HB1029: HB1029 Holly Springs, City of; revise boundaries

26 HB 1029/AP 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 Sp rings in the County of1 Cherokee, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, so as to revise the2 boundaries of the city; to provide that the city council shall be composed of six instead of3 five members; to provide for term limits; to provide for a mayoral veto; to provide new city4 council district boundaries; to provide for definitions and inc lusions; to provide for5 continuation in office of the current councilmembers; to provid e effective dates; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 An Act creating a new charter for the City of Holly Springs in the County of Cherokee,10 approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, is amended by revising11 Section 1.02 as follows:12 H. B. 1029 - 1 - 26 HB 1029/AP "SECTION 1.02.13 Corporate boundaries.14 (a)(1) The boundaries of this city shall be those described in described in Appendix A15 attached to and made a part of this charter and further identif ied as 'User: HD 21 Plan16 Name: HollySprings-cityrev-2026 Plan Type: Local', with such al terations as may be17 made from time to time in the manner provided by general state law. 18 (2) For the purposes of such plan:19 (A) The term 'VTD' shall mean and describe the same geographic al boundaries as20 provided in the report of the Bureau of the Census for the Unit ed States decennial21 census of 2020 for the State of Georgia. The separate numeric designations in a district22 description which are underneath a VTD heading shall mean and d escribe individual23 Blocks within a VTD as provided in the report of the Bureau of the Census for the24 United States decennial census of 2020 for the State of Georgia; and25 (B) Except as otherwise provi ded in the description of any dis trict, whenever the26 description of any district refers to a named city, it shall me an the geographical27 boundaries of that city a s shown on the census maps for the Uni ted States decennial28 census of 2020 for the State of Georgia.29 (b) The boundaries of this city at all times shall be shown on a map, a written description30 or any combination thereof, to be retained permanently in the office of the clerk and to be31 designated, as the case may be: Official Map (or Description) of the Corporate Limits of32 the City of Holly Springs, Georgia. Photographic, typed, or oth er copies of such map or33 description certified by the clerk shall be admitted as evidence in all courts and shall have34 the same force and effect as with the original map or description.35 (c) The city council may provide for the redrawing of any such map by ordinance to reflect36 lawful changes in the corporate boundaries. A redrawn map shal l supersede for all37 purposes the earlier map or maps which it is designated to replace."38 H. B. 1029 - 2 - 26 HB 1029/AP SECTION 2.39 Said Act is further amended by revising Section 2.01 as follows:40 "SECTION 2.01.41 City council creation; composition; number; election. 42 Except as otherwise specifically provided in this charter, the legislative authority of the43 government of this city shall be vested in a city council to be composed of a mayor and six44 councilmembers. The mayor and councilmembers shall be elected in the manner provided45 by Article V of this charter. The mayor and two councilmembers shall be elected by the46 voters of the city at-large. Four councilmembers shall be elec ted from the districts47 provided for in Section 5.02 of this charter."48 SECTION 3.49 Said Act is further amended by revising Section 2.02 as follows:50 "SECTION 2.02.51 (a) Except as otherwise provided in this charter, the members of the city council shall52 serve for terms of four years and until their respective successors are elected and qualified. 53 (b) No person shall be eligible to serve as mayor or councilmember unless he or she shall54 have been a resident of the city for one year prior to the date of the election of mayor and55 councilmembers. Each shall continue to reside therein during s uch member's period of56 service and continue to be registered and eligible to vote in municipal elections of the city.57 (c) No person shall be eligible to serve as mayor or councilmember if he or she has served58 more than 12 consecutive years as either mayor or as a councilmember. Any person who59 has served 12 consecutive years as either mayor or as a councilmember shall not again be60 eligible to be elected to either the office of mayor or council member until after the61 H. B. 1029 - 3 - 26 HB 1029/AP expiration of eight years from the conclusion of their last term of office. No person shall62 be eligible to serve as mayor or councilmember if he or she has served a total of more63 than 20 years as either mayor or as a councilmember. This subsection shall apply to any64 incumbent in office at the time this section becomes effective and all prior service of any65 incumbent shall be counted toward this term limit; provided, however, that if an incumbent66 has served more than 12 consecutive or 20 cumulative years as e i t h e r m a y o r o r a s a67 councilmember such incumbent shall be allowed to serve out the remainder of the current68 term to which such incumbent was elected."69 SECTION 4.70 Said Act is further amended by adding a new section to read as follows:71 "SECTION 2.09A.72 (a) Every ordinance adopted by the city council shall be prese nted promptly by the city73 council to the mayor.74 (b) The mayor shall have the right to veto any ordinance that was approved by the city75 council.76 (c) The mayor, within ten calendar days of receipt of an ordinance subject to a veto, shall77 return it to the city council with or without the mayor's approval. If the ordinance has been78 approved by the mayor, it shall become law upon its return to t he city council. If the79 ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the80 tenth calendar day after its adoption. If the ordinance is dis approved, the mayor shall81 submit to the city council a written statement of the mayor's reasons for the veto. The city82 council shall record upon the ordinance the date of its deliver y to and receipt from the83 mayor.84 (d) Ordinances vetoed by the mayor shall be considered by the city council at its next85 meeting and, should the city council then or at its next general meeting adopt the ordinance86 H. B. 1029 - 4 - 26 HB 1029/AP by the affirmative vote of at least four members, it shall beco me law and shall not be87 subject to any further veto by the mayor."88 SECTION 5.89 Said Act is further amended by revising Section 5.02 as follows:90 "SECTION 5.02.91 Regular elections.92 (a)(1) For purposes of electing members of the city council, the city is divided into four93 districts. One member of the city council shall be elected from each such district. The94 four districts shall be and correspond to those four numbered districts described in and95 attached to and made a part of this Act and further identified as 'User: HD 21 Plan:96 HollySprings-dist-2026 Plan Type: Local'.97 (2)(A) For the purposes of such plan:98 (i) The term 'VTD' shall mean and describe the same geographic al boundaries as99 provided in the report of the Bureau of the Census for the Unit ed States decennial100 census of 2020 for the State of Georgia. The separate numeric designations in a101 district description which are underneath a VTD heading shall m ean and describe102 individual Blocks within a VTD as provided in the report of the Bureau of the Census103 for the United States decennial census of 2020 for the State of Georgia; and104 (ii) Except as otherwise provided in the description of any di strict, whenever the105 description of any district refers to a named city, it shall me an the geographical106 boundaries of that city as shown on the census maps for the United States decennial107 census of 2020 for the State of Georgia.108 (B) Any part of the City of Holly Springs which is not include d in any district109 described in paragraph (1) of this subsection shall be included within that district110 H. B. 1029 - 5 - 26 HB 1029/AP contiguous to such part which contains the least population acc ording to the United111 States decennial census of 2020 for the State of Georgia.112 (3) Except for incorporated islands of the City of Holly Springs, any part of the City of113 Holly Springs which is described in paragraph (1) of this subsection as being included in114 a particular district shall nevertheless not be included within such district if such part is115 not contiguous to such district. Such noncontiguous part shall instead be included within116 that district contiguous to such part which contains the least population according to the117 United States decennial census of 2020 for the State of Georgia.118 (4)(A) Those members of the city council who are serving as such on the effective date119 of this Act and any person selected to fill a vacancy in any such office shall continue120 to serve as such members until the regular expiration of their respective terms of office121 and upon the election and qualification of their respective successors.122 (B)(i) District 5, as it exists immediately prior to the effective date of this Act, shall123 be designated as District 1, but as newly described under this Act, and on and after the124 effective date of this Act, the councilmember serving from that former district shall125 be deemed to be serving from and representing his or her district as newly described126 under this Act and the successor to such member shall be electe d at the 2028127 municipal general election to a four-year term of office.128 (ii) The initial councilmember elected from District 2 as newly described under this129 Act shall be elected at the 2026 municipal general election to a four-year term of130 office.131 (iii) District 3, as it exists immediately prior to the effect ive date of this Act, shall132 continue to be designated as District 3, but as newly described under this Act, and on133 and after the effective date of this Act, the councilmember serving from that former134 district shall be deemed to be serving from and representing hi s or her district as135 newly described under this Act and the successor to such member shall be elected at136 the 2028 municipal general election to a four-year term of office.137 H. B. 1029 - 6 - 26 HB 1029/AP (iv) District 4, as it exists immediately prior to the effecti ve date of this Act, shall138 continue to be designated as District 4, but as newly described under this Act, and on139 and after the effective date of this Act, the initial councilme mber elected from140 District 4 as newly described under this Act shall be elected a t the 2026 municipal141 general election to a four-year term of office.142 (v) The two initial at-large councilmembers shall be elected a t the 2028 municipal143 general election. One of the initial at-large councilmembers s hall be elected to a144 four-year term of office. The other initial at-large councilmember shall be elected to145 a two-year term of office; and the successors to such member sh all be elected to146 four-year terms of office, and until their successors are elected and qualified."147 SECTION 6.148 (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall149 become effective upon its approval by the Governor or upon its becoming law without such150 approval.151 (b) The provisions of Sections 2 and 5 of this Act necessary t o conduct elections for the152 members of the mayor and city council in 2026 shall become effective upon the approval of153 this Act by the Governor or upon its becoming law without such approval. The remaining154 provisions of Sections 2 and 5 of this Act shall become effective on January 1, 2027.155 (c) Section 1 of this Act shall become effective on January 1, 2027.156 SECTION 7.157 All laws and parts of laws in conflict with this Act are repealed.158 H. B. 1029 - 7 - 26 HB 1029/AP APPENDIX A159 User: HD21 160 Plan Name: HollySprings-cityrev-2026 161 Plan Type: Local 162 District HOLLYSPRINGS163 County Cherokee GA 164 VTD BRADSHAW165 Block 090808 166 2000 2011 3010 167 VTD HICKORY FLAT168 Block 090807 169 1000 1001 1002 1003 1004 1005 1008 1009 1010 1014 1015 1016170 1017 1019 1020 1021 2004 2005 2006 2007 2008 2009 2010 2011171 2012 2013 2014 2015 2016 2017 3002 3004 3005 3006 3007 3008172 3010 3012 3013 3014 3015 3019 3020 3022 3023 3024 3025 3026173 3028 3029 3030 3031 3032 3033 3034 3035 3036 174 Block 090808 175 3002 3005 176 VTD HOLLY SPRINGS177 Block 090703 178 1002 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 1018179 1019 1020 1021 1022 1023 1024 2000 2001 2002 2003 2004 2006180 2007 2008 2011 2012 2013 2015 2018 2019 2020 2021 2023 2024181 3003 3004 3005 3006 3008 3009 3020 3023 3024 3025 3028 182 Block 090704 183 H. B. 1029 - 8 - 26 HB 1029/AP 2005 2006 2013 184 VTD LIBERTY185 Block 090707 186 2003 2004 2005 2006 187 Block 090710 188 1000 1002 1003 1004 1005 1006 1008 1009 1011 1012 1013 2000189 2001 2003 2007 190 VTD SIXES191 Block 090709 192 1000 193 Block 090710 194 3001 3004 3014 3015 195 VTD TOONIGH196 Block 090703 197 2025 2026 2029 2032 2034 198 Block 090704 199 2012 2014 200 Block 090709 201 1001 1003 1019 1021 1023 1024 1025 1027 1029 1035 1036 202 Block 090806 203 2003 2004 2005 2007 2008 204 VTD UNIVETER205 Block 090603 206 1007 207 Block 090606 208 3003 3004 209 VTD WILDCAT210 H. B. 1029 - 9 - 26 HB 1029/AP Block 090703 211 3027 3029 212 Block 090704 213 1000 1004 1005 1006 1009 1010 1011 1013 1017 1019 2000 2002214 2003 2017 215 Block 090807 216 1011 217 Block 090808 218 2003 219 H. B. 1029 - 10 - 26 HB 1029/AP APPENDIX B220 User: HD21 221 Plan Name: HollySprings-dist-2026 222 Plan Type: Local 223 District 001224 County Cherokee GA 225 VTD HOLLY SPRINGS226 Block 090703 227 1002 1005 1006 1007 1008 1009 1010 1011 1012 1016 1017 1018228 1019 1020 1021 1022 1023 1024 2000 2001 2002 2003 2004 2006229 2007 2008 2020 230 Block 090704 231 2005 232 VTD LIBERTY233 Block 090707 234 2003 2004 2005 2006 235 Block 090710 236 2000 2001 2003 237 VTD WILDCAT238 Block 090704 239 1005 1006 1009 1010 1011 1013 1017 1019 2000 2002 2003 2017240 District 002241 County Cherokee GA 242 VTD BRADSHAW243 Block 090808 244 H. B. 1029 - 11 - 26 HB 1029/AP 2000 3010 245 VTD HICKORY FLAT246 Block 090807 247 1001 1002 1016 1017 1019 1021 2004 2005 2006 2012 2014 2015248 2016 2017 3002 3004 3005 3006 3007 3008 3010 3012 3013 3014249 3015 3019 3020 3022 3023 3024 3025 3026 3028 3029 3030 3031250 3032 3033 3034 3035 3036 251 Block 090808 252 3002 3005 253 VTD UNIVETER254 Block 090603 255 1007 256 Block 090606 257 3003 3004 258 District 003259 County Cherokee GA 260 VTD BRADSHAW261 Block 090808 262 2011 263 VTD HICKORY FLAT264 Block 090807 265 1000 1003 1004 1005 1008 1009 1010 1014 1015 1020 2007 2008266 2009 2010 2011 2013 267 VTD HOLLY SPRINGS268 Block 090703 269 3003 3004 3005 3006 3008 3009 3020 3023 3024 3025 3028 270 H. B. 1029 - 12 - 26 HB 1029/AP VTD WILDCAT271 Block 090703 272 3027 3029 273 Block 090704 274 1000 1004 275 Block 090807 276 1011 277 Block 090808 278 2003 279 District 004280 County Cherokee GA 281 VTD HOLLY SPRINGS282 Block 090703 283 2011 2012 2013 2015 2018 2019 2021 2023 2024 284 Block 090704 285 2006 2013 286 VTD LIBERTY287 Block 090710 288 1000 1002 1003 1004 1005 1006 1008 1009 1011 1012 1013 2007289 VTD SIXES290 Block 090709 291 1000 292 Block 090710 293 3001 3004 3014 3015 294 VTD TOONIGH295 Block 090703 296 H. B. 1029 - 13 - 26 HB 1029/AP 2025 2026 2029 2032 2034 297 Block 090704 298 2012 2014 299 Block 090709 300 1001 1003 1019 1021 1023 1024 1025 1027 1029 1035 1036 301 Block 090806 302 2003 2004 2005 2007 2008303 H. B. 1029 - 14 -