Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB164 Enrolled / Bill

Filed 02/20/2023

                    23 LC 47 1975/AP
H. B. 164
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House Bill 164 (AS PASSED HOUSE AND SENATE)
By: Representative Smith of the 18
th
 
A BILL TO BE ENTITLED
AN ACT
To amend an Act to provide a new charter for the City of Mount Zion, approved May 12,
1
2015 (Ga. L. 2015, p. 3862), so as to provide that members of the city council shall be2
elected from districts instead of at large; to provide district residency requirements for3
councilmembers; to revise election procedures to provide for district elections; to provide the4
description of council districts; to provide for definitions and inclusions; to provide for5
continuation in office of current councilmembers; to provide for related matters; to repeal6
conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
An Act to provide a new charter for the City of Mount Zion, approved May 12, 2015 (Ga.10
L. 2015, p. 3862), is amended by revising Sections 2.10 and 2.11 as follows:11 23 LC 47 1975/AP
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"SECTION 2.10.
12
City council creation, composition, number, election.13
The legislative authority of the government of this city, except as otherwise specifically14
provided in this charter, shall be vested in a city council to be composed of a mayor and15
four councilmembers.  The mayor and council members shall be elected in a manner16
provided in Article V of this charter.17
SECTION 2.11.18
City council terms and qualifications for office.19
The mayor of the city shall serve for a term of four years consecutive and until his or her20
successor is elected and qualified.  The members of the city council shall serve for terms21
of four years consecutive and until their respective successors are elected and qualified.22
No person shall be eligible to serve as mayor or councilmember unless he or she is a23
qualified municipal voter and shall have been a resident of the city for one year24
immediately prior to the date of his or her qualifying for said position.  No person shall be25
eligible to serve as a councilmember unless he or she has been a resident of the district he26
or she is elected from for six months immediately prior to the date of his or her qualifying27
for said position.  The mayor and each councilmember shall continue to reside within the28
city limits proper during his or her period of service, and each councilmember shall29
continue to reside within the district from which he or she was elected during his or her30
period of service."31
SECTION 2.32
Said Act is further amended by revising subsection (a) of Section 2.17 as follows:33 23 LC 47 1975/AP
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"(a)  The office of mayor and councilmember shall become vacant upon the incumbent's
34
death, resignation, forfeiture of office, relocation of residency outside the city limits proper,35
or removal from office in any manner authorized by this charter or the general laws of the36
State of Georgia.  The office of councilmember shall become vacant upon the incumbent's37
relocation of residency outside the district from which he or she was elected."38
SECTION 3.39
Said Act is further amended by revising subsections (c), (d), and (e) and adding a new40
subsection to Section 5.11 as follows:41
"(c)  The mayor shall be elected by the voters of the city at large.  The mayor in office on42
the effective date of this Act shall remain in office until his or her successor is elected and43
takes office as provided for in this charter.44
(d)  The councilmembers from District 1 and District 2 shall be elected in 2023 and every45
four years thereafter.46
(e)  The councilmembers from District 3 and District 4 shall be elected in 2025 and every47
four years thereafter.48
(f)  The four councilmembers to be elected as provided in this section shall be elected from49
the districts provided for in Section 5.14.  Only electors who are residents of a particular50
district may vote for a councilmember from that district.  At the time of qualifying for51
election as a councilmember, each candidate for such office shall specify the district for52
which that person is a candidate."53
SECTION 4.54
Said Act is further amended by adding a new section to read as follows:55 23 LC 47 1975/AP
H. B. 164
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"SECTION 5.14.
56
(a)  For the purpose of electing councilmembers the City of Mount Zion shall be divided57
into four council districts.  Districts 1, 2, 3, and 4 shall be and correspond to those four58
numbered districts described in Appendix A attached to and made a part of this Act and59
further identified as 'User: Mt Zion Plan Name: mtzioncc-2023 Plan Type: Local'.60
(b)  For the purposes of such plan:61
(1)  The term 'VTD' shall mean and describe the same geographical boundaries as62
provided in the report of the Bureau of the Census for the United States decennial census63
of 2020 for the State of Georgia.  The separate numeric designations in a district64
description which are underneath a VTD heading shall mean and describe individual65
Blocks within a VTD as provided in the report of the Bureau of the Census for the United66
States decennial census of 2020 for the State of Georgia; and67
(2)  Except as otherwise provided in the description of any district, whenever the68
description of any district refers to a named city, it shall mean the geographical69
boundaries of that city as shown on the census maps for the United States decennial70
census of 2020 for the State of Georgia.71
(c)  Any part of the City of Mount Zion which is not included in any district described in72
subsection (a) of this section shall be included within that district contiguous to such part73
which contains the least population according to the United States decennial census of 202074
for the State of Georgia.75
(d)  Any part of the City of Mount Zion which is described in  subsection (a) of this section76
as being included in a particular district shall nevertheless not be included within such77
district if such part is not contiguous to such district.  Such noncontiguous part shall instead78
be included within that district contiguous to such part which contains the least population79
according to the United States decennial census of 2020 for the State of Georgia.80 23 LC 47 1975/AP
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(e)  Any territory purportedly described in a district in  subsection (a) of this section that
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is not within the corporate limits of the City of Mount Zion shall not be part of any such82
district.83
(f)  Those councilmembers who are serving as such on the effective date of this Act and84
any person selected to fill a vacancy in any such office shall continue to serve as such85
councilmembers until the regular expiration of their respective terms of office and upon the86
election and qualification of their respective successors.87
(g)  City Council Posts 1, 2, 3, and 4, as they exist immediately prior to the effective date88
of this Act, shall be designated as Districts 1, 2, 3, and 4, respectively, as newly described89
under this Act, and on and after the effective date of this Act, such councilmembers from90
those former posts shall be deemed to be serving from and representing their respective91
districts as newly described under this Act."92
SECTION 5.93
All laws and parts of laws in conflict with this Act are repealed.94 23 LC 47 1975/AP
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APPENDIX A
95
User:  Mt Zion      96
Plan Name:  mtzioncc-2023     97
Plan Type:  Local     98
District  00199
 County Carroll GA  100
  VTD MT ZION101
   Block 910302  102
    2028  2029  2033  2034  2042  2043  2044  2054  2055  2058  2061  2062103
    2063  2072           104
District  002105
 County Carroll GA  106
  VTD MT ZION107
   Block 910301  108
    2015  2016           109
   Block 910302  110
    2059  2060           111
District  003112
 County Carroll GA  113
  VTD MT ZION114
   Block 910301  115
    2012  2020  2021  3000  3001  3002  3003      116
   Block 910302  117
    1034  1035  1036  1045  1047  2066  2068  2069     118 23 LC 47 1975/AP
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District  004
119
 County Carroll GA  120
  VTD MT ZION121
   Block 910302  122
    1028  1029  1030  2032  2036  2037  2052  2053  2064  2065  2067         123