HB 1029: Holly Springs, City of; revise boundaries

House Bill 1029 (AS PASSED HOUSE AND SENATE)

By: Representatives Thomas of the 21st, Ridley of the 22nd, Jones of the 47th, Jasperse of the 11th, Parsons of the 44th, and others

A BILL TO BE ENTITLED

AN ACT

To amend an Act creating a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, so as to revise the boundaries of the city; to provide that the city council shall be composed of six instead of five members; to provide for term limits; to provide for a mayoral veto; to provide new city council district boundaries; to provide for definitions and inclusions; to provide for continuation in office of the current councilmembers; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating a new charter for the City of Holly Springs in the County of Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, is amended by revising Section 1.02 as follows:

"SECTION 1.02.

Corporate boundaries.

(a)(1) The boundaries of this city shall be those described in described in Appendix A attached to and made a part of this charter and further identified as 'User: HD 21 Plan Name: HollySprings-cityrev-2026 Plan Type: Local', with such alterations as may be made from time to time in the manner provided by general state law.

(2) For the purposes of such plan:

(A) The term 'VTD' 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 2020 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2020 for the State of Georgia; and

(B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2020 for the State of Georgia.

(b) The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the City of Holly Springs, Georgia. Photographic, typed, or other copies of such map or description certified by the clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

(c) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace."

SECTION 2.

Said Act is further amended by revising Section 2.01 as follows: "SECTION 2.01.

City council creation; composition; number; election. Except as otherwise specifically provided in this charter, the legislative authority of the government of this city shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. The mayor and two councilmembers shall be elected by the voters of the city at-large. Four councilmembers shall be elected from the districts provided for in Section 5.02 of this charter."

SECTION 3.

Said Act is further amended by revising Section 2.02 as follows: "SECTION 2.02.

(a) Except as otherwise provided in this charter, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified.

(b) No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for one year prior to the date of the election of mayor and councilmembers. Each shall continue to reside therein during such member's period of service and continue to be registered and eligible to vote in municipal elections of the city.

(c) No person shall be eligible to serve as mayor or councilmember if he or she has served more than 12 consecutive years as either mayor or as a councilmember. Any person who has served 12 consecutive years as either mayor or as a councilmember shall not again be eligible to be elected to either the office of mayor or councilmember until after the expiration of eight years from the conclusion of their last term of office. No person shall be eligible to serve as mayor or councilmember if he or she has served a total of more than 20 years as either mayor or as a councilmember. This subsection shall apply to any incumbent in office at the time this section becomes effective and all prior service of any incumbent shall be counted toward this term limit; provided, however, that if an incumbent has served more than 12 consecutive or 20 cumulative years as either mayor or as a councilmember such incumbent shall be allowed to serve out the remainder of the current term to which such incumbent was elected."

SECTION 4.

Said Act is further amended by adding a new section to read as follows: "SECTION 2.09A.

(a) Every ordinance adopted by the city council shall be presented promptly by the city council to the mayor.

(b) The mayor shall have the right to veto any ordinance that was approved by the city council.

(c) The mayor, within ten calendar days of receipt of an ordinance subject to a veto, shall return it to the city council with or without the mayor's approval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city council. If the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council a written statement of the mayor's reasons for the veto. The city council shall record upon the ordinance the date of its delivery to and receipt from the mayor.

(d) Ordinances vetoed by the mayor shall be considered by the city council at its next meeting and, should the city council then or at its next general meeting adopt the ordinance by the affirmative vote of at least four members, it shall become law and shall not be subject to any further veto by the mayor."

SECTION 5.

Said Act is further amended by revising Section 5.02 as follows: "SECTION 5.02.

Regular elections.

(a)(1) For purposes of electing members of the city council, the city is divided into four districts. One member of the city council shall be elected from each such district. The four 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 'User: HD 21 Plan: HollySprings-dist-2026 Plan Type: Local'. (2)(A) For the purposes of such plan:

(i) The term 'VTD' 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 2020 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2020 for the State of Georgia; and

(ii) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2020 for the State of Georgia.

(B) Any part of the City of Holly Springs which is not included in any district described in paragraph (1) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2020 for the State of Georgia.

(3) Except for incorporated islands of the City of Holly Springs, any part of the City of Holly Springs which is described in paragraph (1) of this subsection as being included 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 2020 for the State of Georgia. (4)(A) Those members of the city council who are serving as such on the effective date of this Act 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. (B)(i) District 5, as it exists immediately prior to the effective date of this Act, shall be designated as District 1, but as newly described under this Act, and on and after the effective date of this Act, the councilmember serving from that former district shall be deemed to be serving from and representing his or her district as newly described under this Act and the successor to such member shall be elected at the 2028 municipal general election to a four-year term of office.

(ii) The initial councilmember elected from District 2 as newly described under this Act shall be elected at the 2026 municipal general election to a four-year term of office.

(iii) District 3, as it exists immediately prior to the effective date of this Act, shall continue to be designated as District 3, but as newly described under this Act, and on and after the effective date of this Act, the councilmember serving from that former district shall be deemed to be serving from and representing his or her district as newly described under this Act and the successor to such member shall be elected at the 2028 municipal general election to a four-year term of office.

(iv) District 4, as it exists immediately prior to the effective date of this Act, shall continue to be designated as District 4, but as newly described under this Act, and on and after the effective date of this Act, the initial councilmember elected from District 4 as newly described under this Act shall be elected at the 2026 municipal general election to a four-year term of office.

(v) The two initial at-large councilmembers shall be elected at the 2028 municipal general election. One of the initial at-large councilmembers shall be elected to a four-year term of office. The other initial at-large councilmember shall be elected to a two-year term of office; and the successors to such member shall be elected to four-year terms of office, and until their successors are elected and qualified."

SECTION 6.

(a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

(b) The provisions of Sections 2 and 5 of this Act necessary to conduct elections for the members of the mayor and city council in 2026 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of Sections 2 and 5 of this Act shall become effective on January 1, 2027.

(c) Section 1 of this Act shall become effective on January 1, 2027.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed. APPENDIX A

User: HD21

Plan Name: HollySprings-cityrev-2026 Plan Type: Local

District HOLLYSPRINGS

County Cherokee GA

VTD BRADSHAW

Block 090808

2000 2011 3010

VTD HICKORY FLAT

Block 090807

1000 1001 1002 1003 1004 1005 1008 1009 1010 1014 1015 1016 1017 1019 1020 1021 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3002 3004 3005 3006 3007 3008 3010 3012 3013 3014 3015 3019 3020 3022 3023 3024 3025 3026 3028 3029 3030 3031 3032 3033 3034 3035 3036 Block 090808

3002 3005

VTD HOLLY SPRINGS

Block 090703

1002 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 2000 2001 2002 2003 2004 2006 2007 2008 2011 2012 2013 2015 2018 2019 2020 2021 2023 2024 3003 3004 3005 3006 3008 3009 3020 3023 3024 3025 3028 Block 090704

2005 2006 2013

VTD LIBERTY

Block 090707

2003 2004 2005 2006

Block 090710

1000 1002 1003 1004 1005 1006 1008 1009 1011 1012 1013 2000 2001 2003 2007

VTD SIXES

Block 090709

1000

Block 090710

3001 3004 3014 3015

VTD TOONIGH

Block 090703

2025 2026 2029 2032 2034

Block 090704

2012 2014

Block 090709

1001 1003 1019 1021 1023 1024 1025 1027 1029 1035 1036 Block 090806

2003 2004 2005 2007 2008

VTD UNIVETER

Block 090603

1007

Block 090606

3003 3004

VTD WILDCAT

Block 090703

3027 3029

Block 090704

1000 1004 1005 1006 1009 1010 1011 1013 1017 1019 2000 2002 2003 2017

Block 090807

1011

Block 090808

2003

APPENDIX B

User: HD21

Plan Name: HollySprings-dist-2026 Plan Type: Local

District 001

County Cherokee GA

VTD HOLLY SPRINGS

Block 090703

1002 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 1018 1019 1020 1021 1022 1023 1024 2000 2001 2002 2003 2004 2006 2007 2008 2020

Block 090704

2005

VTD LIBERTY

Block 090707

2003 2004 2005 2006

Block 090710

2000 2001 2003

VTD WILDCAT

Block 090704

1005 1006 1009 1010 1011 1013 1017 1019 2000 2002 2003 2017 District 002

County Cherokee GA

VTD BRADSHAW

Block 090808

2000 3010

VTD HICKORY FLAT

Block 090807

1001 1002 1016 1017 1019 1021 2004 2005 2006 2012 2014 2015 2016 2017 3002 3004 3005 3006 3007 3008 3010 3012 3013 3014 3015 3019 3020 3022 3023 3024 3025 3026 3028 3029 3030 3031 3032 3033 3034 3035 3036

Block 090808

3002 3005

VTD UNIVETER

Block 090603

1007

Block 090606

3003 3004

District 003

County Cherokee GA

VTD BRADSHAW

Block 090808

2011

VTD HICKORY FLAT

Block 090807

1000 1003 1004 1005 1008 1009 1010 1014 1015 1020 2007 2008 2009 2010 2011 2013

VTD HOLLY SPRINGS

Block 090703

3003 3004 3005 3006 3008 3009 3020 3023 3024 3025 3028 VTD WILDCAT

Block 090703

3027 3029

Block 090704

1000 1004

Block 090807

1011

Block 090808

2003

District 004

County Cherokee GA

VTD HOLLY SPRINGS

Block 090703

2011 2012 2013 2015 2018 2019 2021 2023 2024 Block 090704

2006 2013

VTD LIBERTY

Block 090710

1000 1002 1003 1004 1005 1006 1008 1009 1011 1012 1013 2007 VTD SIXES

Block 090709

1000

Block 090710

3001 3004 3014 3015

VTD TOONIGH

Block 090703

2025 2026 2029 2032 2034

Block 090704

2012 2014

Block 090709

1001 1003 1019 1021 1023 1024 1025 1027 1029 1035 1036 Block 090806

2003 2004 2005 2007 2008