Funds.  Funds of the authority shall be maintained 
  3-17      in the accounts of the City of East Point.  Such 
  3-18      accounts shall be identified as authority accounts, and 
  3-19      any expenditures therefrom shall be approved by the 
  3-20      authority.  The city shall provide an accounting of 
  3-21      funds annually and as requested by the authority. 
 
  3-22      (3) Real property.  The city council may by resolution 
  3-23      declare that any parcel of real property owned by the 
  3-24      authority is needed by the city for a public purpose. 
  3-25      Upon the adoption of such a resolution, the authority 
  3-26      shall by appropriate deed transfer such property to the 
  3-27      city.  Except as otherwise provided by the city council, 
  3-28      such transfer shall be without recompense unless as 
  3-29      required in order to preserve or accomplish any donative 
  3-30      intent associated with the property. 
 
  3-31                           SECTION 4. 
 
  3-32  This Act shall in no manner affect existing contracts and 
  3-33  obligations. 
 
  3-34                           SECTION 5. 
 
  3-35  This Act shall become effective upon its approval by the 
  3-36  Governor or upon its becoming law without such approval. 
 
  3-37                           SECTION 6. 
 
  3-38  All laws and parts of laws in conflict with this Act are 
  3-39  repealed. 
 
 
 
 
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