Georgia House of Representatives - 1995/1996 Sessions

HB 819 - Avondale Estates, City of; bd of mayor and commissioners

Page Numbers - 1/ 2/ 3

1. Polak  67th            2. Henson  65th            3. Jones  71st
4. O'Neal  75th           5. Williams  63rd          6. Baker  70th


House Comm: LLeg       /                Senate Comm: SLGO       /               
House Vote: Yeas 93    Nays 13          Senate Vote: Yeas 50  Nays 0            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              2/21/95  Read 1st Time         2/28/95                            
              2/22/95  Read 2nd Time                                            
              2/27/95  Favorably Reported    3/6/95                             
              2/27/95  Read 3rd Time                                            
              2/27/95  Passed/Adopted        3/6/95                             
              3/13/95  Sent to Governor                                         
              3/14/95  Signed by Governor                                       
              8        Act/Veto Number                                          
              3/14/95  Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended:                                                          


HB 819                                            LC 16 4147






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend an Act creating the City of Avondale Estates,
  1- 2  approved August 25, 1926 (Ga. L. 1926, p. 813), as amended,
  1- 3  so as to change certain provisions relating to the election
  1- 4  of the Board of Mayor and Commissioners of Avondale Estates;
  1- 5  to provide for the election of commissioners and the mayor;
  1- 6  to provide for vacancies; to provide for related matters; to
  1- 7  repeal conflicting laws; and for other purposes.

  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 9  An Act creating the City of Avondale Estates, approved
  1-10  August 25, 1926 (Ga. L. 1926, p. 813), as amended, is
  1-11  amended by striking Sections 1 and 2 from Article III
  1-12  thereof, relating to the board of mayor and commissioners,
  1-13  in their entirety and inserting in lieu thereof new Sections
  1-14  1-301 and 1-302 to read as follows:

  1-15                        "SECTION 1-301.
  1-16      Board of Mayor and Commissioners; elections; terms.

  1-17    (a) Those persons presently elected and serving as the
  1-18    Board of Mayor and Commissioners of the City of Avondale
  1-19    Estates shall continue to serve until their successors are
  1-20    duly elected and qualified.  On the Tuesday next following
  1-21    the first Monday in November, 1995, and on the Tuesday
  1-22    next following the first Monday in November every four
  1-23    years thereafter, a general election shall be held for the
  1-24    position of two commissioners whose terms of office are
  1-25    expiring.  The candidates for the two commission positions
  1-26    that receive the highest number of votes cast in said
  1-27    election shall be elected for a four-year term and until
  1-28    their successors have been duly elected and qualified.
HB 819   Said term shall commence at the first regular meeting of
  1-30    the Board of Mayor and Commissioners in January following
  1-31    the election at which said commissioners are elected.

  1-32    (b) On the Tuesday next following the first Monday in
  1-33    November, 1997, and on the Tuesday next following the


                                 -1- (Index)

                                                  LC 16 4147

  2- 1    first Monday in November every four years thereafter, a
  2- 2    general election shall be held for the two commissioner
  2- 3    seats whose terms of office are expiring.  The two
  2- 4    candidates receiving the highest number of votes in said
  2- 5    election shall be elected for four-year terms and until
  2- 6    their successors are duly elected and qualified.  Said
  2- 7    terms shall commence at the first regular meeting of the
  2- 8    Board of Mayor and Commissioners in January following the
  2- 9    election at which said commissioners are elected.

  2-10    (c) Any person possessing the qualifications required by
  2-11    law may qualify for any commission position or the
  2-12    position of mayor.

  2-13                         SECTION 1-302.
  2-14               Election of mayor; title of board.

  2-15    (a) The person presently elected by the Board of
  2-16    Commissioners and serving as the Mayor of the City of
  2-17    Avondale Estates shall continue to serve until a successor
  2-18    is duly elected and qualified.  On the Tuesday next
  2-19    following the first Monday in November, 1995, and on the
  2-20    Tuesday next following the first Monday in November every
  2-21    four years thereafter, a general election shall be held
  2-22    for the position of mayor.  The candidate for mayor who
  2-23    receives the highest number of votes cast in said election
  2-24    shall be elected for a four-year term and until a
  2-25    successor has been duly elected and qualified.  Said term
  2-26    shall commence at the first regular meeting of the Board
  2-27    of Mayor and Commissioners in January following the
  2-28    election at which the mayor is elected.

  2-29    (b) The governing body of the City of Avondale Estates
  2-30    thus organized shall be known as the Board of Mayor and
  2-31    Commissioners."

                         SECTION 2.

  2-32  Said Act is further amended by striking Section 10 of
  2-33  Article III in its entirety and inserting in lieu thereof a
  2-34  new Section 1-310 to read as follows:

  2-35                        "SECTION 1-310.
                         Vacancies.

  2-36    (a) Vacancies. The office of mayor or commissioner shall
  2-37    become vacant upon the occurence of any event specified by
  2-38    the Constitution of the State of Georgia, Title 45 of the
  2-39    Official Code of Georgia Annotated, or such other
  2-40    applicable laws as are or may hereafter be enacted.


                                 -2- (Index)

                                                  LC 16 4147

  3- 1    (b) Filling of Vacancies. A vacancy in the office of mayor
  3- 2    or commissioner shall be filled for the remainder of the
  3- 3    unexpired term by special election in accordance with
  3- 4    Titles 21 and 45 of the Official Code of Georgia
  3- 5    Annotated, or such other laws as are or may hereafter be
  3- 6    enacted.

  3- 7    (c) As provided for by a constitutional amendment ratified
  3- 8    in 1984, a vacancy has been created when an elected
  3- 9    official qualifies for any other state, county, or
  3-10    municipal elective office or for the House of
  3-11    Representatives or Senate more than 30 days prior to the
  3-12    expiration of the present municipal office.  Offices are
  3-13    further vacated by the death or resignation of the
  3-14    incumbent, by the decision of a competent tribunal, by an
  3-15    act of misfortune of the incumbent which renders that
  3-16    person no longer eligible for office, by the incumbent
  3-17    ceasing to be a resident or abandoning office, or upon the
  3-18    occurence of other events enumerated in Title 45 of the
  3-19    Official Code of Georgia Annotated.  Except upon the
  3-20    death, resignation, or felony conviction of an incumbent,
  3-21    notice must be provided to the person whose office is
  3-22    vacated at least ten days before call for an election, and
  3-23    the decision to fill the vacancy is subject to appeal to
  3-24    the superior court.  When vacancies are filled by
  3-25    election, the procedure for special elections in Chapter 3
  3-26    of Title 21 of the Official Code of Georgia Annotated, the
  3-27    'Georgia Municipal Election Code,' must be followed.

  3-28    (d) Vacancies in elective offices may also be created by a
  3-29    recall election initiated by a certain percentage of the
  3-30    electorate.  General law provides the grounds for recall
  3-31    and the manner in which a recall election is held.
  3-32    Vacancies created by recall are to be filled by special
  3-33    election in the manner prescribed by law.

  3-34    (e) Should a vacancy occur within less than 180 days of a
  3-35    general or special primary or a general or special
  3-36    election, then the vacancy shall be filled at the next
  3-37    general or special primary or at the next general or
  3-38    special election, as the case may be."

                         SECTION 3.

  3-39  All laws and parts of laws in conflict with this Act are
  3-40  repealed.





                                 -3- (Index)