| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO PROVIDE FLEXIBILITY IN FILLING VACANCIES ON THE CITY COUNCIL 2 |
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| 14 | 15 | | IN THE CITY OF DURHAM. 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1. Section 13.2 of the Charter of the City of Durham, being Chapter 671 5 |
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| 17 | 18 | | of the 1975 Session Laws, as amended by Chapter 852 of the 1979 Session Laws, reads as 6 |
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| 18 | 19 | | rewritten: 7 |
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| 19 | 20 | | "§ 13.2. Sec. 13.2. Vacancies in office of Mayor or member of City Council. – (a) For the 8 |
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| 20 | 21 | | purpose of this section, the word 'vacancy' also includes a refusal or failure to qualify for office. 9 |
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| 21 | 22 | | (b) If a vacancy occurs in the office of Mayor, the City Council shall, except as provided 10 |
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| 22 | 23 | | in subsection (d) of this section, may, within 60 120 days of the vacancy, choose appoint some 11 |
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| 23 | 24 | | qualified person for Mayor for the unexpired portion of the term. 12 |
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| 24 | 25 | | (c) If a vacancy occurs in the office of Council member, the City Council shall, except 13 |
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| 25 | 26 | | as provided in subsection (d) of this section, may, within 60 120 days of the vacancy, choose 14 |
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| 26 | 27 | | appoint some qualified person to fill the place of such the Council member for the remainder of 15 |
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| 27 | 28 | | the unexpired term. 16 |
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| 28 | 29 | | If the vacancy to be filled occurs in a seat occupied by a Council member elected from a 17 |
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| 29 | 30 | | ward, then such the person chosen to fill such the vacancy shall reside in the ward from which 18 |
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| 30 | 31 | | the Council member whose place is to be filled was nominated. 19 |
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| 31 | 32 | | (d) If the City Council fails to choose does not appoint some qualified person within 60 20 |
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| 32 | 33 | | 120 days after the vacancy occurs, it may not fill the vacancy by appointment, but shall call a 21 |
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| 33 | 34 | | special election under the provisions of Section 13.3 of this Chapter, provided that if the vacancy 22 |
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| 34 | 35 | | occurs after the first day of June in the year in which the term is to expire, the City Council need 23 |
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| 35 | 36 | | not call a special election." 24 |
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| 36 | 37 | | SECTION 2. Section 13.3 of the Charter of the City of Durham, being Chapter 671 25 |
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| 37 | 38 | | of the 1975 Session Laws, as amended by Chapter 852 of the 1979 Session Laws, reads as 26 |
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| 38 | 39 | | rewritten: 27 |
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| 39 | 40 | | "§ 13.3. Sec. 13.3. Special election to fill vacancies. – (a) If the City Council is required to 28 |
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| 40 | 41 | | call a special election under the provisions of Section 13.2 of this Charter, it shall follow the 29 |
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| 41 | 42 | | procedures of this section. 30 |
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| 42 | 43 | | … 31 |
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| 43 | 44 | | (c) The City Council shall within seven days of the expiration of the 60 day 120-day 32 |
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| 44 | 45 | | period provided in Section 13.2(d) of this Charter adopt a resolution calling a special election. 33 |
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| 45 | 46 | | Such The special election may be held on the same date as any county or State or municipal 34 |
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