Bill Text: GA HB900 | 2009-2010 | Regular Session | Prefiled
Bill Title: Metropolitan Atlanta Rapid Transit Authority Act of 1965; Board of Directors; change composition
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-10 - House Second Readers [HB900 Detail]
Download: Georgia-2009-HB900-Prefiled.html
LC
34 2380
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of
1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to
change the composition of the Board of Directors; 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.
An
Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965,"
approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by
revising Section 6 as follows:
"SECTION
6.
Board of Directors.
Board of Directors.
(a)
The Board of Directors of the Authority shall be composed of
18
7
members.
Four
Two
members shall be residents of the City of Atlanta to be nominated by the Mayor
and elected by the City Council;
five
three
members shall be residents of DeKalb County to be appointed by the local
governing body thereof and at least one of such appointees shall be a resident
of that portion of DeKalb County lying south of the southernmost corporate
boundaries of the City of Decatur and at least one of such appointees shall be a
resident of that portion of DeKalb County lying north of the southernmost
corporate boundaries of the City of Decatur;
three
members
one
member shall be
residents
a
resident of Fulton County to be appointed
by the local governing body
thereof,
and at least one of such appointees shall be a resident of that portion of
Fulton County lying south of the corporate limits of the City of Atlanta and
that membership position held by a Fulton County resident, appointed by the
local governing body of that county, the term of which position expires December
31, 1988, shall, beginning on and after January 1, 1989, be filled by the local
governing body of Fulton County appointing
a person who is a resident of
that
portion of Fulton County
lying
north
but
not of the corporate limits of the City of
Atlanta;
one member shall be a resident of Clayton County to be appointed by the local
governing body thereof; and one member shall be a resident of Gwinnett County to
be appointed by the local governing body thereof. Four
members; and
one member, representing the State, shall
be as
follows: the Commissioner of the
Department of Transportation who shall be an ex officio
member; the
State Revenue Commissioner who shall be an ex officio member; the Executive
Director of the State Properties Commission who shall be an ex officio member;
and the Executive Director of the Georgia Regional Transportation Authority who
shall be an ex officio member.
The first
member who must be a resident of that portion of Fulton County lying south of
the corporate limits of the City of Atlanta shall be appointed by the governing
body of Fulton County to take office on July 1, 1985, for an initial term ending
December 31, 1986. The two members who are DeKalb County residents and appointed
by the governing authority thereof and who are added by this paragraph shall
each be appointed by the governing body of DeKalb County to take office on July
1, 1985, for an initial term ending December 31, 1986. After the initial terms
of those three members added to the Board in 1985,
that
The
governing body
which
appointed the
that appoints
a member
for that
initial term to that office shall appoint
successors thereto for terms of office of four years in the same manner that
such governing body makes its other appointments to the Board.
The
initial terms of the four members added in 1976 by the above paragraph shall be
as follows: the member from DeKalb County to be appointed by the local governing
body of DeKalb County shall be appointed no later than sixty days after the
effective date of this subsection for a term ending December 31, 1978, and shall
take office immediately upon appointment; the Commissioner of the Department of
Transportation, the State Revenue Commissioner and the Executive Director of the
State Properties Commission shall become members of the Board on the effective
date of this subsection and shall serve while holding their State
offices.
The
Executive Director of the Georgia Regional Transportation Authority shall become
a member of the Board on the effective date of this sentence and shall serve
while holding his or her State office.
Except
as provided above, all
All
appointments shall be for terms of four years except that a vacancy caused
otherwise than by expiration shall be filled for the unexpired portion thereof
by the local governing body
which
that
made the original appointment to the vacant
position,
or its successor in office. A member of the Board may be appointed to succeed
himself or herself
for one
four-year term. Appointments to fill
expiring terms shall be made by the local governing body prior to the expiration
of the term, but such appointments shall not be made more than thirty days prior
to the expiration of the term. Members appointed to the Board shall serve for
the terms of office specified in this section and until their respective
successors are appointed and qualified.
(b)
Having
initially declined membership on the Board and further participation in the
Authority, Cobb County may at any time reclaim its membership on the Board and
participate further in the Authority as provided in this subsection
(b). The local governing
body
bodies
of
Clayton,
Cobb, and
Gwinnett
County
Counties
may, any other provision of this Act to the contrary notwithstanding, negotiate,
enter into, and submit to the qualified voters of
Cobb
County
their
respective counties the question of
approval of a rapid transit contract between
Cobb
County
the county
submitting the question and the Authority,
all in accordance with the provisions of Section 24 of this Act. The local
governing
body
bodies
of Cobb
County
these
counties shall be authorized to execute
such rapid transit
contract
contracts
prior to the holding of the referendum provided for in said Section 24;
provided, however, that
any
such rapid transit contract shall not become valid and binding unless the same
is approved by a majority of those voting in said referendum, which approval
shall also be deemed approval of further participation in the Authority. Upon
approval of such rapid transit contract,
Cobb
County
the county
entering into such contract shall be a
participant in the Authority, and its rights and responsibilities shall, insofar
as possible, be the same as
if it had
participated in the Authority from its
beginning
those
belonging to Fulton and DeKalb Counties,
and the local governing body of
Cobb
County
the
county may then appoint two residents of
Cobb
County
the
county to the Board of Directors of the
Authority, to serve a term ending on the 31st day of December in the fourth full
year after the year in which the referendum approving said rapid transit
contract was held, in which event the Board of Directors of the Authority shall,
subsection (a) of this Section 6 to the contrary notwithstanding, be composed
also
of
16
such
additional members.
(c)
(Repealed, Ga. L. 1966, pp. 3264, 3265; See Note 2).
(d)
Except for the ex officio members of the Board, no person shall be appointed as
a member of the Board who holds any other public office or public employment
except an office in the reserves of the armed forces of the United States or the
National Guard; any member who accepts or enters upon any other public office or
public employment shall be disqualified thereby to serve as a
member.
(e)
A local governing body may remove any member of the Board appointed by it for
cause. No member shall be thus removed unless
he
the
member has been given a copy of the
charges
allegations
against him or
her and an opportunity to be publicly
heard in his
or
her own defense in person
with
or by counsel with at least ten days' written notice
to the
member. A member thus removed from office
shall have the right to a judicial review of
his
the
member's removal by an appeal to the
superior court of the county of the local governing body which appointed
him
the
member, but only on the ground of error of
law or abuse of discretion. In case of abandonment of
his
the
member's office, conviction of a crime
involving moral turpitude or a plea of nolo contendere thereto, removal from
office, or disqualification under subsection (d) hereof, the office of a member
shall be vacant upon the declaration of the Board. A member shall be deemed to
have abandoned
his
the
member's office upon failure to attend any
regular or special meeting of the Board for a period of four months without
excuse approved by a resolution of the Board, or upon removal of
his
the
member's residence from the territory of
the local governing body
which
that
appointed
him
the
member.
(f)
Each appointed member of the Board, except the Chairman, shall be paid by the
Authority a per diem allowance, in an amount equal to that provided by Code
Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or
as it may hereafter be amended, for each day on which that member attends an
official meeting of the Board, of any committee of the Board, or of the
Authority's Pension Committee, Board of Ethics, or Arts Council; provided,
however, that said per diem allowance shall not be paid to any such member for
more than 130 days in any one calendar year. If the Chairman of the Board is an
appointed member of the Board, the Chairman shall be paid by the Authority a per
diem allowance in the same amount for each day in which the Chairman engages in
official business of the Authority, including but not limited
to,
attendance of any of the aforesaid meetings. A member of the Board shall also
be reimbursed for actual expenses incurred by that member in the performance of
that
members
member's
duties as authorized by the Board. A Board member shall not be allowed employee
benefits authorized under Section 8(b).
(g)
The Board shall elect one of its members as chairman and another as
vice-chairman for terms to expire on December 31 of each year to preside at
meetings and perform such other duties as the Board may prescribe. The
presiding officer of the Board may continue to vote as any other member,
notwithstanding
his
the
member's duties as presiding officer, if
he
the
member so desires. The Board shall also
elect from its membership a secretary and a treasurer who shall serve terms
expiring on December 31 of each year. A member of the Board may hold only one
office on the Board at any one time.
(h)
The Board shall hold at least one meeting each month. The Secretary of the
Board shall give written notice to each member of the Board at least two days
prior to any called meeting that may be scheduled, and said Secretary shall be
informed of the call of such meeting sufficiently in advance so as to provide
for
his
the
giving
of
notice as above. A majority of the total membership of the Board, as it may
exist at the time, shall constitute a quorum. On any question presented, the
number of members present shall be recorded. By affirmative vote of a majority
of the members present, the Board may exercise all the powers and perform all
the duties of the Board, except as otherwise hereinafter provided or as limited
by its bylaws, and no vacancy on the original membership of the Board, or
thereafter, shall impair the power of the Board to act. All meetings of the
Board, its Executive Committee or any committee appointed by the Board shall be
subject to all provisions, except for Section 2(a), of an Act providing that all
meetings of certain public bodies shall be open to the public, approved March
28, 1972 (Ga. L. 1972, p. 575), as now or hereafter amended.
(i)
Notwithstanding any other provisions of this Act, the following actions by the
Board shall require the affirmative vote of one more than a majority of the
total membership of the Board as it may exist at the time:
(1)
The issuance and sale of revenue bonds as contemplated in Section 10 or
equipment trust certificates as contemplated in Section 11.
(2)
The purchase or lease of any privately owned system of transportation of
passengers for hire in its entirety, or any substantial part thereof, as
contemplated in Section 8(c) or 8(d). Prior to the purchase or lease of any
such privately owned system a public hearing pertaining thereto shall have been
held and notice of such public hearing shall have been advertised as provided in
Section 9(c)
hereof.
Provided;
provided, however, that no sum shall be
paid for such privately owned system of transportation in excess of the fair
market value thereof determined by a minimum of two appraisers
qualified to
appraise privately owned systems of
transportation and approved by a majority
of the local governments participating in the financing of such
purchase.
(3)
The award of any contract involving $100,000.00 or more for construction,
alterations, supplies, equipment, repairs, maintenance or services other than
professional services, or for the purchase, sale or lease of any property. The
Board by appropriate resolution may delegate to the general manager the general
or specific authority to enter into contracts involving less than $100,000.00 if
such contracts are entered into in accordance with Section 14 of this
Act.
(4)
The grant of any concession as contemplated in Section 14(f).
(5)
The award of any contract for the management of any Authority-owned property or
facility as contemplated in Section 14(h).
(j)
The Board shall appoint and employ, as needed, a general
manager,
and a general counsel, none of whom may be members of the Board or a relative of
a member of the Board, and delegate to them such authority as it may deem
appropriate. It may make such by-laws or rules and regulations as it may deem
appropriate for its own government, not inconsistent with this Act, including
the establishment of an Executive Committee to exercise such authority as its
by-laws may prescribe.
(k)
The treasurer of the Authority and such other members of the Board and such
other officers and employees of the Authority as the Board may determine shall
execute corporate surety bonds, conditioned upon the faithful performance of
their respective duties. A blanket form of surety bond may be used for this
purpose. Neither the obligation of the principal or the surety shall extend to
any loss sustained by the insolvency, failure or closing of any depository which
has been approved as a depository for public funds.
(l)(1)
In addition to the requirements of subsection (h) of this section, each member
of the Board shall hold a meeting once each 12 months with the local governing
body
which
that
appointed such member. The Secretary of the Board shall give written notice to
each member of the Board, to each local governing body, and to the governing
authority of each municipality in the county in which there is an existing or
proposed rail line at least two days prior to any meeting that may be scheduled,
and said Secretary shall be informed of the call of such meeting sufficiently in
advance so as to provide for his giving such notice. These meetings shall be
for the purpose of reporting to the local governing bodies on the operations of
the Authority and on the activities of the Board and making such information
available to the general public. No activity
which
that
requires action by the Board shall be initiated or undertaken at any meeting
conducted under this subsection.
(2)
The Board shall submit once each three months a written report on the operations
of the Authority and on the activities of the Board to each local governing body
which
that
appoints a member of the Board."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.