§ 3. Election of mayor and aldermen; terms of office; mayor pro tem.
(a)
On the first Wednesday in April, 1992, there shall be conducted an election for the purpose of electing three aldermen of the City of Fort Valley as provided in subsection (e) of this section. Thereafter the municipal election for the City of Fort Valley shall be conducted upon the Tuesday next following the first Monday in November, 1993, and on such day biennially thereafter. All primaries and elections in the city shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A. [O.C.G.A. § 21-3-1 et seq., now repealed], the "Georgia Municipal Election Code." Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations.
(b)
No person shall hold the office of alderman or mayor of the city if that person is ineligible for such office pursuant to O.C.G.A. § 45-2-1 or any other general law.
(c)
For purposes of each municipal election conducted after January 1, 1992, to fill an expiring term in the office of alderman, the six aldermen of the city shall be elected to numbered posts designated as Posts 1, 2, 3, 4, 5, and 6. Each person thereafter seeking election as alderman shall designate, at the time of qualifying for election to that office, the post to which that person seeks election. A person thereafter elected as alderman to Post 1 or Post 2 shall have been a resident of the East Ward, as described in subsection (d) of this section, for at least six months immediately prior to such person's election, shall continue to reside in that ward during that person's term of office, and shall have received a majority of the votes cast in only the East Ward. A person thereafter elected as alderman to Post 5 or Post 6 shall have been a resident of the West Ward, as described in subsection (d) of this section, for at least six months immediately prior to such person's election, shall continue to reside in that ward during that person's term of office, and shall have received a majority of the votes cast in only the West Ward. A person thereafter elected as alderman to Post 3 or Post 4 shall have resided in the city for at least 12 months prior to such election and shall have received a majority of the votes cast in the city at large.
(d)
(1)
For purposes of electing aldermen, the City of Fort Valley shall be divided into two wards.
The East Ward shall consist of the following Census Blocks:
Tract 040101 1020 1041 1046 1075 1093 1099 1132 1139 1021 1042 1050 1076 1094 1102 1135 1140 1022 1043 1072 1083 1096 1104 1136 1141 1024 1044 1073 1084 1097 1105 1137 1142 1039 1045 1074 1085 1098 1131 1138 Tract 040200 1041 1080 1098 1120 2008 2050 2063 2091 1058 1083 1099 1121 2009 2051 2064 2092 1059 1084 1100 1122 2010 2052 2065 2095 1060 1085 1101 1123 2014 2053 2066 2096 1061 1086 1103 2000 2015 2054 2067 2097 1062 1087 1104 2001 2031 2055 2068 1064 1088 1105 2002 2044 2057 2073 1065 1092 1106 2003 2045 2058 2074 1066 1094 1113 2004 2046 2059 2075 1075 1095 1114 2005 2047 2060 2076 1076 1096 1116 2006 2048 2061 2077 1077 1097 1117 2007 2049 2062 2078 Tract 040301 1024 1025 1082 1083 1087 1088 1089 Tract 040302 1051 1061 1062 1063 Tract 040400 1000 1011 2001 2011 2021 2031 2041 2051 1001 1012 2002 2012 2022 2032 2042 2052 1002 1013 2003 2013 2023 2033 2043 2053 1003 1035 2004 2014 2024 2034 2044 2054 1004 1036 2005 2015 2025 2035 2045 2055 1006 1045 2006 2016 2026 2036 2046 2056 1007 1046 2007 2017 2027 2037 2047 2057 1008 1047 2008 2018 2028 2038 2048 2058 1009 1093 2009 2019 2029 2039 2049 2059 1010 2000 2010 2020 2030 2040 2050 The West Ward will consist of the following United States Census Blocks:
Tract 040200 1102 1107 1108 1109 1110 1111 1112 1115 2069 2070 2071 2072 2093 2094 Tract 040301 1027 1040 1076 1085 2005 2012 2019 2026 1028 1041 1077 1086 2006 2013 2020 2027 1033 1049 1078 2000 2007 2014 2021 2028 1034 1050 1079 2001 2008 2015 2022 2029 1037 1062 1080 2002 2009 2016 2023 2030 1038 1064 1081 2003 2010 2017 2024 2031 1039 1065 1084 2004 2011 2018 2025 2032 Tract 040302 1000 1005 1016 1028 1033 1038 1043 1052 1001 1006 1017 1029 1034 1039 1044 1053 1002 1007 1018 1030 1035 1040 1045 1054 1003 1014 1026 1031 1036 1041 1049 1056 1004 1015 1027 1032 1037 1042 1050 1057 Tract 040400 1014 1015 1016 1017 1037 1038 1041 1042 1048 1050 (2)
Any part of the city which is not included in a ward described in paragraph (1) of this subsection shall be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. The governing authority of the city shall be authorized to reapportion those wards following the publication of the United States decennial census of 1990 or any future such census as provided in O.C.G.A. § 36-35-4.1.
(e)
Those three aldermen who were elected to such offices at the municipal election in 1988, and any person appointed to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire upon the election of their successors at the municipal election in April, 1992, and upon the qualification of those successors. Those successors shall be the first aldermen elected to Posts 1, 3, and 5, shall be elected at the municipal election in 1992, shall take office at the first regular meeting of the mayor and aldermen immediately following that election, and shall serve for an initial term of office which expires December 31, 1997, and upon the election and qualification of their respective successors.
(f)
Those three aldermen who were elected to such offices at the municipal election in 1990, and any person appointed to fill a vacancy in such office, shall continue to serve out their terms of office, which shall expire December 31, 1995, and upon the election and qualification of their successors. Those successors shall be the first aldermen elected to Posts 2, 4, and 6, shall be elected at the municipal election in 1995, shall take office on the first day of January immediately following that election, and shall serve for an initial term of office which expires December 31, 1999, and upon the election and qualification of their respective successors.
(g)
The mayor who was elected at the municipal election in 1990 shall continue to serve out that person's term of office which shall expire December 31, 1993, and upon the election and qualification of a successor. That successor shall be elected at the municipal election in 1993, shall take office on the first day of January immediately following that election, and shall serve for an initial term of office which expires December 31, 1997, and upon the election and qualification of a successor. The mayor shall be elected by a majority of the votes cast in the city at large.
(h)
After the initial terms of office provided in subsections (e), (f), and (g) of this section, successors to the mayor and aldermen whose terms of office are to expire shall be elected at the municipal election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their elections for terms of four years each and until their respective successors are elected and qualified.
(i)
Those aldermen in office on January 1, 1991, and any person appointed to fill a vacancy in such office, shall be deemed to be serving in posts, only for purposes of determining their successors in office, as follows:
Mr. Ernest Anderson Post 1 Mr. Norman Fitzgerald Post 2 Ms. Beth Collins Post 3 Mr. Joe Evans Post 4 Mr. Newt Jordan Post 5 Mr. Wilbur Spillers Post 6 (j)
From January 1, 1992, until the first regular meeting following the 1992 municipal election, the aldermen of the City of Fort Valley shall be those aldermen in office immediately prior to January 1, 1992. From the first regular meeting following the 1992 municipal election until December 31, 1995, the aldermen of the city shall be the three aldermen elected to Posts 1, 3, and 5 pursuant to subsection (e) of this section and those incumbent aldermen whose terms of office expire in 1995, as provided in subsection (f) of this section. On and after January 1, 1996, the aldermen of the city shall be those aldermen elected to numbered posts as provided in this section.
(k)
At the first meeting of the mayor and alderman immediately following each municipal election conducted after January 1, 1992, or as soon thereafter as practicable, one of said aldermen shall be chosen mayor pro tem for a term of two years.
(l)
No person shall be appointed to fill a vacancy for an unexpired term of office of any alderman or utilities commissioner who was elected to a numbered post unless that person meets the residency requirements for that post.
(m)
All city elections shall be decided by a plurality of the votes cast.
(1965 Ga. Laws (Act No. 192), page 2526, § 2; 1991 Ga. Laws (Act No. 74), page 3701, § 1; Res. No. 04-0920-50, 9-20-2004; Ord. No. 15-0416-26, 5-21-2015; Ord. No. 15-0618-31, 6-18-2015)
State law reference
Date of general municipal election, O.C.G.A. § 21-2-9(b); filing notice of candidacy, O.C.G.A. § 21-2-132; Charter may govern vote required, O.C.G.A. § 21-2-501.
Charter reference
Utility commission, § 28A.
Editor's note
The act approved March 24, 1965 (1965 Ga. Laws, 1965 (Act No. 192), page 2526) amended the city Charter to provide for election of councilmen and utility commissioners to specified posts and to require a majority vote for their election as well as for the election of the mayor. On May 13, 1974, the U.S. Department of Justice, acting pursuant to Section 5 of the Voting Rights Acts of 1965, refused to sanction the implementation of these provisions. Subsequent municipal elections before the 1991 amendment were conducted on a nonpost, plurality basis.