§ 2-184. Membership; organization; quorum; compensation of members; records; duration.

(a)

The authority shall consist of seven members appointed from posts as follows:

(1)

The member representing post 1 shall be the mayor of the City of Marietta, who shall serve as a member of the authority during his tenure as mayor of the City of Marietta.

(2)

The member representing post 2 shall be the mayor of the City of Smyrna, who shall serve as a member of the authority during his tenure as mayor of the City of Smyrna.

(3)

The member representing post 3 shall be appointed by the board of commissioners of Cobb County.

(4)

The member representing post 4 shall be appointed by the Cobb County board of parks and recreation and shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office.

(5)

The member representing post 5 shall be the chairman of the board of commissioners of Cobb County, who shall serve during his tenure as chairman of the board of commissioners of Cobb County.

(6)

The members representing post 6 and post 7 shall be appointed by a majority vote of the other five members of the authority. At least one of such appointed members shall be a resident of Cobb County at the time of such appointment and shall remain a resident throughout such term of office. "Majority vote" shall be defined in this paragraph as three of the five members of the authority appointed pursuant to this subsection.

(b)

The person serving as a member of the authority representing post 3 on January 1, 1993, or such person's successor shall continue to so serve as a member of such authority until May 1, 1995, and until such person's successor is appointed and qualified.

(c)

The person serving as a member of the authority representing post 4 on January 1, 1991, or such person's successor shall continue to serve in office until May 1, 1994, and until such person's successor is appointed and qualified.

(d)

Except as otherwise provided in this section, the members of the authority in office on January 1, 1991, or their successors, shall not serve out the remainder of the terms to which they were appointed but shall serve only until their successors are appointed and qualified as specified in this section. The members representing posts 1, 2, and 5 shall take office on March 27, 1991 and the members representing posts 6 and 7 shall be appointed and shall take office not later than 30 days after March 27, 1991. The initial member appointed to post 6 shall serve until May 1, 1996, and until a successor is appointed and qualified. The initial member appointed to post 7 shall serve until May 1, 1994, and until a successor is appointed and qualified. Thereafter, the members from posts 3, 4, 6, and 7 shall serve for terms of four years each and until their successors are appointed and qualified and shall take office on May 2 immediately following appointment. The members representing posts 1, 2, and 5, being the mayor of the City of Marietta, the mayor of the City of Smyrna, and the chairman of the board of commissioners of Cobb County, respectively, shall serve during the tenure of their respective offices.

(e)

A vacancy on the authority shall be filled by the body which made the initial appointment for the post as provided in subsection (a) of this section. Any appointment to fill a vacancy shall be only for the remainder of the unexpired term of office.

(f)

Reserved.

(g)

The authority shall elect one of its members as chairman and another as vice-chairman, and shall elect a secretary-treasurer, who may, but need not necessarily, be a member of the authority.

(h)

Four members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds.

(i)

If at any time, by reason of common disaster, or by reason of the failure of the members of the authority hereby appointed to accept their appointment, or for any other reason, there shall not be sufficient members of the authority willing and able to meet and constitute a quorum, any resident of the State of Georgia may file in the office of the clerk of the superior court of Cobb County, Georgia, a petition directed to the superior court of Cobb County against the authority setting forth that there are not sufficient members of the authority willing and able to meet and constitute a quorum, and setting forth the reason or reasons therefor, and showing the necessity of having a sufficient number of members of the authority appointed in order that a quorum may be available, and shall obtain from the judge of the said court an order requiring the authority to show cause at such time and place, either in term or chambers, within 20 days of the filing of the petition, as the judge may direct, why the said judge should not appoint sufficient members to the authority to enable the authority to obtain a quorum. In the event there is no officer or agent of the authority upon whom service may be made, and the court shall so find, the cause shall proceed to be heard ex parte. At the time designated for the hearing of said cause the judge of said court shall proceed to hear and determine all questions of law and of fact in said cause and shall render judgment thereon, and, in the event said judgment shall find that a necessity exists for the making of such appointment or appointments, such judge shall then make such appointment or appointments either for the remainder of an unexpired term or terms as may not have been filled, and shall include such appointment or appointments in said judgment, and, if the petitioning party or parties shall be dissatisfied with said judgment the petitioning party or parties may except thereto within 20 days from the date of the judgment, and said judgment shall be reviewable as are other final judgments of the court.

(j)

The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, experts, other agents, and employees, temporary or permanent, as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind. The authority shall have perpetual existence.

(1980 Ga. Laws (Act No. 1222), page 4091, § 1; 1981 Ga. Laws (Act No. 667), page 4350, § 2; 1986 Ga. Laws (Act No. 1386), page 5549, § 1; 1991 Ga. Laws (Act No. 23), page 3531, § 1; 1993 Ga. Laws (Act No. 172), page 4495, § 1)