08
LC 34 1888S/AP
House
Bill 1490 (AS PASSED HOUSE AND SENATE)
By:
Representative Carter of the
159th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act incorporating the City of Port Wentworth, approved February 6, 1957
(Ga. L. 1957, p. 2003), as amended, so as to reconstitute the governing
authority of the city; to provide for council districts; to provide for
definitions and inclusions; to provide for continuation in office of the mayor
and current members; to change the provisions relating to the regular expiration
of terms of office of certain council members; to provide for election and terms
of office of subsequent members; to provide for submission of this Act for
preclearance under the federal Voting Rights Act of 1965, as amended; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION
1.
An
Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L.
1957, p. 2003), as amended, is amended by revising Sections 4 and 4A as
follows:
"SECTION
4.
The
mayor and city council of the City of Port Wentworth which existed immediately
prior to the effective date of this Act, is continued in existence but on and
after January 1, 2010, shall be constituted as provided in this Act. The mayor
and city council of the City of Port Wentworth so continued and constituted
shall continue to have the same powers, duties, rights, obligations, and
liabilities as existed immediately prior to January 1, 2010.
SECTION
4A.
(a)(1)
The mayor of the City of Port Wentworth whose term regularly expires on December
31, 2009, and any person selected to fill a vacancy in any such office shall
continue to serve as such until the regular expiration of that term of office
and upon the election and qualification of the mayor´s
successor.
(2)
Those members of the city council whose terms regularly expire on December 31,
2009, 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 and upon the election and qualification of their
respective successors.
(3)
On and after January 1, 2010, the city council of the City of Port Wentworth
shall consist of six members. Four members shall be elected from council
districts described in subsection (b) of this section. Two members shall be
elected at large as provided in subsection (f) of this section. The mayor shall
be elected at large as provided in subsection (g) of this section.
(b)
For purposes of electing members of the city council, other than the mayor and
the two at-large councilmembers, the City of Port Wentworth is divided into four
council districts. One member of the council shall be elected from each such
district. The four council districts shall be and correspond to those four
numbered districts described in and attached to and made a part of this Act and
further identified as Plan Name: pwcc4dp2re Plan Type: Local User: staff
Administrator: Port Wentworth.
(c)
When used in such attachment, 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 Port Wentworth 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 Port
Wentworth 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.
(d)
No person shall be mayor or a member of the city council if that person is
ineligible for such office pursuant to Code Section 43-2-1 of the Official Code
of Georgia Annotated or any other general law applicable to that office.
(e)
In order to be elected or appointed as a member of the city council from a
district, a person must have resided in that council district for at least six
months prior to the election or appointment thereto and, if elected, must
receive a plurality of votes cast for that office in that district only and not
at large. Only electors who are residents of the council district may vote for
a member of the council for the district. At the time of qualifying for
election as a member of the city council for a council district, each candidate
for such office shall specify the council district for which that person is a
candidate. A person elected or appointed as member of the city council from a
council district must continue to reside in that district during that
person´s term of office or that office shall become vacant.
(f)
In order to be elected or appointed as an at-large member of the city council, a
person must have resided in the city for at least six months prior to election
or appointment thereto and, if elected, must receive a plurality of votes cast
for the office at large. Only electors who are residents of the city may vote
for an at-large member of the council. A person elected or appointed as an
at-large member of the city council must continue to reside in the city during
that person´s term of office or that office shall become
vacant.
(g)
In order to be elected or appointed as mayor, a person must have resided in the
City of Port Wentworth for at least six months prior to election or appointment
thereto and, if elected, must receive a plurality of votes for that office in
the entire city. The mayor must continue to reside within the city during that
person´s term of office or that office shall become vacant.
(h)(1)
The mayor and members of the reconstituted city council of the City of Port
Wentworth shall be elected as provided in this subsection.
(2)
The first members from Council Districts 1, 2, 3, and 4 shall be elected at the
general election on the Tuesday following the first Monday in November, 2009.
Those members of the city council elected thereto from Council Districts 2 and 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,
2011, and upon the election and qualification of their respective successors.
Those members of the city council elected thereto from Council Districts 1 and 3
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.
(3)
The first at-large members shall be elected at the general election on the
Tuesday following the first Monday in November, 2009. The at-large members so
elected shall take office the first day of January immediately following that
election. The at-large member elected with the largest amount of votes shall
serve for an initial term of office which expires December 31, 2013. The
at-large member elected with the second largest amount of votes shall serve for
an initial term of office which expires December 31, 2011.
(4)
The mayor shall be elected at the general election on the Tuesday following the
first Monday in November, 2009. The mayor shall take office on the first day of
January immediately following that election and shall serve for an initial term
of office which expires on December 21, 2013, and upon the election and
qualification of the mayor´s successor.
(5)
Those and all future successors to the mayor and the members of the city council
whose terms of office are to expire shall be elected at the time of the
municipal general election immediately preceding the expiration of such terms,
shall take office the first day of January immediately following that election,
and shall serve for terms of office of four years each. The mayor and members
of the city council shall serve for the terms of office specified in this
subsection and until their respective successors are elected and
qualified.
(i)
All members of the council who are elected thereto shall be nominated and
elected in accordance with Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, the 'Georgia Election Code' in nonpartisan elections as provided in
Code Section 21-2-139 of the Official Code of Georgia Annotated. Political
parties shall not conduct primaries for city offices and all names of candidates
shall be listed without party designations."
SECTION
2.
The
governing authority of the City of Port Wentworth shall through its legal
counsel cause this Act to be submitted for preclearance under the federal Voting
Rights Act of 1965, as amended; 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
3.
All
laws and parts of laws in conflict with this Act are repealed.