S.L. 1979-1107

1979 SESSION

CHAPTER 1107

HOUSE BILL 1603

AN ACT TO AMEND THE CHARTER OF THE TOWN OF CHAPEL HILL CONCERNING VACANCIES IN THE OFFICES OF MAYOR AND MEMBERS OF THE TOWN COUNCIL.

The General Assembly of North Carolina enacts:

Section 1. Chapter 473, Session Laws of 1975, being the Charter of the Town of Chapel Hill, as amended by Section 1(2), Chapter 693, Session Laws of 1979, is further amended by rewriting Section 2.4 of the Charter (Section 2.3 under local revision pursuant to G.S. 160A-496) to read:

"§ 2.3. Vacancies in elected offices. – If any elected town officer shall fail or refuse to be qualified, or if there is a vacancy in any elective town office after qualification, or if the holder of any such office be unable to discharge the duties of the office, then such vacancy shall be provided in the following manner:

(1) A vacancy occurring in the office of mayor, which occurs during the period beginning with the first day of the four year term of office and ending on the fortieth day prior to the next regular biennial town election shall be filled by appointment of the town council only until the next general municipal election at which time the mayor shall be elected to a term of four years. A vacancy occurring in the office of mayor, which occurs at any other time shall be filled by appointment of the town council for the remainder of the unexpired term.

(2) A vacancy occurring on the council, which occurs during the period beginning with the first day of the four year term of office and ending on the fortieth day prior to the next regular biennial town election shall be filled by appointment of the town council only until the next general municipal election at which time a member shall be elected to the remainder of said unexpired term. The candidate receiving the fifth highest number of votes (and if necessary the 6th, 7th and 8th highest number) following those elected for full four-year terms, shall be declared elected for the remainder of the unexpired term. A vacancy occurring on the council, which occurs at any other time shall be filled by appointment of the town council for the remainder of the unexpired term."

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of June, 1980.