Joint authorities

(a)(1) By proper resolution of the local governing bodies, an authority may be created and activated by: (A) Any two or more municipal corporations; (B) Any two or more counties; or 510 Page: 511 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:13 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-138 (C) One or more municipal corporations and one or more counties. (2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements. (3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies. (b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency ‘‘911’’ system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly ‘‘911’’ charge or a monthly wireless enhanced ‘‘911’’ charge. (c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency ‘‘911’’ system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority. (d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures 511 Page: 512 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:14 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-138 PUBLIC UTILITIES, ETC. 46-5-138.1 and overseeing the operations of the emergency ‘‘911’’ system. The director may be an employee working in the operation of the emergency ‘‘911’’ system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency ‘‘911’’ system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency ‘‘911’’ system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority. (e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part. (f ) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end of the 18 month period in advance of the date on which the ‘‘911’’ service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly ‘‘911’’ charge for an additional period of 18 months or until the ‘‘911’’ service becomes fully operational, whichever occurs first. (Code 1981, § 46-5-138, enacted by Ga. L. 1993, p. 1368, § 3; Ga. L. 1998, p. 1017, § 12; Ga. L. 2004, p. 366, § 2A.) The 2004 amendment, effective July 1, 2004, added subsection (f ). 46-5-138.1. Guidelines pertaining to additional charges on exchange access facilities involving contracts between two or more counties. (a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency ‘‘911’’ services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency ‘‘911’’ system for the first time after May 1, 1998, such local governments may impose a monthly ‘‘911’’ charge which exceeds $1.50 per exchange access facility but only so long as the following procedure is followed: (1) The participating local governments shall, with input from a local exchange service supplier, prepare an estimated budget for the implementation of the joint emergency ‘‘911’’ system with costs limited to items eligible for funding through the Emergency Telephone System Fund; 512 Page: 513 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:15 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-138.1 TELEPHONE AND TELEGRAPH SERVICE 46-5-139 (2) An estimate of the revenue to be generated by the ‘‘911’’ charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared; (3) If the total amount necessary for implementation of the emergency ‘‘911’’ system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the ‘‘911’’ charge specified in paragraph (2) of this subsection, the monthly ‘‘911’’ charge per exchange access facility may be increased on a pro rata basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility. Notwithstanding subsection (i) of Code Section 46-5-134, if each local governing body which is a party to an intergovernmental contract certifies to the service provider in writing prior to the end of the 18 month period in advance of the date on which the ‘‘911’’ service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly ‘‘911’’ charge for an additional period of 18 months or until the ‘‘911’’ service becomes fully operational, whichever occurs first; and (4) Such local governments comply with the requirements of Code Section 46-5-133 which relate to the imposition of a monthly ‘‘911’’ charge. Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly ‘‘911’’ charges on exchange access facilities shall apply to charges imposed pursuant to this subsection. (b) The increased monthly ‘‘911’’ charge authorized by subsection (a) of this Code section shall also be available to any joint ‘‘911’’ authority created pursuant to Code Section 46-5-138 after May 1, 1998. (Code 1981, § 46-5-138.1, enacted by Ga. L. 1998, p. 1017, § 13; Ga. L. 2004, p. 366, § 2B.) The 2004 amendment, effective July 1, 2004, added the last sentence in paragraph (a)(3). 46-5-139. Joint Study Committee on Wireless Enhanced ‘‘911’’ Charges.