Bill Text: GA HB1427 | 2009-2010 | Regular Session | Introduced
Bill Title: Norcross, City of; mayor and city councilmembers; change terms
Spectrum: Bipartisan Bill
Status: (Passed) 2010-06-02 - Effective Date [HB1427 Detail]
Download: Georgia-2009-HB1427-Introduced.html
10 LC
38 1118/AP
House
Bill 1427 (AS PASSED HOUSE AND SENATE)
By:
Representatives Marin of the
96th
and Rice of the
51st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Norcross, approved March
28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved
April 5, 1993 (Ga. L. 1993, p. 4727), and by an Act approved March 25, 1996 (Ga.
L. 1996, p. 3666), so as to change the terms of the mayor and city
councilmembers; to provide for a referendum; to provide for submission of this
Act for preclearance under the federal Voting Rights Act of 1965, as amended; to
provide for an effective date; to provide for automatic repeal under certain
circumstances; 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 City of Norcross, approved March 28, 1990
(Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5,
1993 (Ga. L. 1993, p. 4727), and by an Act approved March 25, 1996 (Ga. L. 1996,
p. 3666), is amended by revising Section 2.11 as follows:
"SECTION
2.11.
Mayor and city council terms and qualification for office.
Mayor and city council terms and qualification for office.
The
mayor and city councilmembers shall serve for terms of four years and until
their respective successors are elected and qualified. No person shall be
eligible to serve as mayor or councilmember unless he or she is a qualified
municipal voter. No person shall be eligible to serve as mayor or councilmember
unless he or she is at least 18 years of age and has been a resident of the city
for at least one year immediately prior to the date of his or her election. The
mayor and each councilmember shall continue to reside in the city during their
period of service."
SECTION
2.
Said
Act is further amended by revising Section 5.11 as follows:
"SECTION
5.11.
Regular elections; time for holding.
Regular elections; time for holding.
(a)
The mayor and councilmembers serving on the effective date of this Act shall
remain in office until the normal expiration of their terms of office and until
their successors are elected and qualified.
(b)
Successors to David McLeroy, Andrew Hixson, and Ross Kaul whose terms expire
December 31, 2010, shall be elected on the Tuesday next following the first
Monday in November of 2010 for a term of two years and until their successors
are elected and qualified.
(c)
Successors to the mayor and those two councilmembers whose terms expire December
31, 2011, shall be elected on the Tuesday next following the first Monday in
November of 2011 for a term of three years and until their successors are
elected and qualified.
(d)
Successors to those three councilmembers whose terms expire December 31, 2012,
shall be elected on the Tuesday next following the first Monday in November of
2012 and every four years thereafter and shall serve for terms of office of four
years and until their successors are elected and qualified.
(e)
Successors to the mayor and those two councilmembers whose terms expire December
31, 2014, shall be elected on the Tuesday next following the first Monday in
November of 2014 and every four years thereafter and shall serve for terms of
office of four years and until their successors are elected and
qualified."
SECTION
3.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the municipal
election superintendent of the City of Norcross shall call and conduct an
election as provided in this section for the purpose of submitting this Act to
the electors of the City of Norcross for approval or rejection. The municipal
election superintendent shall conduct that election on the Tuesday after the
first Monday in November, 2010, and shall issue the call and conduct that
election as provided by general law. The municipal election superintendent
shall cause the date and purpose of the election to be published once a week for
two weeks immediately preceding the date thereof in the official organ of
Gwinnett County. The ballot shall have written or printed thereon the
words:
"( ) YES
( ) NO
|
Shall
the Act be approved which provides new terms for the mayor and city
councilmember and staggers such terms?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act, then
Sections 1 and 2 of this Act shall become of full force and effect immediately.
If Sections 1 and 2 of this Act are not so approved or if the election is not
conducted as provided in this section, Sections 1 and 2 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. The expense of such
election shall be borne by the City of Norcross. It shall be the municipal
election superintendent's duty to certify the result thereof to the Secretary of
State.
SECTION
4.
The
governing authority of the City of Norcross shall through its legal counsel
cause this Act to be submitted for preclearance under the federal Voting Rights
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
5.
Except
as otherwise provided in Section 3 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.