Cobb County |
Code of Ordinances |
Part II. STATE ENABLING LEGISLATION |
Chapter 38. UTILITIES |
Article II. COBB COUNTY-MARIETTA WATER AUTHORITY |
§ 38-22. Created; membership; term of members; compensation of members; organization; quorum; duration.
(a)
There is hereby created a body corporate and politic to be known as the Cobb County-Marietta Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Marietta, Georgia; and the officers, agents, and employees of the authority when in performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Marietta, Georgia, when in the performance of their public duties or work of the city.
(b)
The authority shall consist of seven members who shall be determined and selected as follows:
(1)
One member shall be the chairperson of the Board of Commissioners of Cobb County, Georgia;
(2)
One member shall be selected by the governing authority of the City of Marietta, Georgia;
(3)
One member shall be selected by the governing authority of the City of Smyrna;
(4)
One member shall be the chairperson of the Board of Commissioners of Paulding County;
(5)
Three members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The three members so selected by the caucus shall include one member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna; one member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna; and one member from unincorporated Cobb County.
(c)
The term of office of the chairperson of the Board of Commissioners of Cobb County as a member of the authority and the term of office of the chairperson of the Board of Commissioners of Paulding County as a member of the authority shall be concurrent with their terms of office as chairpersons except that the term of office of the chairperson of the Board of Commissioners of Paulding County shall begin on August 15, 2006. The member of the authority appointed by the governing authority of Marietta serving on July 1, 2006, shall serve until August 14, 2008, and until his or her successor is appointed and qualified. The member of the authority appointed by the governing authority of Smyrna shall begin serving on August 15, 2006, and shall serve until August 14, 2008, or until his or her successor is appointed and qualified. Thereafter, both the member of the authority appointed by Marietta and the member of the authority appointed by Smyrna shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms. The three members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of the 2011 amendment to this subsection shall serve until their successors are appointed and qualified and until the following dates: the member from unincorporated Cobb County shall serve until August 14, 2011; the member from Cobb Commission District 2 or 3, excluding residents of Marietta and Smyrna, shall serve until August 14, 2013; and the member from Cobb Commission District 1 or 4, excluding residents of Marietta and Smyrna, shall serve until August 14, 2014. Thereafter, the members of the authority appointed by the members of the General Assembly from Cobb County shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms.
(d)
The authority shall elect one of its members as chairperson and another as vice chairperson. The authority may also select a secretary and treasurer who need not necessarily be members of the authority. Except as otherwise provided in subsection (c) of this section, five members of the authority shall constitute a quorum. 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.
(e)
The members of the authority shall each be entitled to compensation for their services at the rate [as provided by law], payable monthly, except that the chairman shall be entitled to compensation for the chairman services at the rate [as provided by law], payable monthly. All such compensation payable by the authority shall be in addition to any compensation otherwise payable to any member of the authority by any municipality or county by virtue of any municipal or county elective office held by such member. All members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. No reimbursement or payment shall be made by the authority for travel, meal, or entertainment expenses for members of the authority unless on each occasion the incurring of such expenses for the same are approved in advance by the authority at one of its public meetings. The authority shall make rules and regulations for its own government. It shall have perpetual existence.
(1951 Ga. Laws (Act No. 319), page 497, § 2; 1965 Ga. Laws (Act No. 285), page 2762, § 1; 1967 Ga. Laws (Act No. 13), page 2051, § 1; 1984 Ga. Laws (Act No. 935), page 4345, § 1; 1986 Ga. Laws (Act No. 1312), page 5296, § 1; 1989 Ga. Laws (Act No. 279), page 4711, § 1; 1995 Ga. Laws (Act No. 183), page 4121, § 1; 2005 Ga. Laws (Act No. 195, page 3699, § 1; 2006 Ga. Laws (Act No. 742, page 4068, § 1; 2011 Ga. Laws, S.B. 254, § 1)