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2002-2005 Hart County Board of Commissioners
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Georgia Code 31-7-72.
(a) There is created in and for each county
and municipal corporation of the state a public body corporate and
politic to be known as the 'hospital authority' of such county or
city, which shall consist of a board of not less than five nor more
than nine members to be appointed by the governing body of the county
or municipal corporation of the area of operation for staggered
terms as specified by resolution of the governing body. The number
of members of any hospital authority as of March 1, 1984, may be
increased by not more than two additional members by the adoption
of a resolution of the members of the hospital authority, and such
additional members shall be appointed through the same process used
for filling vacancies which was in effect for such hospital authority
on January 1, 1984. Whenever an appointment to fill a vacancy on
the board of any hospital authority is made, either for an unexpired
term or a full term, consideration shall be given as to whether
a licensed doctor of medicine or registered nurse currently serves
on such authority. If no licensed doctor of medicine or registered
nurse currently serves on such authority, then consideration shall
be given to the nomination and choice of a licensed doctor of medicine
or a registered nurse to fill such vacancy. No authority created
under this Code section shall transact any business or exercise
any powers under this Code section until the governing body of the
area of operation shall, by proper resolution, declare that there
is need for an authority to function in such county or municipal
corporation. Copies of a resolution so adopted and any resolution
adopted by the governing body providing for filling vacancies in
the membership of the authority or making any changes in membership
shall be filed with the department.
(b) Appointments to fill vacancies on the board of any hospital
authority activated on or after March 15, 1964, for either an unexpired
or full term as fixed in the original resolution or ordinance creating
the authority, shall be made as follows:
(1) The governing body of the area of operation shall submit a list
of three eligible persons to the board of the hospital authority;
(2) The board at its next regular meeting shall either select one
of the three persons named in such list or decline to select any
of the persons named in the list. If the board declines to select
any of the persons named on the list, it shall so notify the governing
body; and
(3) Upon receipt of notification that the board has declined to
select any of the persons named in the governing body´s list,
the governing body shall submit a second list of three eligible
persons, no one of whom was named on the first list, to the board
of the hospital authority. The board at its next regular meeting
after receipt of the second list shall select one of the three persons
named in the second list.
(c) Appointments to fill vacancies for either an unexpired or full
term on the boards of all hospital authorities in existence prior
to March 15, 1964, shall be governed by the terms of a resolution
adopted prescribing the manner by which vacancies are filled, unless
changed by local legislation or constitutional amendment.
(d) Any two or more counties or any two or more municipalities or
any county or municipality, or a combination of any county and any
municipality, by a like resolution or ordinance of their respective
governing bodies, may authorize the exercise of the powers provided
for in this article by an authority. The membership of such authority
affected by like resolutions of the respective governing bodies
of any two or more of the governing bodies of the participating
units shall be not less than five nor more than 15 members, the
terms and distribution of members between the participating units
to be provided for by the resolutions adopted by the governing bodies
of the participating units. The resolutions of the governing bodies
of participating units acting together for the creation of an authority
may be amended by the governing bodies of the participating units
from time to time. Where the governing bodies of participating units
have acted together for the creation of an authority under this
subsection and where at least one of those participating units is
a county having a population of 35,000 or less according to the
United States decennial census of 1990 or any future such census,
the method of filling vacancies upon such authority may be changed
only by local Act of the General Assembly and, when so changed,
shall be governed by that local Act.
(e)(1) Nothing in this Code section is intended to invalidate any
of the acts of existing boards of authorities. Hospital authorities
shall be granted the same exemptions and exclusions from taxes as
are now granted to cities and counties for the operation of facilities
similar to facilities to be operated by hospital authorities as
provided for under this title.
(2) Notwithstanding the provisions of paragraph (1) of this subsection
or any other law to the contrary, any real property in which 50
percent or more of the floor space thereof, excluding halls, corridors,
and public spaces, is rented or leased by persons, firms, or corporations
engaged in or conducting a private for profit business or profession
owned by a hospital authority which is located in a county having
a population of 50,000 or more according to the United States decennial
census of 1990 or any future such census or owned by any subsidiary
or affiliate thereof and which hospital authority or subsidiary
or affiliate thereof operates a hospital containing more than 100
beds, shall be subject to all state, county, and municipal ad valorem
taxes in the same manner as other private property.
(f) The project or projects of an authority created by two or more
counties, or two or more municipalities, or a combination of any
county and any municipality may be located outside of the area of
the sponsor´s operation when it is determined by the trustees
that this will best serve the purposes of the facility and provided
it is located within the area of service and within 12 miles of
the hospital location or within 12 miles of the sponsoring county
or municipality, whichever is farther.
(g) Hospital authorities created pursuant to this Code section shall
have perpetual existence. |
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