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HomeMy WebLinkAboutRES 18-05-476 - 05/21/2018 - ELECTIONSSTATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 18-0.5-476 A RESOLUTION APPOINTING FULTON COUNTY DEPARTMENT OF ELECTIONS TO ACT AS THE MUNICIPAL ELECTION SUPERINTENDENT FOR A CITY OF MILTON SPECIAL ELECTION TO BE HELD TO FILL THE VACATED DISTRICT 1/POST 2 CITY COUNCIL SEAT; AUTHORIZING FULTON COUNTY DEPARTMENT OF ELECTIONS AS MUNICIPAL ELECTION SUPERINTENDENT, TO CALL SAID SPECIAL ELECTION ON TUESDAY, NOVEMBER 6, 2018, AUTHORIZING THE CITY CLERK TO ACT AS THE QUALIFYING OFFICER TO PROVIDE SERVICES IN REGARDS TO QUALIFYING CANDIDATES FOR ELECTION TO SAID SEAT, AND TO UNDERTAKE ANY OTHER SUCH DUTIES AS ARE NECESSARY TO ACCOMPLISH THE HOLDING OF SAID SPECIAL ELECTION, SETTING THE DATE, TIME AND FEE FOR THE QUALIFYING OF CANDIDATES; AND FOR OTHER PURPOSES. WHEREAS, due to the recent resignation of Council member Burt Hewitt, effective May 7, 2018, from his District 1 /Post 2 seat on the City Council, it is necessary to hold a Special Election to fill his unexpired term — which ends December 31, 2019; and WHEREAS, because the effective date of resignation for Council member Hewitt is more than six months prior to the end of his existing term, it is necessary that a special election be called to fill the remainder of the unexpired term; and WHEREAS, such special election may be held on Tuesday, November 6, 2018 [O.C.G.A. 21-2-540(c)(1)(B)(iii)); and WHEREAS, if necessary, a City of Milton run-off election is to be held on Tuesday, December 4, 2018; and WHEREAS, in accordance with O.C.G.A. §§ 21-2-70.1 & 21-2-45, and Sections 16-4 and 16-5 of the City of Milton Code of Ordinances, the governing authority of the City of Milton may authorize the Fulton County Department of Elections to conduct elections in the City of Milton and/or perform any and all functions required by the Georgia Election Code and Rules of the State Election Board; and WHEREAS, the governing authority of the City, in accordance with O.C.G.A. § 21-2- 70.1(b), shall appoint the municipal election superintendent in a public meeting and the appointment shall be recorded in the minutes of said meeting; and WHEREAS, pursuant to O.C.G.A. § 21-2-131(a)(1), the governing authority of any municipality, at least 35 days prior to a special election, shall fix and publish a qualifying fee for each municipal office to be filled in the upcoming election; and Page 1 of 3 WHEREAS, further pursuant to O.C.G.A. § 21-2-131(a)(1), such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law. NOW, THEREFORE, THE COUNCIL FOR THE CITY OF MILTON HEREBY ORDAINS THE FOLLOWING: SECTION 1: There shall be and is hereby called, as of the date of first publication of notice made by the Municipal Election Superintendent, whose appointment is hereby authorized, a Special Election to fill the position of City Council District 1/Post 2 on the Milton City Council (the "Special Election"), which is to be held in accordance with the Georgia Election Code and Rules of the State Election Board, on November 6, 2018, and if necessary a City of Milton Run-off Election on Tuesday, December 4, 2018. SECTION 2: In accordance with the provisions of this Resolution, the City Clerk acting as the qualifying officer for the Special Election, is authorized to undertake such duties as necessary to accomplish the holding of the Special Election, including the qualifying of candidates. SECTION 3: The total gross salary for the District 1/Post 2 seat on the City Council of the City of Milton paid in the preceding year 2017 is $13,000.00 and thus the qualifying fee, based upon 3 percent, is set at $390.00. SECTION 4: Candidates shall qualify to fill the vacant District 1/Post 2 seat on the City Council by filing a Notice of Candidacy and Affidavit and paying the required fee to the Qualifying Officer, or designated agent, Monday, August 20, 2018 through August 22, 2018 between the hours of 8:30 a.m. and 4:30 p.m. Eastern Daylight Time at City Clerk's Office, 2006 Heritage Walk, Milton, Georgia 30004. SECTION 5: Absentee Ballots may be requested from the Fulton County Department of Registration and Elections. Early/Advance voting will take place on Monday, October 15 through Friday, November 2, 2018 at locations to be determined by the Fulton County Department of Registration and Elections. SECTION 6: That all resolutions and parts of resolutions in conflict herewith be and are hereby repealed. [SIGNATURES ON NEXT PAGE] Page 2 of 3 BE IT SO RESOLVED AND ORDAINED, this 21st day of May, 2018, by the Council of the City of Milton, Georgia. Attest: �C(.0 Sudie AM Gordon, City C erk Approved: Joe Lockwo ayor Page 3 of 3