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HB1569.html
02 LC 22 4837S
House Bill 1569 (COMMITTEE
SUBSTITUTE)
By: Representative Hudson of the
156th
A BILL TO BE
ENTITLED
AN ACT
To amend an Act creating a Board of Commissioners of Ben
Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended,
particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3753), so as to
change the description of commissioner districts; to provide for the completion
of terms of office; to continue staggered terms of office; to provide for
certain submissions; 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 Board of Commissioners of Ben Hill County,
approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an
Act approved April 4, 1991 (Ga. L. 1991, p. 3753), is amended by striking
subsections (a), (b), and (f) of Section 1 and inserting in lieu thereof the
following:
"(a)
Those members of the Board of Commissioners of Ben Hill County who are serving
as such on December 31, 2001, 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. On and after January 1, 2003, the Board of
Commissioners of Ben Hill County shall consist of five members all of whom shall
be elected from commissioner districts described in subsection (b) of this
section.
(b) For the purposes of electing members of
the board of commissioners, Ben Hill County is divided into three commissioner
districts, each of which shall consist of the territory within the following
bounds:
Commissioner District No. 1: All that portion
of Ben Hill County, Georgia, lying East of a line described as beginning at the
intersection of the line dividing Ben Hill and Irwin Counties and the
right-of-way of U. S. Highway 129, thence running in a Northerly direction
along the right-of-way of U. S. Highway 129 to its intersection with the
right-of-way of the mainline of CSX Railroad in the City of Fitzgerald, Georgia;
thence running West along the right-of-way of the CSX Railroad to the
intersection thereof with Redwood Road; thence running North along the
right-of-way of Redwood Road to its intersection with the right-of-way of Lower
Rebecca Road; thence running East along the right-of-way of Lower Rebecca Road
to its intersection with the right-of-way of North Merrimac Drive; thence South
along the right-of-way of North Merrimac Drive to the right-of-way of West
Sultana Drive in the City of Fitzgerald, Georgia, thence running East along the
right-of-way line of West Sultana Drive to the right right-of-way of U. S.
Highway 129; thence running North along the right-of-way of U. S. Highway
129 to its intersection with the right-of-way of Bush Avenue; thence South along
the right-of-way of Bush Avenue to its intersection with the North line of
Golden Acres Subdivision (which is also the city limits line of the City of
Fitzgerald); thence East along the North line of Golden Acres Subdivision to the
Northeast corner of said subdivision; thence South along the East line of Golden
Acres Subdivision (which is also the city limits line of the City of Fitzgerald)
to its intersection with the North line of Middlebrook Subdivision; thence East
along the North line of Middlebrook Subdivision and the extension of said North
line (which is also the city limits line of the City of Fitzgerald) to its
intersection with Jefferson Street; thence South along the right-of-way of
Jefferson Street to the intersection thereof with Snowden Road; thence running
East along the right-of-way of Snowden Road (SR-173) approximately 1 1/2
miles to the Eastern end of Snowden Road; thence running North along Snowden
Road to its intersection with Delta Road (Co. Rd. 26); thence running East along
the right-of-way of Delta Road (Co. Rd. 26) to its intersection with the
right-of-way of Camp Brooklyn Road (Co. Rd. 11); thence running in a Northerly
direction along the right-of-way of Camp Brooklyn Road (Co. Rd. 11) to its
intersection with the right-of-way of Lulaville Road (Co. Rd. 199); thence
running West along the right-of-way of Lulaville Road (Co. Rd. 199) to the
right-of-way of U. S. Highway 129; thence running North along the
right-of-way of U. S. Highway 129 to its intersection with the Northern
County Line of Ben Hill County.
Commissioner District
No. 2: This district shall constitute all the territory of Ben Hill County,
Georgia, and shall be an at-large
district.
Commissioner District No. 3: All that
portion of Ben Hill County, Georgia, lying West of a line described as beginning
at the intersection of the line dividing Ben Hill and Irwin Counties and the
right-of-way of U. S. Highway 129; thence running in a Northerly direction
along the right-of-way of U. S. Highway 129 to the intersection with the
right-of-way of the CSX Railroad in the City of Fitzgerald, Georgia; thence
running West along the right-of-way of the CSX Railroad to the intersection
thereof with Redwood Road; thence running North along the right-of-way of
Redwood Road to its intersection with the right-of-way of Lower Rebecca Road;
thence running East along the right-of-way of Lower Rebecca Road to its
intersection with the right-of-way of North Merrimac Drive; thence South along
the right-of-way of North Merrimac Drive to the right-of-way of West Sultana
Drive in the City of Fitzgerald, Georgia, thence running East along the
right-of-way line of West Sultana Drive to the right right-of-way of U. S.
Highway 129; thence running North along the right-of-way of U. S. Highway
129 to its intersection with the right-of-way of Bush Avenue; thence South along
the right-of-way of Bush Avenue to its intersection with the North line of
Golden Acres Subdivision (which is also the city limits line of the City of
Fitzgerald); thence East along the North line of Golden Acres Subdivision to the
Northeast corner of said subdivision; thence South along the East line of Golden
Acres Subdivision (which is also the city limits line of the City of Fitzgerald)
to its intersection with the North line of Middlebrook Subdivision; thence East
along the North line of Middlebrook Subdivision and the extension of said North
line (which is also the city limits line of the City of Fitzgerald) to its
intersection with Jefferson Street; thence South along the right-of-way of
Jefferson Street to the intersection thereof with Snowden Road; thence running
East along the right-of-way of Snowden Road (SR-173) approximately 1 1/2
miles to the Eastern end of Snowden Road; thence running North along Snowden
Road to its intersection with Delta Road (Co. Rd. 26); thence running East along
the right-of-way of Delta Road (Co. Rd. 26) to its intersection with the
right-of-way of Camp Brooklyn Road (Co. Rd. 11); thence running in a Northerly
direction along the right-of-way of Camp Brooklyn Road (Co. Rd. 11) to its
intersection with the right-of-way of Lulaville Road (Co. Rd. 199); thence
running West along the right-of-way of Lulaville Road (Co. Rd. 199) to the
right-of-way of U. S. Highway 129; thence running North along the
right-of-way of U. S. Highway 129 to its intersection with the Northern
County Line of Ben Hill County.
(b.1) Commissioner
Districts 1 and 3, as they exist on December 31, 2001, shall continue to be
designated as Commissioner Districts 1 and 3, respectively, but as newly
described in this Act, and on and after January 1, 2003, such members of the
board serving from those former commissioner districts shall be deemed to be
serving from and representing their respective districts as newly described by
this Act."
"(f) At the
November general election in 2002, members shall be elected to represent Post 2
of District 1 and Post 1 of District 3 for terms of office of four years
beginning on January 1, 2003, and until their respective successors are elected
and qualified. At the November general election in 2004, members shall be
elected to represent Post 1 of District 1, District 2, and Post 2 of District 3
for terms of office of four years beginning on January 1, 2005, and until their
respective successors are elected and
qualified."
SECTION 2.
It shall be the duty of the attorney of the Board of
Commissioners of Ben Hill County to submit this Act for approval pursuant to
Section 5 of the federal Voting Rights Act of 1965, as
amended.
SECTION 3.
This section and Section 2 of this Act and those provisions
of this Act necessary for the election of members of the Board of Commissioners
of Ben Hill County in 2002 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,
2003.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.