Creation of authority; principal office; legal situs

(a) There is created a public body corporate and politic to be known as the Municipal Gas Authority of Georgia, which shall be a public corporation of the State of Georgia and which shall have perpetual existence. The authority, however, shall not be a political subdivision of the state but shall be an instrumentality of the state, a mere creature of the state, having distinct corporate entity and being exempt from Article 2 of Chapter 17 of Title 50. (b) The authority shall have its principal office either in Fulton County or in a county contiguous to Fulton County. The authority’s residence for the purposes of this article shall be either Fulton County or such other county contiguous to Fulton County. If the authority designates a county other than Fulton County as its principal office, notice of such designation 344 Page: 345 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:16 0000 42051-21 46-4-82 (QS) GA 04 RV34 -- 3rd RUN DISTRIBUTION, STORAGE, AND SALE OF GAS 46-4-83 shall be given in writing to the Secretary of State and the address of such designated office shall be available for public inspection in the office of the Secretary of State. (Code 1981, § 46-4-82, enacted by Ga. L. 1987, p. 745, § 1; Ga. L. 1989, p. 471, § 1.) 46-4-83. Membership election committee; election of members of the authority. (a) The authority shall consist of nine members. The first nine members shall be elected as provided in this Code section. (b) On or before June 16, 1987, each of those political subdivisions which have, prior to such date, by proper resolution of their respective governing bodies, declared their intention to contract with the authority for the purchase of all or some substantial portion of its gas supply (other than short-term purchases) shall designate one person, who shall be a resident of the State of Georgia, as its representative on a body to be known as the ‘‘Municipal Gas Authority of Georgia Membership Election Committee,’’ provided that at least five political subdivisions have declared their intention to contract with the authority. All such resolutions of declaration of intention to contract with the authority shall be presented to the election committee at its first meeting, which shall be held in the office of the Georgia Municipal Association at 11:00 A.M. on June 23, 1987. (c) At its first meeting, the election committee shall organize and shall elect a chairman and such other officers as may be desirable in the determination of the election committee. The election committee shall then determine the sufficiency of the resolutions presented to it and shall determine the number of votes (including fractions thereof ) which each representative to the election committee shall be entitled to cast in accordance with Code Section 46-4-87. Nominations for membership on the authority shall then be received by the election committee prior to adjournment of its first meeting. (d) The election committee shall then meet for the second time on June 30, 1987, at the same time and at a place designated by the election committee at its initial meeting to receive any other nominations to the authority that may be made. A vote shall then be taken; and the nine nominees receiving the largest number of votes cast by a quorum of the election committee, as such quorum is determined by subsection (c) of Code Section 46-4-87, shall be declared the first nine members of the authority. Insofar as may be consistent with the remaining provisions of this Code section, in the election of the first nine members, the three nominees receiving the highest number of votes shall be elected to terms of three years; the three nominees receiving the next highest number of votes shall be elected to terms of two years; and the three nominees receiving the next highest number of votes shall be elected to terms of one year. Any tie votes 345 Page: 346 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:17 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-4-83 PUBLIC UTILITIES, ETC. 46-4-86 shall be resolved by lot in such manner as shall be prescribed by the election committee. (e) Notwithstanding any other provision of this Code section to the contrary, in the event it should be mathematically necessary in the election of the members of the authority for two members to be residents of the same political subdivision, then one of the two members who are residents of the same political subdivision shall be elected for an initial term of one year. In the event there are four political subdivisions from which two residents must be elected, one of the residents of one of such political subdivisions shall be elected for an initial term of two years. (Code 1981, § 46-4-83, enacted by Ga. L. 1987, p. 745, § 1.) 46-4-84. Authority members — Representation of political subdivisions; eligibility of election committee members; successive terms. Each member of the authority shall be a resident of one of the political subdivisions represented on the election committee; provided, however, that an employee of the gas department or utility commission of a political subdivision represented on the election committee shall be qualified to be a member of the authority even though not a resident of one of the political subdivisions so represented for so long as he or she remains such an employee; but, insofar as is mathematically possible, no two members shall be residents or employees of the same political subdivision. Representatives to the election committee shall be eligible for membership on the authority. Members shall be eligible to succeed themselves. (Code 1981, § 46-4-84, enacted by Ga. L. 1987, p. 745, § 1; Ga. L. 1992, p. 1055, § 1.) 46-4-85. Authority members — Terms of office.