Bill Text: GA HB114 | 2009-2010 | Regular Session | Introduced
Bill Title: Newborn, Town of; provide new charter
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-05-11 - Effective Date [HB114 Detail]
Download: Georgia-2009-HB114-Introduced.html
09 LC 18
7743/AP
House
Bill 114 (AS PASSED HOUSE AND SENATE)
By:
Representative Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the Town of Newborn, approved June 3,
2003 (Ga. L. 2003, p. 4397), so as to change the terms of office of the members
of the town council from concurrent to staggered terms of office; to provide for
continuation in office of certain current councilmembers; to provide for
election and terms of office of subsequent councilmembers; to clarify certain
requirements regarding the election of the mayor and members of the town
council; to provide for submission of this Act for preclearance under the
federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga.
L. 2003, p. 4397), is amended by revising Section 2.11 as follows:
"SECTION
2.11.
Town council terms and qualification for office.
Town council terms and qualification for office.
Except
for initial two-year terms of office for Posts 1 and 2 from January 1, 2010
through December 31, 2011, in order to implement staggered terms of office, the
members of the town council shall serve for terms of four years and until their
respective successors are elected and sworn in. No person shall be eligible to
serve as mayor or councilmember unless he or she shall have been a resident of
the town for 12 months prior to the date of qualification for the election or
mayor or councilmember, as the case may be. Each such official shall continue
to reside in the town during his or her period of service and continue to be
registered and qualified to vote in municipal elections of the
town."
SECTION
2.
Said
Act is further amended by revising Section 2.27 as follows:
"SECTION
2.27.
Election of mayor; forfeiture; compensation.
Election of mayor; forfeiture; compensation.
The
mayor must receive a plurality of votes cast for that office in the entire town
and shall serve for a term of four years and until his or her successor is
elected and qualified. The mayor shall be a qualified elector of the town and
shall have been a resident of the town of 12 months prior to his or her
qualification for his or her election. The mayor shall continue to reside in
this town during the period of his or her service. He or she shall forfeit his
or her office on the same grounds and under the same procedure as for
councilmembers. The compensation of the mayor shall be established in the same
manner as for councilmembers."
SECTION
3.
Said
Act is further amended by revising Section 5.11 as follows:
"SECTION
5.11.
Election of mayor and councilmembers.
Election of mayor and councilmembers.
(a)
There shall be a municipal general election on the Tuesday following the first
Monday in November, 2009, and every two years thereafter.
(b)
The mayor and those members of the town council who are serving as such on
December 31, 2008, and any person selected to fill a vacancy in any such office
shall continue to serve as such members until the regular expiration of their
respective terms of office.
(c)
For purposes of electing members of the town council, other than the mayor, the
Town of Newborn is divided into four posts to be designated Post No. 1, Post No.
2, Post No. 3, and Post No. 4. Any person seeking election to the town council
shall designate the town council post to which he or she seeks election and
shall seek election only to the post so designated. The provisions of this
section shall not be construed as requiring the division of the territory of the
town into council districts or the establishment of council districts. Any
person seeking election as a member of the town council must receive a plurality
of votes cast for that office in the entire town.
(d)
The mayor and the members of the town council shall be elected as provided in
this subsection. The first members from Post No. 1 and Post No. 2 under the
staggered election system shall be elected at the general election on the
Tuesday next following the first Monday in November, 2009. Those members of the
town council elected thereto from Post No. 1 and Post No. 2 in 2009 shall take
office the first day of January immediately following that election and shall
serve for initial terms of office which expire December 31, 2011, and upon the
election and qualification of their respective successors. The first members
from Post No. 3 and Post No. 4 under the staggered election system shall be
elected at the general election on the Tuesday next following the first Monday
in November, 2009. The mayor and those members of the town council elected
thereto from Post No. 3 and Post No. 4 in 2009 shall take office the first day
of January immediately following that election and shall serve for initial terms
of office which expire December 31, 2013, and upon the election and
qualification of their respective successors. Those and all future successors
to the mayor and to members of the town council whose terms of office are to
expire shall be elected at the time of the municipal general election provided
for in subsection (a) of this section immediately preceding the expiration of
such terms, shall take office the first day of January immediately following the
election, and shall serve for terms of office of four years each. The mayor and
the members of the town council shall serve for the terms of office specified
therefor in this subsection and until their respective successors are elected
and qualified."
SECTION
4.
Said
Act is further amended by revising Section 5.14 as follows:
"SECTION
5.14.
Reserved."
SECTION
5.
The
governing authority of the Town of Newborn shall through its legal counsel cause
this Act to be submitted for preclearance under the federal Voting Right Act of
1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.