§ 5.1. Created; membership; terms; etc.

(a)

(1)

The board of lights and waterworks, hereinafter referred to as "board," is declared and created a body corporate with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it.

(2)

The board shall consist of:

(A)

The mayor of the city;

(B)

A member of the city council;

(C)

Three residents of the city;

(D)

One nonresident of the city who resides in Cobb County within the board's service district and who has received either electric, power, water, sewer, or telecommunications service from the board for at least one and one-half years; and

(E)

One member who resides in Cobb County who either:

(i)

Meets the qualifications set forth in subparagraph (D) of this paragraph; or

(ii)

Who is a business owner or employee of a business that has been, for at least one and one-half years, the recipient of electric, power, water, sewer, or telecommunications service from the board within the board's service district, but outside of the corporate limits of the city. If a business owner or employee, the business that said person owns or is employed by must continue to be a recipient of services from the board within the board's service district outside of the corporate limits of the city during the term served by such person, or such person shall immediately become ineligible to serve, and such person's seat on the board shall be deemed vacant.

(3)

The clerk of the city council shall be ex officio clerk of the board, but shall not be a member of the board and shall have such duties as the board may impose upon him or her, and he or she shall be allowed such compensation as the board may fix prior to entering upon his or her duties.

(4)

The members of the board, except for the mayor, shall be elected by a majority vote of the council and shall each serve for a term of four years, or a shorter term as may be specified by the council at the time of the appointment, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the unexpired term. The members of the board shall be paid such compensation as is set by the council.

(b)

(1)

The councilmember that serves on the board of lights and waterworks shall be appointed and serve as provided in paragraph (2) of this subsection.

(2)

For the first year of the council term, the councilmember shall be appointed by the mayor, with the consent of a majority of council, each January at either a special called meeting or a regular meeting. If the mayor should not appoint, with the consent of the council, a councilmember by January 31 of any year, the councilmembers may select the council appointment from the council by majority vote at the subsequent February council meeting, regular or special called, or successive meetings until the appointment is made. Said appointment shall run through December 31 of that year. For the second, third, and fourth years of the council term, the councilmember shall be appointed by the mayor for a one-year term running January 1 through December 31, with the consent of a majority of the councilmembers, in the December regular meeting before the appointment is effective in January. If the mayor should not appoint, with the consent of council, a councilmember by December 31, the councilmembers may select the council appointment from the council by majority vote at the subsequent January council meeting, regular or special called, or successive meetings until the appointment is made.

(c)

The board of lights and waterworks shall have a chairperson, a vice chairperson, a general manager, and a clerk. The chairperson shall preside at all meetings of the board, shall set the agenda, and, together with the clerk, shall execute all documents in the name of such board. The chairperson shall have the right to participate in meetings and vote. The vice chairperson shall preside in the absence of the chairperson and otherwise perform the duties of the chairperson in the chairperson's absence or inability to perform such duties. The vice chairperson shall be elected annually by the board members from their number at the first meeting of the calendar year. The mayor of the City of Marietta shall serve ex officio as chairperson of the board with the right to participate in meetings and vote, and the clerk of the City of Marietta shall serve ex officio as clerk and secretary of the board without the right to participate in meetings and vote as determined by a majority of the board. The general manager shall be hired by the city manager of the City of Marietta and may be terminated by the city manager, either of which actions is subject to the approval of the board. The general manager shall report to and coordinate with the city manager concerning all shared departments and functions. The general manager may attend and participate in meetings of the board, but shall have no vote.

(Ga. L. 1977, p. 3541, Sec. 5.1, as amended by Ga. L. 1979, p. 4698; Ord. No. 3600, 6/13/79, Sec. 1; Ord. No. 3657, 2/13/80, Sec. 1; Ga. L. 1982, p. 4561, Sec. 4; Ga. L. 1989, p. 4583, Sec. 4; Ord. No. 4728, 9/13/89, Sec. 3; Ga. L. 1994, p. 4267, Sec. 3; Ord. No. 5265, 3/9/94, Sec. 1; Ord. No. 6239, 5/9/2001, Sec. 1; Ord. No. 6271, 8/8/2001, Sec. 1; Ord. No. 6887, 12/14/2005, Sec. 1; Act No. 147, HB 577, Sec. 1, 5/4/2017)

Editor's note

Ord. No. 3600, 6/13/79, Ord. No. 3657, 2/13/80, and Ord. No. 4728, 9/13/89, were enacted under the city's home rule powers; each ordinance struck the former wording of the section in its entirety. Ga. L. 1982, p. 4561 also struck the wording of the existing section in its entirety and reconstructed the board as set out above. The 1989 act reestablished nonresident membership on the board. Ord. No. 4728 9/13/89, is recorded at Ga. L. 1990, p. 5492.