House Bill 1367 (AS PASSED HOUSE AND SENATE)
By: Representatives Roberts of the 52nd, Bazemore of the 69th, Silcox of the 53rd, Cannon of
the 58th, Au of the 50th, and others
A BILL TO BE ENTITLED
AN ACT
To amend an Act creating one or more community improvement districts in unincorporated
Fulton County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by
an Act approved April 2, 1998 (Ga. L. 1998, p. 4065), so as to provide for the appointment
of a certain number of board members in the case of vacancies on the board; to provide for
special elections for certain vacancies; to provide for notice; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating one or more community improvement districts in unincorporated Fulton
County, approved April 3, 1987 (Ga. L. 1987, p. 5460), as amended, particularly by an Act
approved April 2, 1998 (Ga. L. 1998, p. 4065), is amended by revising subsection (b) of
Section 5 as follows:
"(b) The initial board members to be elected as provided herein shall be elected in a caucus
of electors which shall be held within 60 days after the adoption of the resolutions and
obtaining the written consents herein provided at such time and place within the district as
the Fulton County Board of Commissioners shall designate after notice thereof shall have
been given to said electors by publishing the same in the legal organ of Fulton County as
hereinafter provided and contacting each elector by U.S. mail at the address indicated in
the property rolls. Thereafter, there shall be conducted biennially, not later than 60 days
following the last day for filing ad valorem property returns in Fulton County, a caucus of
said electors at such time and place within the district as the board shall designate in such
notice for the purpose of electing board members to those positions which have terms
expiring or are vacant. If a vacancy occurs in an elected position on the board, the
remaining members of the board shall, by majority vote within 60 days, appoint an elector
to fill such vacancy. A board member appointed by the majority vote of the board to fill
a vacancy shall only serve until the next regularly scheduled election, regardless of the
actual duration of the unexpired term of the board member vacating the position. At no
time shall the board include more than two members who were appointed by other board
members. If a vacancy occurs while two board members appointed by the board are
currently serving on the board, then a special election shall be called to fill the unexpired
term as provided for in this subsection. If a vacancy occurs for which a special election is
required, the board shall, within 60 days of the vacancy, call an election to be held within
60 days of such call, unless the vacancy occurs within 180 days of the next regularly
scheduled election, in which case a special election may, but need not, be called. For any
special election held pursuant to this subsection, notice of the special election shall be
given to the electors by publishing notice of the special election in the legal organ of Fulton
County on four dates, at least 45 days, 31 days, 17 days, and 10 days, respectively, prior
to such election and by contacting each elector at least 31 days prior to the election by U.S.
mail at the address indicated in the property rolls."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.