05 LC 22
5879/AP
House
Bill 852 (AS PASSED HOUSE AND SENATE)
By:
Representatives Crawford of the
127th
and Cole of the
125th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Barnesville, approved March
11, 1987 (Ga. L. 1987, p. 3865), as amended, particularly by an Act approved
April 5, 1993 (Ga. L. 1993, p. 4957), so as to provide new districts for
councilmembers; to provide for definitions and inclusions; to provide for
continuation in office of current members of the council; to change provisions
relating to wards; to provide for submission of this Act for preclearance under
the federal Voting Rights Act of 1965, as amended; to provide for effective
dates; 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 Barnesville, approved March 11, 1987
(Ga. L. 1987, p. 3865), as amended, particularly by an Act approved April 5,
1993 (Ga. L. 1993, p. 4957), is amended by striking Sections 2.10 and 2.11 and
inserting in lieu thereof the following:
"SECTION
2.10.
City council creation; number; election.
City council creation; number; election.
The
legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and five councilmembers. The mayor and councilmembers shall
be elected in the manner provided by this charter. For the purpose of electing
the councilmembers, the city shall be divided into five districts which shall be
described and set forth in Appendix B attached hereto.
SECTION
2.11.
City council terms and qualifications for office.
City council terms and qualifications for office.
The
mayor and members of the city council 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 shall have been a
resident of the city or of the respective district immediately prior to the date
of the election of mayor or members of the city council; each member of the city
council shall continue to reside within the district such member represents and
the mayor shall continue to reside within the city during his or her period of
service and shall be registered and qualified to vote in municipal elections of
this
city."
SECTION
2.
Said
Act is further amended by striking Section 5.11 and inserting in lieu thereof
the following:
"SECTION
5.11.
Election of the city council and mayor.
Election of the city council and mayor.
(a)
There shall be a municipal general election biennially on the Tuesday after the
first Monday in November.
(b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held after adoption of new districts pursuant to Section 7.12 of this charter.
(c) The mayor shall be elected by a majority of the qualified voters of the entire city. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective district."
(b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held after adoption of new districts pursuant to Section 7.12 of this charter.
(c) The mayor shall be elected by a majority of the qualified voters of the entire city. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective district."
SECTION
3.
Said
Act is further amended by striking Section 7.12 and inserting in lieu thereof
the following:
"SECTION
7.12.
First election after adoption of new districts.
First election after adoption of new districts.
All
persons serving on the council on January 1, 2005, or persons elected or
appointed to serve in the event of vacancies shall complete the terms for which
they were elected or appointed. Each person giving notice of candidacy for a
city council seat shall designate the district for which such candidate is
offering. Councilmembers from Districts 2, 4, and 5 shall be elected in 2005 for
terms of four years and until their respective successors are elected and
qualified. The mayor and councilmembers from Districts 1 and 3 shall be elected
in 2007 for terms of four years and until their respective successors are
elected and qualified. Thereafter, the mayor and each councilmember shall be
elected quadrenially in the year in which the term of the office
expires."
SECTION
4.
Said
Act is further amended by striking Appendix B and inserting in lieu thereof the
following:
"APPENDIX
B
As
used in this appendix, the terms 'Tract' and 'BG' (Block Group) shall mean and
describe the same geographical boundaries as provided in the report of the
Bureau of the Census for the United States decennial census of 2000 for the
State of Georgia. The separate numeric designations in a Tract description
which are underneath a 'BG' heading shall mean and describe individual Blocks
within a Block Group as provided in the report of the Bureau of the Census for
the United States decennial census of 2000 for the State of Georgia. Any part
of the City of Barnesville which is not included in any such district described
in that attachment shall be included within that district contiguous to such
part which contains the least population according to the United States
decennial census of 2000 for the State of Georgia. Any part of the City of
Barnesville which is described in that attachment as being in a particular
district shall nevertheless not be included within such district if such part is
not contiguous to such district. Such noncontiguous part shall instead be
included within that district contiguous to such part which contains the least
population according to the United States decennial census of 2000 for the State
of Georgia. Except as otherwise provided in the description of any commissioner
district, whenever the description of such district refers to a named city, it
shall mean the geographical boundaries of that city as shown on the census map
for the United States decennial census of 2000 for the State of
Georgia.
District
001
Lamar County
Tract: 9702
BG: 3
3005 3006 3007 3016 3021 3024 3025 3026 3027 3028 3029 3030
3031 3032 3033 3034 3035 3036 3037 3038
Tract: 9703
BG: 1
1028 1029
BG: 2
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
2021 2022 2023 2024 2025
BG: 3
3000 3001 3002 3003 3004 3005 3017 3018 3020 3021 3022 3024
3027 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043
3044 3045
BG: 4
4000 4001 4002 4003 4004 4005 4007
Lamar County
Tract: 9702
BG: 3
3005 3006 3007 3016 3021 3024 3025 3026 3027 3028 3029 3030
3031 3032 3033 3034 3035 3036 3037 3038
Tract: 9703
BG: 1
1028 1029
BG: 2
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
2021 2022 2023 2024 2025
BG: 3
3000 3001 3002 3003 3004 3005 3017 3018 3020 3021 3022 3024
3027 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043
3044 3045
BG: 4
4000 4001 4002 4003 4004 4005 4007
District
002
Lamar County
Tract: 9703
BG: 1
1008 1010 1011 1012 1013 1017 1018 1019 1020 1021 1022 1027
1032 1039 1040
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008
Lamar County
Tract: 9703
BG: 1
1008 1010 1011 1012 1013 1017 1018 1019 1020 1021 1022 1027
1032 1039 1040
BG: 2
2000 2001 2002 2003 2004 2005 2006 2007 2008
District
003
Lamar County
Tract: 9702
BG: 2
2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
2023 2027
BG: 3
3001 3002 3003 3004 3008 3009 3010 3011 3017 3018 3019
Tract: 9703
BG: 1
1016 1033 1034 1037 1038
Lamar County
Tract: 9702
BG: 2
2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
2023 2027
BG: 3
3001 3002 3003 3004 3008 3009 3010 3011 3017 3018 3019
Tract: 9703
BG: 1
1016 1033 1034 1037 1038
District
004
Lamar County
Tract: 9702
BG: 1
1029 1030 1032 1033 1034 1035 1036 1037 1038 1040 1065 1066
1072 1073 1074
BG: 2
2007 2008 2009 2011
BG: 3
3000 3012 3013 3014
BG: 5
5005 5006 5007 5009
Lamar County
Tract: 9702
BG: 1
1029 1030 1032 1033 1034 1035 1036 1037 1038 1040 1065 1066
1072 1073 1074
BG: 2
2007 2008 2009 2011
BG: 3
3000 3012 3013 3014
BG: 5
5005 5006 5007 5009
District
005
Lamar County
Tract: 9702
BG: 3
3015 3020 3022 3023
BG: 4
4000 4001 4002 4003 4004 4005 4006 4008 4009 4011 4014 4017
4018 4019 4020 4021 4022 4024 4026 4028
BG: 5
5023 5024 5025"
Lamar County
Tract: 9702
BG: 3
3015 3020 3022 3023
BG: 4
4000 4001 4002 4003 4004 4005 4006 4008 4009 4011 4014 4017
4018 4019 4020 4021 4022 4024 4026 4028
BG: 5
5023 5024 5025"
SECTION
5.
The
City Council of the City of Barnesville 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
6.
This
section and Sections 1, 2, and 3 of this Act and those provisions of this Act
necessary for the election of members of the council in 2005 shall become
effective upon the approval of this Act by the Governor or upon its becoming law
without such approval. The remaining provisions of this Act shall become
effective January 1, 2007.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.