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HomeMy WebLinkAboutCONSOLIDATION BILL / Office Of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - Augusta, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 March 24, 2000 This is to certify that, the City of Augusta and Richmond County were consolidated effective January 1, 1996, by the passage of the Consolidation Bill by the Legislature of the State of Georgia. ~ . t&# ~---t / L a J. B er Clerk of Commission LC 9 84065, Howard 0 f the 11 B th and Hart of the 116 th 0 f fer c:he following substitute to HB 805: A BILL TO BE ENTITLED AN ACT 1 2 3 4 S 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 To provide that the governing authority of Richmond Counc:y shall be a board of commissioners consisting of a chairperson-mayor and ten members; to designate the board as the Augusta-R~chmond County Commission-Council and the members of the board as commissioners-councilpersons; to provide that the commission-council shall exercise the rights, powers, and duties as the govern~ng authority of Richmond County with both county and municipal powers; to provide for the election of the chairperson-mayor and the members of the commission-council; to 'provide for commission-council d~stricts; to provide for the members of the board of comm~ssioners of Richmond County and the mayor and counc~lmembers of the City of Augusta and, if a certain Act is approved in' a referendum, the board of comm~ssioners of the City of Hephzibah; to provide for qualifications of 'the chairperson-mayor and commissioners-councilpersons; to provide for terms of office; to provide that the chairperson-maY9r shall be the chief executive officer of the Augusta-Richmond County Commission-Council; to 'provide for compensation for the chairperson-mayor, the vice chairperson-mayor pro tempore, and the other.members of the commission-council; to provide far the executive and administrative powers and duties of the chairperson-mayor; to provide for filling vacancies; to provide for a vice chairperson-mayor pro tempore; to provide for a quorum; to provide far the payment of bonded indebtedness of Richmond County and the City of Augusta and, if a certain Act is approved in a referendum, the City of Hephzibah; to create an Urban Services District or Districts and a Suburban Se~rices District; to provide that such districts shall continue in existence until the commission-council modifies or abolishes such dis~ricts by ordinance; to provide for the continuation of existing ordinances and resolutions of the board 0 f commiss ioners 0 E Richmond Count:y and 0 E cities therein; to provide Eor a budget and tax levy by the board of commiss ioners 0 f Richmond County and the governing authorities oE certain cities therein for the 1996 calendar 23 24 2S 26 27 28 29 30 31 ]2 33 ]4 3S 36 37 22 23 24 2S 26 27 28 29 31 J2 33 34 3S 37 38 39 40 H 42 43 44 45 46 47 49 50 51 52 54 56 3 4 5 6 7 .S 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 , 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3S 39 40. 41 42 43 44 45 46 LC 9 84065 1 year; to provide that tax assessments made by the board of 57 tax assessors of Richmond County and certain cities therein S8 shall constitute the basis for the assessment and collection of taxes of the commission-council for the 1996 calendar 59 year; to provide that the tax levy in 1996 for certain 61 Cities Shall be levied by the commission-council only within 62 certain Urban Services Districts; to provide for the 63 creation of special services tax districts; to provide that ad valorem taxes and service charges and fees shall be 64 collected according to the kind, character, type, and degree 65 of district services provided by the commiSSion-council 66 within such special services tax districts; to provide for 67 amendments to the budget for the 1996 calendar year; to 68 provide that any special services district existing in 69 Richmond County or in certain cities therein prior to 1996 70 shall continue to exist until modified or abolished by the 71 commission-council; to provide for the retention of pension 72 rights; to provide that this Act shall not result in and 73 shall not be implemented to result in the termination of any employees of Richmond County or certain cities therein; to i4 provide that the sheriff of Richmond County shall be the 76 chief law enforcement officer in Richmond County; to provide 7i for the utili~ation of faCilities, equipment, vehicles, records, and personnel of the former city police departments 78 and the Richmond County Sheriff's Department; to provide SO that the chief of the Augusta Fire Department shall be the 81 chief firefighter throughout Richmond County; to provide for the utilization 0 f facilities, equipment, vehicles, records, B2 and personnel of city fire departments and the Richmond B3 County Fire Department; to provide for departments, 84 agencies, commissions, authorities, and other entities and the heads, members, and personnel thereof; to provide for 85 the Municipal Court of the City of Augusta and the continued 86. existence and jurisdiction thereof; to provide for a law 87 departmenti to provide for equal opportunities for B9 employment and promotion to all persons regardless of race, 90 sex, religion, creed, color, or national origin; to provide for minority economic development and business; to provide 91 for construction of certain Acts; to create a transition 92 task force; to provide for the duties and responsibilities 93 of the transition task force and the board of commissioners 94 of Richmond County and the governing authorities of cities 95 therein; to provide for cooperation of all officers, officials, and employees of Richmond County and the City of 98 Augusta and the City of Hephzibah with the transition task 99 for:=e; to prov.ide for the examination of all records, files, 100 2 -2- LC 9 84065 I. and other data of Richmond County and the City of Augusta 101 2 and the City of Hephzibah by the transition task force; to 102 3 provide that the transition task force shall be auth~rized 103 4 to receive and expend' appropriations from the board of 104 5 commissioners of RiChmond County and from the mayor and city 105 6 council of Augusta and the board of commissioners of the 106 7 City of Hephzibah; to provide that members of the transition 107 8 task force shall receive no compensation for their services 9 as such members; to provide for other matters relative to 109 10 the foregoing; to provide for the conditions under which 110 11 this Act shall become effective; to provide for a 111 12 referendum; to provide. for conditional and other effective 13 dates; to repeal conflicting laws; and for other purposes. 11] 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 116 15 PART I 118 16 SECTION 1. 120 17 The governing authority of RiChmond County shall be a board 123 18 of commissioners of said county. Said board is designated 19 as the Augusta-Richmond County Commission-Council, referred 124 20 to in this Act as the "commission-council." The chief 125 21 executive officer of said board is designated and referred 127 22 to in this Act as the "chairperson-mayor" and the other 23 members of said board are designated and referred to in this 129 24 Act as "commissioners-councilpersons." The board shall 130 25 cons ist of a chairperson-mayor and ten 131 26 commissioners-councilpersons. The commission-council shall 132 27 exercise and be subject to all of the rights, powers, 13] 28 duties, and obligations imposed by this Act or previously 134 29 applicable to the governing authorities of the City of. ]0 Augusta and Richmond County, and the City of Hephzibah if 1]5 ]1 consolidated with the government of Richmond. County as 136 ]2 authorized by th~s Act, and to any general laws, local law, 137 33 or constitutional provisions applicable or effective within L38 ]4 the former City of Augusta, the former City of Hephzibah if 139 ]5 consolidated with the government of Richmond County as 140 ]6 authorized by this Act, and Richmond County. The 37 commission-council shall constitute a county as well as a 142 38 municipality for the purpose of the application of the 39 general laws and Constitution of this state. The 143 40 consolidated government shall have a municipal form of 144 41 government. The commission-council may exercise the powers 145 42 vested in the governing authority of the municipalic:y or 43 municipalities and municipalities generally as well as the 146 -3- LC 9 84065 1 powers vested in the former governing authority of the 148 2 c:ounty and counties generally. 3 SECTION 2. 150 4 (a) (1) For the purpose of electing members of the 152 5 commission-council, Richmond County is divided into ten 153 6 commission-council districts as follows: 7 Commission-Council District: 1 155 8 RICHMOND COUNTY 156 9 VTD: 0001 1 157 10 VTD: 0002 lA 158 11 VTD: 0003 2 (Part) 159 12 Tract: 0007. 160 13 Block(s): 112, 113, 114, 115, 117, 118, 125, 161 14 126, 128, 129, 201, 202, 203, 204, 205, 206, 163 15. 207, 208, 209, 210, 211, 212, 213, 214, 215, 164 16 216, 217, 218, 219, 220, 221, 222, 301, 302, 17 303, 304, 305, 306, 307, 308, 309, 310, 311, 165 18 312, 313, 314, 315, 316, 317, 319, 320, 323, 166 19 324, 40i, 402, 403, 404, 405, 406, 407, 408, 167 20 409, 410, 411, 412, 413, 414, 415, 416, 417, 21 419, 420, 421, 422 1,68 22 Tract: 0009. 169 23 Block( s) : 101, 102, 103, 201, 202, 301, 302, 170 24 303, 304, 305, 306, 307, 308, 309, 310, 401, 172 25 404, 405, 406, 407 26 Tract: 0015. 173 2.7 Block(s): lOLA, 103, 307, 308, 309 174 28 Tract: 0106. 175 29 Block(s): 902A, 902B, 902C, 906A, 906B, 907, 176 30 915A, 915B, 917, 918, 919, 920A 177 31 VTD: 0004 2A 178 J2 VTD: 0012 5 179 33 VTD: 0013 SA 180 34 VTD: 0019 7 (Part) 181 35 Tract: 0001. 182 36 Bloc:k( s) : 209, 210, 211, 302, 303, 304, 305, 183 37 409, 410, 413 38 V'I'D : 0020 7A 184 39 V'I'D : 0021 8 (Part) 185 40 Tract: 0001- 186 41 Block(s): 415. 501, 502, 505, 506, 507, 508, 187 ',42 509, 511, 512, S16A, 516B IBB 43 VTD: 0022 8A ( Part) 189 44 Tract: 0016. 190 LC 9. 84065 1 Block( s) : 103, 104, 105, 106, 107, 108, 109, 191 2 110, 219A, 233 3 VTD: 0026 85-1 192 4 Commission-Council District: 2 193 S RICHMOND COUNTY 194 6 VTD: 0003 2 (Part) 195 7 Tract: 0009. 196 8 Block( s) : 402, 403, 408, 409, 501, 502, 503, 197 9 504, 505, 506,507, 508, 509, 510, 511, 601, 605 199 10 VTD: 0005 3 (Part) 200 11 Trac t : 0009. 201 12 Block( s) : 602, '606, 607, 608, 609, 610, 612, 613 202 13 Tract: 0010. 203 14 Block( s) : 122, 201, 202, 203, 204, 205, 206, 204 15 207, 208, 209, ' 305, 306, .307, 308, 309, 310, . 206 16 311, 312, 313, 314, 315, 316, 419, 420, 422, 207 17 423, 430, 431, 432, 433, 434, 435, 440, 441, 444 18 VTD: 0008 4 208 19 VTD: 0009 4A 209 20 VTD: 0010 4B 210 21 VTD: 0011 4C 211 22 VTD: 0014 5B 212 23 VTD: 0027 85-2 213 24 VTD: 0029 85-3 214 25 VTD: 0039 88-1 215. 26 VTD: 0042 98-4 216 27 VTD: 0044 88-6 217 29 Commission-Council District: 3 218 29 RICHMOND COUNTY 219 30 VTD: 0005 3 (Part) 220 31 Trac't: 0010. 221 32 Block( s) : 406, 415, 416, 417, 418, 428, 429, 222 ]3 436, 437, 438, 439, H2 223 ]4 VTD: 0015 6 (Part) 224 ]5 Tract: 001l. 225 36 Block( s) : 106, 107, 108, 109, 110, 111, 112, 226 37 113, 114, 115, 116, 117, 118, 201, 202, 203, 228 ]8 204, 205, 206 39 Tract: 0012. 229 40 Block( s) : 101, 102, 103, 104, 105, 106, 107, 230 H 108, i09, 110, Lil, 512, 513 2]2 42 V"I'D: 0017 68 233 43 VTD: 0019 7 (Part) 234 44 Tract. : 0001. 235 -5- LC 9 84065 1 BlOCk( 5) : 201, 202, 203, 204, 205, 206, 207, 236 2 208, 212, 213, 301, 411, 412 238 3 Tract: 0002. 239 4 Block (-5 ) : 301, 302, 303, 304, 305, 306, 307, 240 5 308, 309, 310, 311 6 Tract: 0011. 241 7 Block( 5) : 101, 102, 103, 104, 105{ 209, 210, 242 8 211, 212, 213, 214, 215, 216, 217, 301, 302, 244 9 303, 310, 311, 312, 315 10 VTD: 0021 B (Part) 245 11 Tract: 0001. 246 12 Block( s) : 414 247 13 Tract: 0011. 248 14 Block( 5) : 304, 305, 306, 307, 308, 309, 313, 249 15 314, 316, 317, 318, 319, 320, 321 251 16 Tract: 0012. 252 17 Block( 5) : 60S, 606, 607,608 253 18 VTD: 0022 SA (Part) 254 19 Tract: 0011. 255 20 Block(s): 207, 208 256 21 Tract: 0012. 257 22 Block( s) : 601, 602/ 603, 604, 609/ 610, 611, 258 23 612, 613, 614/ 615, 901E 259 24 Tract: 0016. 260 25 Block( 5) : 101, 102, Ill, 112/ 113, 114, 115, 261 26 116, 117, 118, 119, 202A, 2Q5, 206, 207A, 208A, 263 27 209, 212, 213A, 215, 216, 217, 218, 226A, 227A 264 28 VTD: 0046 89-1 265 29 VTD: 0051 89-6 266 30 VTD: 0055 89-10 267 31 VTD: 0058 90-3 268 32 VTD: 0060 90-5 (Part) 259 33 Tract: 0016. 270 34 Block( s) : 301, 317, 318, 324, 327, 501, 502, 271 35 503B, 504, 513, 515, 516, 517, 901B, 901C 273 36 Tract: 0101. 05 274 37 Block( S) : 525/ 526, 527, 528/ 529, 530, 531, 532 275 38 Tract: 0102.01 276 39 Block(S'): 402, 404, 418/ 419/ 420, 421, 422, 277 40 430, 431 41 Tract: 0102.03 278 42 Block(s):, 401, 402, 403 279 43 Tract: 0102.04 280 44 Block(s) : 701, 702, 703, 704, 705, 706, 707, 281 45 708, 709, 710, 711, 901, 902, 903, 904, 905 283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Jl 32 33 34 35 36 37 38 39 40 41 42 43 44 LC 9. 94065 Commission-Council District: 4 RICHMOND COUNTY lITO: 0031 86-3 (Part) Tract: 0107.05 Block( s): 101, 102, 103, 105, 106, 107, 108, 109 IITD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 13'4, 135, 136,' 1.37, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150,151, 152, 153, 154 Tract: 0108. Block( s): 901F lITO: 0049 89-4 lITO: 0053 89-B Commission-Council District: 5 RICHMOND COUNTY 'nO: 0006 3A lITO: 0007 3B lITO: 0015 6 (Part) Tract: 0012. Block(s): 112, 113,201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 90lA Tract: 00113. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A IJTD: 0016 6A VTD: 0018 6C lITO: 00218 (Part) Tract: 0012. Block(s): 402, 616 lITO: 0023 8B IITD: 0024 8e VTO: 0040 88-2 'ITO: 004188-3 VTD: 0043 88-5 'nD: 004 5 88 - 7 V'I'D: 0047 89-2 -7- 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 310 311 312 313 31-4 315 316 317- 318 319 320 321 322 323 ". 3 2 4 LC 9 84065 1 VTD: 0052 89-7 2 Commission-Council District: 6 3 RICHMOND COUNTY 4 VTD: 0030 86-2 (Part) 5 Tract: 0105.10 6 Block(s): 401 7 VTD: 0031 86-3 (Part) 8 Tract: 0107.05 9 Block(s): 201, 202,' 203, 204, 205, 206, 10 208,209,210,211,212, 21-3, 214, 215, 11 217, 218, 219, 220, 221,222.,223,224, 12226, 227, 228, 229, 230, 231, 232, 233, 13 235, 236, 237, 238, 244, 245, 246, 247 14 VTD: 0032 86-4 (Part) 15 Tract: 0107.04 16 Block(s): 102, 104, lOS, 106, 107,108, 17 110, 111, 112, 113, 114, 115, 116, 117, 18 119, 120, 121, 122, 123, 124, 125, 126, 19 128, 129, 130, 131, 132, 133, 134,135, 20 137, 138, 139, 140, HI, 142, 143, 144, 21 146, 147, 155, 156, 157, 158, 159, 160, 22 162, 163 23 VTD: 0035 86-7 24 VTD: 0036 86-8 (Part) 25 Trac~: 0107.06 26 Block(s): 106, 107, 108, 109,203,204, 27 206,207,208,209,210, 211, 212, 213, 28 215, 216, 217, 218, 219, 220, 301, 302, 29 304, 305, 306 30 . VTD: 0050 89-5 31 VTD: 0063 FG1 32VTD: 0064 FG2 33 VTD: 0066 FG4 34 VTD: 0067 FG5 35 VTD: 0068 FG6 36 Commission-Council District: 7 37 38 ]9 40 .. 1 42 4.3 44 RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 325 326 327 328 329 330 331 332 207, 333 216, 335 225, 336 234, 337 338 339 109, 340 118, 342 127, 343 136, 145, 344 161, 345 346 347 348 205, 349 214, 351 303, 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3J 34 35. 36 37 38 39 40 41 LC 9 84065 and 5 as each is described in detail above by Tract, Block, and VTD. Commission-Council District: 10 A combination of Commission-Council Districts 3, 6, 7, and 8 as each is described in detail above by Tract, Block, and VTD. (2) For purposes of this subsection: (A) The terms "Tract," "Block," and "VTD" shall mean anu describe lhe same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term "Precinct" .voting precinct" and designated by Article 7 of the a.C.G.A., within polling place; is synonymous with the term means a geographical area of Chapter 2 or 3 of Title 21 which all electors vote at one (C) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commission-council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the Uni,ted States decennial census of 1990 for the State of Georgia shall control; (D) Any part of Richmond County which is not included in any commission-council district described in this subsection shall be included within. that commission-council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the 5tate of Georgia; and (E) Any part of Richmond County which is descri~ed in this subsection as being included in a particular commission-council district shall nevertheless not be included within such commission-council district if such part is not contiguous to such commlss ion-council district. Such noncontiguous part shall instead be included within that commission-council district contiguo~5 to such part which contains the least -10- 412 413 415 416 H8 420 422 423 425 427 428 430 431 432 433 434 435 437 438 439 440 441 443 444 445 446 447 448 LC 9 84065 1 2 population according to the United States decennial census of 1990 for the 5tate of Georgia. 449 3 4 5 6 7 8 (b) All members of the commission-council shall be full voting members of the commission-council. The chairperson-mayor shall be a member of the commission-council. Except as otherwise provided in this Act, the chairperson-mayor shall nave the right to vote only to make or break a t~e vote on any matter. 451 452 453 454 455 9 (c) No person shall be eligible to serre as a 457 10 commissioner-councilperson unless he or she: (1) has been 458 11 a resident of the con.unission-council district from which 459 12 elected for a period of one year immediately prior to the 460 13 date of the election; (2) continues to reside within the 461 14 commission-council district from .....hich elected during his 462 15 or her term of office; (3) is a registered and qualified 16 elector of Richmond County; and (4) meets the 463 17 qualification standards required for members of the 464 18 GeorgJ.a Ciouse of Representatives as are now or may in the 465 19 future be prescribed by the Georgia Constitution. No 20 person who has served two consecutive full four-year terms 466 21 of office as commissioner-councilperson shall again be 467 22 eligible to hold office as commissioner-council person 468 23 until after the expiration of four years from the 24 conclusion of that person's last term of office as 469 25 commlssioner-councilperson. (d) No person shall be eligible to serve as chairperson-mayor unless he or she ( 1 ) has been a resident of the county for a period of one year immediately prior to the date of the election; (2 ) continues to reside 40 (e) The chairperson-mayor shall be paid an annual salarf 483 4L of $65,000.00, the 'rice chairperson-mayor pro tempore 484 42 shall be paid an annual salary of $20,000.00, and each of 485 43 the other commission-council members shall be paid an 44 annual salary of 512;000.00. Future changes in the salary 488 -11- 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 LC 9 8406S 1 2 3 and expenses of such persons shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. 4 SECTION 3. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (al Those' members of the board of commissioners of RiChmond County, the mayor and those members of the city council of the City of Augusta, and the members of the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, who are serving as such on the date the implementation of this. Act is permissible under the federal Voting Rights Act of 1965, as amended, shall continue to serve as such members and officials until December 31, 1995. On and after the date all requirements for the implementation of this Act have been met and the implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, no further elections shall be conducted to elect members of the board of commissioners of Richmond County and the mayor and members of the city council of the City of Augusta, and the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, and all elections for the' members of the commission-council shall be conducted pursuant to this Act. Such members of the board of commissioners of Richmond County and the mayor and members of the city council of the City of Augusta, and the board of commissioners of the City of Heph::ibah if such city is consolidated with Richmond County as authorized by this Act, shall continue to receive the compensation to which they were entitled pursuant to local law or Code Section 36-35-4 of the O.C.G.A. until December 31, 1995. (b) (1) .One initial member of the commission-council shall be elected to represent each commission-council district in a special nonpartisan election, without a special primary, to be held on the Tuesday after the first Monday in November, 1995. Members elected in such special election shall take office on the first day of January immediately following their election. The member elected in each odd-numbered comm~ssion-council district shall have an initial term of years and until a successor is elected and office of two qualified and eve n - numbered -che member elect.ed in each commission-council district shall have an initial term of office of four years and until a successor is elected 489 490 493 496 497 498 499 500 501 502 504 50S 506 507 508 510 511 512 513 514 515 516 518 519 520 521 522 523 524 525 526 5~- " I 528 529 1 2 ] 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 LC 9 8406S and qualified. Candidates in such special election shall not be listed on the ballot according to political party affiliation; and such special election shall be conducted ob a nonpartisan basis, without a special primarI, and by plurality vote as provided in this section. Thereafter, successors to members of the commission-council shall be elected at a general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of their respective terms of office, shall be nominated and elected by plurality vote as provided in this section, shall take office on the first day of Januarf Uroffiediately following the date af their election, and shall have terms of office of four years and until their respective successors are elected and qualified. Each member of the commission-council shall be elected by the el"ectors residing within commission-council district. such member's 5]0 531 5]2 5]3 534 S35 536 S]7 5]8 S39 540 541 542 543 544 546 547 21 (c) The initial chairperson-:-mayor shall be elected Ul.- a 549 22 special nonpartisan election, without a special primary, 550 23 to be held' on the Tuesday after the first Monday in 551 24 November, 1995. Candidates in such special election shall 552 25 not be listed on the ballot according to political party 553 26 affiliation; and such special election shall be conducted 554 27 on a nonpartisan basis, '",ithout a special prima~f, and by 28 plurality 'Tote as provided in this section. The person 555 29 elected as chairperson-mayor at such special election 556 ]0 shall take office on January 1, 1996, for an initial term 557 31 of office expiring on December 31, 1998, and until a 558 32 successor is elected and qualified. Thereafter, each 559 33 successor to the office of chairperson-mayor shall be 560 34 elected at a general election to be held on the Tuesday 35 following the first Monday in November immediately 561 ]6 preceding the expiration of a term of office, shall be 562 37 nominated and elected by plurality vote as provided in 563 ]8 this section, shall take office on the' first day of 564 39 January immediately following the date of the election, 565 40 and 'shall have a term of office of four years and until a 566 41 successor is elected and qualified. The chairperson-mayor 42 shall be elected on a county-wide basis by the elecc:ars of 567 4] "the entire county. 56B (2) The vice chairperson-mayor pro tempore shall be a member of the commission-council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1-6 17 18 19 20 21 22 23 24. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 LC 9,84065 (d)(l) Except as otherwise provided in this section, all primaries and elections for the chairperson-mayor and members of the commission-council shall be in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A. , known as the "Georgia Municipal Election Code, " as now or hereafter amended. All primaries and elections for such offices shall be conducted on a nonpartisan basis and candidates in any such primary or election shall not be listed on the ballot according to party affiliation. Any person who is a registered voter of Richmond County shall be eligible to vote in any election under this section. (2) As used in this paragraph, the term "plurality" means the receipt by one candidate alone of the highest number of votes cast in a primary or election among the candidates for the same office provided that such candidate receives at least 45 percent of the total number of votes cast in such primary or election for such office. If two or more candidates tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total number of votes cast far the office sought, there is no plurality. If no candidate receives a plurality of the votes cast in any such primary or election, there shall be a run-off primary or a run-off election which shall be called and conducted in the manner provided in Code Section 21-3-407 of the O.C.G.A. SECTION 4. (a) (1) The chairperson-mayor shall be the chief executive officer of Richmond County and the City of Augusta. The chairperson-mayor shall possess and exercise the following executive and administrative powers and duties: (A) To preside all . at meetings of the commission-council; (B) To serve as the official head of Richmond CGlunty and the City of Augusta for the service of process and for ceremonial pUrposes; (Cl To administer oaths and to take affidavits; (0) To sign all written contracts entered into by the commission-council on behalf of Richmond County and the City of Augusta and all other contracts and 570 571 572 573 574 575 576 577 578 579 581 582 583 584 585 586 587 588 589 591 592 593 594 597 6DO 601 602 604 606 607 609 611 612 613 LC9 84065 1 2 instruments executed by the county and city which by law are required to' be in writing; 3 4 5 (1::) To ensure tha t all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faitfrfully executed; and 6 7 8 (F) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council. 9' 10 11 (2) The chairperson-mayor shall not be empowered to veto ordinances, resolutions, or ather actions of the commission-council~ 12 13 14 lS 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The members of the commission-council shall elect a vice chairperson-mayor pro tempore at their first regular meeting in J anua~l , 1996 , and at such mee ting in eac h year thereafter. The vice chairperson-mayor pro tempore shall preside at commission-council meetings in the absence of the chairperson-mayor and perform such other duties as may be entrusted to the of,fice of the vice chairperson-mayor pro tempore by action of the commission-council. The vice chairp~rson-mayor pro tempore shall continue to be a full voting member of the commission-council when serving in the capacity of vice chairperson-mayor pro tempore. No person who has served two consecutive full one-year terms of office as vice chairperson-mayor pro tempore shall again be eligible to hold office as vice chairperson-mayor pro tempore until after the expiration of one year from the conclusion of that person's last term of office as vice chairperson-mayor pro tempore, 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (C) At its first regular meeting in January of each even-numbered year, the commission-council shall organize itself. The chairperson-mayor and the vice chairperson-mayor pro tempore shall recommend to the commission-council the appointment of such committees as they deem appropriate and the proposed membership thereof, If the ,chairperson-mayor and the vice chairperson-mayor pro tempore disagree on proposed appointments, the commission-council shall determine such appointments. All committees and the membership thereof shall be created, abolished, and appointed as directed by the commission-council. The chairperson-mayor shall not have the right co voce on the appointment of any member to a committee, The chairperson-mayor shall not be a 'foting member of committee established by any -LS- 614 616 617 619 620 622 623 625 627 629 630 632 533 635 636 637 638 639 640 641 643 644 646 647 648 649 650 652 653 654 the 655 656 LC 9 84065 1 2 commission-council and appointed chairperson-mayor pro tempore. by the vice 3 SECTION 5. 659 4 (al A vacancy which occurs in the office of the 661 5 chairperson-mayor or in the membership of the 662 6 commission-council by death, reSignation; removal from the 663 7 commission-council district, or for any other reason shall 664 8 be filled by the remaining members of the commission-council 665 9 appointing a qualified person to serve for the unexpired 656 10 term, unless the unexpired term exceeds 28 calendar months, 66i 11 in which event, the commission-council shall appoint a 12 qualified person to serve until a successor is elected to 668 13 serve far the unexpired term,as provided in this subsection. 669 14 When the unexpired term exceeds 28 calendar months, a 670 15 special election shall be held in the county in the case of 671 16 the chairperson-mayor or in the commission-council district 672 17 in which the vacancy occurred on the same date as the next 18 succeeding general election to elect a successor for the 673 19 unexpired term. Any such special election shall be called, 674 20 held, and conducted in accordance with the applicable 21 provisions of Chapter 3 of ,Title 21 o~the' O.C.G.A., known 675 22 as the "Georgia MuniCipal Election Code." 676 23 (b) No person shall fill a vacancy for an unexpired term by 678 24 appointment of the commission-council unless that person 679 25 receives a majority of the votes of the full 680 26 commission-council. 27 (C) In the event the office of vice chairperson-mayor pro 683 28 tempore becomes vacant for any reason, the 684 29 commission~council by a majority vote of its full membership 685 30 shall elect from among its members a successor who shall 686 31 serve as such until the first meeting in January immediately 587 32 following the creation of such vacancy, at which time a 688 33 successor shall be elected. 34 SECTION 6. 691 35 Seven members of the commission-council shall constitute a 693 36 quorum for the transaction of ordinary business, and an 694 37 , affirmative vote of at least six members shall be required 695 38 for the commission-council co take action. Official action 696 39 of the commission-council shall be entered upon its minutes. 40 Any member of the commission-council shall have the right to 697 41 request a roll-call vote. -16- 2 3 ol S 6 7 8 9 10 11 12 13 14 15 16 17 18 LC 9 84065 1 SECTION 7. (al The bonded indebtedness of the City of Augusta which is oucstanding on January 1, 1996, shall become the debt and obligation of ~ special tax district wh~ch shall correspond to and be conterminous with the corporate limits of the City of Augus ta as said corporate limits existed on December 31;, 1995. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1996, to ret~re such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and c:o the same extent that such ad valorem' taxes were ,pr~viously imposed by the City of hugusta in accordance with the terms of the obligaeions of such banded, indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be ehe successor to the previously existing governing authority of the City of Augusta for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. 19 21> 21 22 23 H 25 26 (b) The bonded indebtedness of Richmond County outstanding on Janua~f 1, 1996, shall not be affected by this Act, and the comm~ssion-council, as the govern~ng authority of Richmond County, shall became the successor to the previously existing governing authority of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondho lders . 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (c) The bonded indebtedness of the City of Hephzibah which is outstanding on January 1, 1996, shall become the debt and obligaeion of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Hephzibah as said corporate limits ex~sted on December 31, 1995. The ad valorem taxes imposed by the City of Heph4ibah prior to Janua~l 1, 1996, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Hephzibah in accordance with the terms of the obligations of such bonded indebtedn~ss. The commission-council, as the governing authority of the City of Mephzibah, shall be the successor to the previously existing governing authoric:y of the City of Hephzibah Eor all purposes relating to such bonded i.ndebtedness, including the enforcemenc: of rights and remedies of bondholders, The provisions of this subsec~ion d~ ,4 -\ J -\4 700 703 704 70S 706 707 708 709 710 711 712 713 7H itS 716 718 719 720 721 722 723 726 727 728 730 731 732 733 734 735 737 738 739 740 741 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 LC 9 84065 1 2 3 4 5 6 shall not become effective unless the Act providing for a reorganized government in Richmond County and providing for the repeal of the charter of the City of Hephzibah is approved in a referendum by a majority of the voters voting within the City o~ Hephzibah and this Act is approved in the referendum provided for in Section 18 of this Act., 7 SECTION 8. (a)(l)(A) There is created an Urban S~rvices District to be known as Urban Services District A which shall correspond to and be conterminous with the corporate limits of the City of Augusta. as said corporate limits existed on December 31, 1995. (E) Any public funds on deposit or invested in certificates of deposit in the name of the City of Augusta on December 31, 1995, shall accrue to Urban Services District A and shall be utilized exclusively for the benefit of citizens residing in Urban Services District A. (2)(A) If the repeal of the city charter of the City of Hephzibah is approved in a referendum by a majority of the voters voting within the City of Hephzibah and this Act is approved in the referendum'provided for in Section 18 of this Act, there is created an Urban Services District to be known as Urban Services District H which shall correspond to and be conterminous with the corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995. (E) Any public funds on deposit or invested in certificates 'of deposit in the name of the City of He,phzibah on December J 1, 1995, shall accrue to Urban Services District H and shall be utilized exclusively for the benefit of citizens residing in Urban Services District H. (b) (1) There is created which shall 'correspond to area of Richmond County corporate limits of the a Suburban Services District and be conterminous which was not with within the the City of Augusta as said December 31, 1995, and, if is repealed as provided in which was not within the Corporate limits existed on the charter of Hephzibah Section 18 of this Act, corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995. -18- 742 743 744 745 746 749 751 753 754 756 757 758 759 760 762 763 764 765 767 768 770 iil 772 773 775 776 777 778 779, 780 781 21 22 23 24 25 26 27 28 LC 9 840GS 1 2 3 4 5 6 7 (2) Any public funds on deposit or invested in certificates of deposit in the name of Richmond County on December 31, 1995, shall accrue to the Suburban Services D~strict and shall be utilized exclusively for the benefit of citizens residing in the Suburban Services District and the Urban Services District or Districts. 8 9 10 11 12 13 14 (C) The Water and Sewage Sinking Fund, the Airport Sinking Fund, and the AlrportSinking Fund No. 2 shall accrue to the benefit of the citizens 'residing in the Urban Se~rices District or Districts and the- Suburban Services District. These sinking funds are to be retired as provided in the anticipated revenue certificates and are not considered bonded indebtedness of the City of Augusta. 15 l6 17 18 19 (d) Urban Se~rices District A, Urban Services District H (if created), and the Suburban Services District created by this section shall continue in existence until the commission-council modifies or abolishes such districts by ordinance duly adopted by the commission-council. 20 SECTION 9. (a) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council and, as ruies and regulations of the appropriate department or agency thereof until they are modified or repealed. 29 ' 30 31 32 33 34 35 36 37 (b) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1996, throughout the territorial limits of Richmond County shall continue to be effective throughout the territorial limits of Richmond County until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations, 38 39 40 41 42 43 (C) Existing ordinances and resolutions of the boar.d of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January l, 1996, only within the unincorporated area of Ricrumond County shall be effective only in the 783 784 785 786 787 789 790 791 792 793 794 796 i98 799 800 803 806 807 80B 809 810 812 813 814 815 816 817 818 819 821 822 823 824 825 33 34 35 36 37 1 2 3 4 LC 9 8406S this Suburban Services District described in subsection (b) of time as the Section 8 of Act until such commission-council, by resolution or ordinance, modifies or repeals such ordinances, resOlutions" rules, .orregulations. 5 6 7 8 9 10 11 12 13 14 15 (d) Existing ordinances and resolutions of the city council of Augusta which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed. If the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, existing ordinances and resolutions o~ the board of commissioners of the City of Hephzibah which are not inconsistent with the provisions of th~s Act shall continue to be effective as ordinances and resolutions of t.he commission-council until they are modified or repealed. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (e) Existing ordinances and resolutions of the city council of Augusta and existing rules and regulations of departments and agencies of the City of Augusta shall be applicable only within the Urban Services District A described in Section 8 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. If the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, existing ordinances and resolutions of the board of commissioners of the City of Hephzibah and existing rules and regulations of departments and agencies of the Cit.y of Hephzibah shall be applicable only within the Urban Services District H described in Section 8 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. 32 SECTION 10. (a) The budget and tax levy of the board of commissioners of Richmond County 'and the governing authority of any municipality consolidated with such county, adopted for the 1996 calendar year, shall serve as the budget and tax levy of the commission-council for that calendar year. 38 39 40 41 42 (b) The tax assessments made by the board of tax assessors of Richmond County and any municipalities consolidated with such county as of January 1, 1996, shall constitute the basis for the assessment and collection ,of taxes of the commission-council for 1996, 826 827 828 830 831 832 833 834 835 836 837 BJ8 840 841 842 843 844 845 846 847 848 849 850 851 852 855 857 858 859 860 862 863 865 866 LC 9 8406S 1 2 J 4 (c) Amendments to the budget for the 1996 calendar year 868 provided by subsection (a) of this section may be made by 869 resolution or ordinance duly adopted by the 870 commission-council during 1996. 5 6 7 8 ( (d) Any speciaL services district existing in Richmond 872 County or any municipality consolidated with such county 873 prior to January 1,' 1996, shall continue to el{ist until it 875 is modified or abolished by the commission-council. 9 10 11 12 13 14 15 16 17 18 (e) In ,assessing ad valorem taxes, the commission-council 817 shall' assess within any Urban Services District such 878 additional millage a~ the governing body shall determine, 879 and which' shall be imposed on account of governmental se~rices available therein that are not furnished in the 880 Suburban Se~rices District. As the commission-council shall 881 from time to time expand these governmental services to 882 areas within the Suburban Services District, such areas 883 shall be included in such Urban Se~Tices District and tal{ed accordingly. 19 (f) for purposes of this section, governmental 20 shall include fire protection of a higher class, ,21 pickup, governmental water and sewer services, 22 other services as may be provided only in an Urban 23 District. services 885 garbage 886 and such- 887 Services 888 24 (g)(l) The commission-council may further divide the 890 25 Suburban Services District into special se~rice 891 26 districts wherever additional governmental service or 892 21 services are furnished but not to the el{tent as in an 28 Urban Services District. Property within said specidl 893 29 service districts shall be assessed with such additional 89~ 30 ad valorem taxes as the commission-council may determine 895 31 on account of said se~ric~s. 32 (2) Property owners within an Urban Se~rices District 897 33 and the Suburban Services District shall not be 898 34 obligated to pay any user fees for se~,ices they do not 899 35 receive. 36 (h) It is the purpose of this section that property shall be 901 37 subject to taxation in relation to services received. 902 38 (i) Without limiting any of the foregoing provisions of this 904 39 section, on and after Januar/ ~, 1996, the residential, 906 40 commercial, and industrial raCes' charged for water and 907 41 sewerage serrices shall be the same within an Urban Services 42 District as ~ithin the Suburban Services District. 908 -21- LC 9 84065 1 SECTION 11. 2 3 4 5 6 7 8 9 10 11 12 13 14 The commission-council shall create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect ,service charges and fees for the provision- of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission-council within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of 'service charges and fees for the provision of district services within special services tax districts by the commission-council. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution. 15 SECTION 12. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (al All employees and former'employees of Richmond County and the City of Augusta and, if the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, the City of Hephzibah and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights which had accrued to them prior to January 1, 1996, under any pension plan ,adopted by law or by ordinance or resolution by the board of commissioners of Richmond County or the mayor and council of Augusta or the board of commissioners of the City of Hephzibah. The commission-council shall assume an January 1, 1996, all obligations arising under all such pens ion plans, but the assumption of such obligations by the commission-council shall not create any obligation on the part of the commission-councilor create any right which did not exist prior to January I, 1996. 32 33 34 35 36 37 38 39 (b) This Act shall not result in and shall not be implemented to result in the termination of employment of any employees of Richmond County or the City of Augusta or the City of Hephzibah or of any agency, instrumentality, commission, or authority thereof, but this limitation shall not create or be construed to create any right to continued employment or create any employment contract which did not exist prior to January 1, 1996. 40 SECTION 13. 41 42 4J (a) The sheriff of Richmond County shall perform his or her constitutional and statutory duties throughout the entire limits of Richmond County, The sheriff of Richmond County -22- 911 913 914 915 916 917 918 919 920 921 922 923 926 928 929 931 932 933 934 935 936 937 938 939 940 941 943 944 945 946 947 948 949 952 955 956 957 LC 9 84065 1 shall be the chief law enforcement officer of Richmond 2 County. 3 (b) The commiss.ion-council in cooperation with t.he s,heriff 959 4 shall utilize the facilities, equipment, vehicles, records, 960 5 and personnel of the former Augusta Police Department, the 961 6 former Hephzibah Police Department if the city charter is 962 7 repealed as provided in Section 18 of this Act, and the 8 Richmond County Sheriff's Department. in such manner as it 964 9 shall deem necessary to ensure adequate protection of the 965 10 lives and property 'of all of the citizens of Richmond ,11 County. 12 (C) The chief of the former Augusta Fire Department shall 967 13 perform his or her official duties as the chief firefighter 968 14 throughout the ent.ire limits of Richmond County. 969 15 (d) The commission-council in cooperation with the chief 971 16 shall utilize the facilities, equipment, vehicles, records, 972 ...17 and personnel of both the ,former Augusta Fire Department, 973 .18 the former Hephzibah Fire Department if the city charter is 974 .19 repealed as provided in Section 18 of this Act, and the .20 Richmond c.ounty Fire Department. in such manner as it shall 976 .21 deem necessary to ensure the most advantageous rating 977 22 classification. of the commercial, residential, and public 978 23 property in Richmond County. 24 (e) The commission-council shall create a law department., to 981 25 employ one or more full-time attorneys, to employ such 9B3 26 clerical assistance as deemed necessary and appropriate, and 27 to supply an office, office equipment, a law libra~l, and 984 28 such other equipment and supplies as may be necessary. 986 29 Neither the chairperson-mayor nor any member of the 987 30 commission~council shall seek or receive legal advice or 988 31 services from any member of the law department or any other 989 32 attorney retained or employed by the commission-council on 33 any personal legal matter not related to the duties of his 990 34 or her office. 35 (E) Except as provided by this Act or prohibited by the 992 36 general laws of this stater the membersh~p of all boards, 99] 37 commissions, committees, panels, authorities, or other 994 ]8 entities appointed by the board of commissioners of Richmond 995 39 County or the governing authority of the City of Augusta, or 40 if the charter of the City of Hephzibah is ~epealed as 996 -ll provided in Section 18 of this Act, the City of Hephzibah, 997 42 shall be increased by creating t~o ~ew members for each who 998 4] shall be recommended by the Richmond Coun,ty d~le.gation in LC 9 84065 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3B 39 40 41 the General Assembly of Georgia and appointed by the commission-council established by this Act in accordance with the existing laws or ordinances for the appointment of members to such entities. Each such member shall serve out the term of office to which such member was appointed. As soon as practical, but in no event less than 90 days after the initial members of the commission-council take office, the commission-council shall identify those boards, panels, authorities, or other entities the membership of which is not comprised of persons who reside in each commission-council district and shall propose a plan far each such board, commission, or entity to expand or contract the number of members thereof so that as soon as practical, each such entity shall consist of one member from each commission-council district. Each appointee shall be designated by the commission-council as a member representing a designated district. Except as provided by this Act or prohibited by the general laws of this state, the positions of director or administrative head, by whatever name known, of each department or entity of the governments of Richmond County and the City of ~ugusta and, if the charter of the City of Hephz.ibah is repealed as provided in Section 18 of this Act, the City of Hephzibah shall be abolished 90 days after the members of the commission-council take office under this Act. Such departments may be reestablished, reorganized, or conSOlidated; new job descriptions shall be established as appropriate; and a director or administrative head shall be appointed for each department by the commission-council. Any person who formerly occupied such position and any other person shall have the right to apply for any position thus created. The provisions of this subsection shall not result in the automatic termination from employment with the reorganized government of any such person and the provisions of Section 12 of this Act shall be applicable to any such person. On or after January 1, 1996, no person shall be eligible for ,appointment to any position, as the director or administrative head of any department or agency of the reorganized government unless such person meets such qualifications as may be established by the commission-council, 42 4J 44 45 (g) The Municipal Court of the City of Augusta shall act as the Municipal Court of Augusta-Richmond County and shall have jurisdic~ion throughout Richmond County until such COurt is abolished by an Act of the General Assembly. 999 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 102'9 1030 1031 1032 1033 1034 1035 1036 1038 1039 1040 1041 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 . 42 <+ 3 44 Le9 8406S 1 2 3 4 5 6 7 (h) No elected official of such government nor any member of the General Assembly of Georgia whose district lies totally or partially within Richmond County shall be eligible to do business with or receive any contract from such government e~cept through competitive bids. Said persons shall not receive person~l services from county vendors, attorneys, or others. 8 SECTION 14. (a) The government of Augusta-Richmond County shall encourage the meaningful involvement in its operations of all citizens of Augusta-Richmond County, particularly t.hose who are members of minority or other traditionally disadvantaged groups, as appointees, employees, and independent contractors. The commission-council shall afford equal opportunities for employment and promotion to all persons regardless of race, sex, religion, gender, creed, color, or national origin. (b) It is the policy of the Augusta-Richmond County government to ensure the equitable participation of all minorities, including African Americans, women, and small businesses in providing goods and services to the city-county government. The goal of this section is to increase the use of such minorities and small businesses to a level comparable with their availability. This participation goal shall be used as a guideline to the commission-council and shall not be construed as a ceiling or quota. (C) In furtherance of the policies stated in subsections (a) and (b) of this section, the commission-council shall employ a person to se~le as equal employment opportunity director and as director of minority and small bus iness opportunities. The director shall develop and, subject to the approval of the commission-council, implement such policies, procedures, and guidelines as the director deems necessary or appropriate to ensure equal employment opportunities for all citizens. The director, subject c:o the approval of the commission-council, shall propose and implement such policies, procedures, and guidelines as are necessary and appropriate to ensure equal opportunities for all businesses and citizens in contracting with the commission-council and all departments, agencies, authorities, and other entities of local government and to encourage the development oE minocitl and small businesses '",ithin Richmond Councy, In addition, said director shall -25- 1043 1044 1045 1046 104 i 1050 10.52 1053 1054 1055 1056 1057 1058 1060 1061 1062 1063 1064 1065 1066 1068 1069 L070 1071 1072 1073 1074 1075 1076 1077 1078 L079 1080 LC 9 84065 1 2 have such other powers and duties as may from time to time be afforded by action of the commission-council. 1081 1083 1084 lOBS 1086 1087 1090 10 The commission-council shall have the authority upon the 1093 11 affirmative votes of two-thirds of those elected to the 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 3S ]6 37 38 39 40 41 3 4 5 6 7 B (d) The commission-council shall establish a citizens advisory council far minority employment and small business opportunities to advise the commission-council and director of matters pertaining to this section, and to meet with minorities and small businesses to review the problems of minority and small business opportunities. 9 SECTION 15. 12 13 14 15 16 17 commission-council, excl~ding the chairperson-mayor, to change the provisions of this Act which conflict wi.th existing or futQre state or federal laws; provided, however, that no provisions shall be made which diminish or change the principle of representation crf citizens by district on the commission-councilor any other entity. 18 SECTION 16. 1094 1095 1096 1097 1098 1101 Nothing contained . in this Act shall be construed so as to 1104 amend, modify, or repeal an Act incorporating the Town of Blythe, Georgia, approved August 3, 1920 (Ga. L. 1920, p. 1105 74a) . P ART II SEC'I'ION 17. (a) Effective July 1, 1995, there, is created a transition task force for the purpose of planning and preparing for the assumption of governmental powers by the commission-council on JanuarY 1, 1996. The transition task force shall be composed of members as follows: (1) The board of commissioners of Richmond County shall appoint four members. One of such'members shall be the chairperson of the board of commissioners, who shall serve as a member of the transition task force until January 1, 1996. The commissioners appointed to the task force shall be apportioned so that at least two of the commissioners are representatives of existing county commission districts three, six, seven, and eight and two commissioners are representatives of existing county commission districts one, two, four, and five; (2) The city council of the City of Augusta shall appoint four members. One of such members shall be the 1107 1109 1111 1112 1113 1114 1115 1117 1118 1119 1120 1121 1122 1123 1124 1126 1127 LC 9 84065 1 2 3 4 5 6 7 mayor of the ,City of Augusta, who shall serve as che chief executive officer of the transition task force. The city council re~resentatives who are appointed shall be apportioned so that at least two of such members are representatives of former Wards 1, 2, 3, 4, 9, 12, and 13 and t.wo -0 f such members are representa ti ves 0 f former Wards 5,6,7,8,10, and 11; 8 9 10 (3) The members of the General Assembly of Georgia whose districts include all or any portion of Richmond' County shall appoint tour members; and 11 12 13 14 15 16 17 18 19 20 (4) The board of commissioners of theCit.y of Hephzibah shall appoint one member, provided that, if the voters of the City of Hephzibah do not approve an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah providing far a reorganized government in Richmond County and providing for the repeal of said charter, the membership of such member on the transition task force shall be abolished on the date the results of such referendum are certified. 21 22 23 H 25 26 27 28 29 Any vacancy on t.he transition task force shall be filled by the appoint.ing authority which originally appointed the member to such vacant position. The transition task force shall meet upon the call of the chief executive officer of the transition task force for the purpose of planning and scheduling the initial organization of the government in accordance with the applicable provisions of this Act. Any transition task force in existence on Januarf 1, 1996, is abolished. 30 31 32 33 34 35 36 37 38 39 40 {b) The transition task farce shall be authorized to make such recommendations as it deems appropriate Ear the assumption of governmental powers by the commission-council on Januarf 1, 1996. The transition task force is specifically charged with the responsibility of de'/eloping proposed ordinances, including ordinances relating to the creation 0 E special services tax districts, which should be considered for adoption by the commission-council at its first regular meecing hela following January 1, 1996, or at a regular meeting of the commission-council held as soan thereafter as practicable. 41 42 4 J 1128 1129 1130 113 1 1132 1134 1135 1136 1138 1139 1140 1141 1142 114 ] 114-+ 1146 1147 1148 1149 1150 1151 1152 1153 1155 1156 1157 1158 1159 1160 1161 1162 1163 (c) All officers, officials, including elected of fic ial s , 1165 and 9mployses of Richmond County, the Cic:y of Augusta, and 1166 the Cl.ty of Hephzibah shall cooperate wic:h and assLst the L16i -'-1:'7 - 31 32 33 34 35 36 37 3B 39 40 41 42 43 44 LC 9 8406S 1 2 J 4 5 6 7 8 transition task force, The transition task force shall be entitled to examine all records, files, and other data in the possession of Richmond County, the City of Augusta, and the City of Hephzibah and all officers, officials, and employees and departments thereof. Richmond County, the City of Augusta, and the City of Hephzibah shall, to the extent possible, provide working areas and facilities for the transition task force. 9 10 11 12 13 14 15 (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta and from the board of commissioners of the City of Hephzibah for ,the purpose of carrying out its duties, but members of the transition' task force shall receive no compensation for their services as such members. 16 17 18 19 20 21 22 23 24 25 26 27 (el During the period beginning on the date on which this Act is approved in the referendum provided for by Section IS of this Act or on the date an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Augusta, whichever is later, it shall be the duty of the transition task force to recommend and the duty of the board of commissioners of Richmond County and the mayor and city council of Augusta to implement, where possible, such consolidations or reorganizations of services, functions, powers, and duties as may be advantageous to the consolidation of such governments on January 1, 1996. 28 29 30 (f) If an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta and prOviding for a reorganized government in Richmond County and prOviding for the repeal of said charter is approved in a re!erendum by a majority of the voters voting within the City of Augusta, then during the period beginning on the date on which this Act is approved in the referendum provided for by Section 18 of this Act or on the date an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah and providing for a reorganized government in RiChmond County and providing for the repeal of said charter is approved in a referendum by a majority of t.he voters voting within the City of Hephzibah, whichever is later, it _'Hl_ 1168 1169 11 70 1172 1173 1174 1176 1177 1178 1179 1160 11Bl 118J 1184 11B5 1186 1187 1188 1189 1190 1191 1192 1193 1194 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 LC 9 84065 1 shall be the duty of the transition task force to recommend. and the duty of the board of commissioners of Richmond County, the board of commissioners of the City of Hephzibah, and the mayor and city council of the City of Augusta to implement, where possible, such consolidations or reorganizations of services, functions; powers, and duties as may be, advantageous to the consolidation of such governments an January 1, 1996. 1209 1210 1211 12lZ 1213 L214 1215 1217 1218 1219 L220 1222 1223 1225 L228 1231 1232 1233 12J4 1235 1236 1237 by general law; The and purpose of the 1238 week for t'NO weeks 1239 in the official organ 1140 -29- 1241 1247 1248 1249 1251 40 ~11 persons desiring to 'rote Ear approval of Part r of the 1255 41 i\ct shall 'rote "Yes," and those persons desiring to .rote' for 1257 42 rejecc:ion of Part. I the ~ct shall 'Tote "No." If more than L25a ., '- J 4 5 6 7 8 9 10 11 12 13 (g) Every effort shall be made to consolidate sewerage services as soon as practical and to every citizen within the county is treated equitably in the pricing of such services and is same rate for the same se~jice. water and ensure tha t fair 1 y and charged the 14 15 (h) The transition task force shall be abolished on the dat. specified by the commission-council, L6 PART r II 17 SECTION 18. 18 19 20 21 Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Richmond Counc:y shall call and conduct an election as grovided in this section for the purpose of submitting Part I of this Act to the electors of Richmond County tar approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided superintendent shall cause the date election to be published once a immediately preceding the date thereof of Richmond County. The ballot shall have written or printed thereon the words: 22 23 24 25 26 27 28 29 30 Jl J2 33 34 J5 J6 37 38 J9 YES Shall the Act be approved which creates a board of commissioners designated as the ) NO Augusta-Richmond County Commission-Council consisting of a. chairperson-mayor and ten commissioners-councilpersons to administer, govern, and operate a reorganized government. in Richmond County with both county and municipal j?owers?" .. ( LC 9 8406S 1 2 3 4 5 6 7 8 one-half of the votes cast on such ques~ion are for approval of PartIof the Act, it shall become of full force and effect as provided in subsection (C) of Section 19 of this Act. If Part I of the Act is not so approved or if the election is not conducted as provided in this section, Part I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. 1259 1260 1262 1263 1264 1265 1267 1268 1269 1272 1275 1276 1277 ,17 (b) Part II of this Act shall become effective on July 1, 1279 18 1995. 9 10 11 The expense of such election shall be borne by Richmond County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1300 41 All laws and parts of laws in conflict with this Act are 1303 42 repealed, 12 SECTION 19. 13 14 15 16 (a) Section 18 of this Act, this section, and Section 20 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (C) Part I of this Act shall become effec:=tive o'n May 1, 1995, for the purpose of conducting elections of the initial members of the Augusta-Richmond County Commission-Council and shall become effective on January 1, 1996, for all purposes but only if an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Augusta and this Act is approved in the referendum provided for in Section 18 of this Act, Those provisions of Part I of this Act which relate to the City of Hephzibah or which create Urban Services District H shall be repealed on January 1, 1996, unless an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City .of Hephzibah providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Hephzibah and Part I of this Act becomes effective as provided in this subsection. 40 SECTION 20. -30-