NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 47

SENATE BILL 61

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF KERNERSVILLE PROVIDING FOR THE TOWN MANAGER FORM OF GOVERNMENT.

 

The General Assembly of North Carolina do enact:

 

Section 1. Incorporation and Corporate Powers. The inhabitants of the Town of Kernersville, in Forsyth County, shall continue to be a body politic and corporate by the name of the "Town of Kernersville". Under that name the town continues to be vested with all the property and rights of property which now belong to the corporation; shall have perpetual succession; may use a corporate seal; may acquire and bold such estate in lands and property as may be devised, bequeathed, sold to, or in any manner conveyed to it or acquired by it, and may from time to time, under the general law governing municipal corporations, invest, sell or dispose of any said lands or property, including lands and property held for municipal purposes; may contract and be contracted with; may sue and be sued; and shall have all the powers, rights and privileges now or hereafter conferred upon municipal corporations by the general law of the State, including powers, rights and privileges necessary or belonging to, or usually appertaining to municipal corporations, or appropriate to the exercise of the powers now or hereafter conferred on municipal corporations by the general law of the State.

Sec. 2. Enumerated Powers Not Exclusive. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the Town of Kernersville shall have, and may exercise, all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate. All powers of the town, whether expressed or implied, shall be exercised in the manner prescribed by this Charter, or, if not prescribed therein, then in the manner provided by ordinance or resolution of the governing body of the Town of Kernersville.

Sec. 3. Corporate Boundaries. The corporate boundaries of the Town of Kernersville shall be as follows until changed as provided by law.

Commencing at U. S. Coast and Geodetic Triangulation Station in Kernersville, said station being located about 300 yards northwest of Southern Railway Station at Kernersville, 200 yards East of N. C. Highway No. 66 and 4 feet West of the standpipe of an abandoned water tank situated on the property of the Kernersville Lumber Company, North latitude of said station being 36 degrees 07 minutes 31.219 seconds and West longitude being 80 degrees 04 minutes 31.199 seconds, with X coordinate of 1,682,409.88 feet and Y coordinate of 866,222.14 feet, as based on the Lambert Coordinate System for North Carolina; said point also being on a grid bearing from the Kernersville municipal water tank, North 13 degrees 20 minutes 47.5 seconds West a distance of 1,932.17 feet; thence North 23 degrees 36 minutes 00 seconds West 1,626.74 feet to a concrete right of way monument in the eastern margin of Kerner Road, the corner of lots 66 and 78 B on Forsyth County Tax Map, Block 5412, the point and place of BEGINNING; thence with lots 66 and 78 B, the two following courses and distances: South 88 degrees 58 minutes 30 seconds East 238.61 feet to an iron stake; North 29 degrees 27 minutes 10 seconds West 99.90 feet to an iron stake, corner of lots 66 and 78 B in the line of lot 64; thence with lots 64 and 66 South 89 degrees 33 minutes East 110.57 feet to an iron stake, said stake being the corner of lots 64, 65 and 66, said lot 65 being Mt. Gur Cemetery; thence with lots 64 and 65 the following courses and distances: South 89 degrees 29 minutes 20 seconds East 156.15 feet to an iron stake; thence South 89 degrees 31 minutes 10 seconds East 427.03 feet to an iron stake; thence South 3 degrees 45 minutes 00 seconds West 339.20 feet to a concrete monument; thence crossing lot 64 South 78 degrees 16 minutes 10 seconds East 1,083.27 feet to a stone in the line of said lot 64 as shown in Tax Block 5412, said stone also being the corner lots 1 A and 2 as shown in the Forsyth County Tax Maps, Block 2129; thence with the property lines of lots I A and 2 of Block 2129 and continuing to a point lying 200 feet East  of the right of way of the Belews Creek Road, South 88 degrees 47 minutes East 503.35 feet in all, said point being marked by a concrete monument; thence running parallel with the Belews Creek Road South 0 degrees 59 minutes East 163.38 feet to a concrete monument, said monument lying 200 feet North of Carlton Avenue; thence running parallel with Carlton Avenue North 60 degrees 34 minutes East 232.2 feet to a concrete monument; thence South 29 degrees 28 minutes 30 seconds East 440.0 feet to an iron stake, the corner of lots 17, 18, 33, and 34 as shown in Block 2123; thence with the lines of lots, 18, 19, 20, 33, 32, and 31 North 60 degrees 34 minutes East 149.95 feet to an iron stake, corner of lots 20, 21, 30 and 31; thence with the line of lots 20 and 21 South 29 degrees 28 minutes 30 seconds East 200.15 feet to an iron stake in the northern margin of N. C. Highway No. 150, said stake being the corner of lots 20 and 21 as shown in Block 2123; thence crossing said highway South 62 degrees 32 minutes 10 seconds East 69.03 feet to an iron stake, the corner of lots 201 and 202 as shown in Tax Block 2122; thence with lots 201 and 202 South 39 degrees 08 minutes 10 seconds East 222.11 feet to an iron stake in the line of lot 201 and being the corner of lot 202 and lot 51; thence with the line of lots 51 and 202 North 61 degrees 43 minutes 40 seconds East 2.0 feet to an iron stake corner of lots 51 and 52 and lying in the line of lot 202; thence with the line of lots 51 and 52 and crossing Hendrix Street with the line of lots 37 and 38, South 39 degrees 32 minutes 40 seconds East 290.40 feet to an iron stake, the corner of lots 37 and 38 and in the line of lot 32; thence with the line of lot 32 and lots 38 and 39 South 56 degrees 37 minutes 20 seconds West 50.0 feet to an iron stake, the corner of lots 32, 39, 40 C and 58; thence with the line of lots 32 and 58 South 40 degrees 44 minutes 50 seconds East 34.27 feet to an iron stake, said stake being the corner of lots 31, 32, 58 and 59 A; thence with the line of lots 59 A through 71, 32, 31, 30 and the western margin of Park Drive South 39 degrees 32 minutes 40 seconds East 325.0 feet to an iron stake, the corner of lot 71, Park Drive and Levi Street; thence crossing Levi Street North 68 degrees 53 minutes 30 seconds East 79.06 feet to an iron stake, the corner of lot 72 and lot 101 in the southern margin of Levi Street; thence with the line of lots 72 through 83 and 101 through 112, South 39 degrees 32 minutes 40 seconds East 600.0 feet to an iron stake, the corner of lots 83, 84, 112, and 113; thence with the line of lots 83 and 84 South 50 degrees 27 minutes 20 seconds West 195.0 feet to a point, said point being 5 feet East of the curb of Green Street; thence running with a line 5 feet East of the curb of said Green Street and its projection, across lots 84 through 100 South 39 degrees 32 minutes 20 seconds East 894.14 feet to a point in the line of lot 100 Tax Block 2122 and lot 13 as shown in Tax Block 5409; thence with the line of lot 100 as shown in Block 2122, lot 208 as shown in Block 2121 and lots 13 and 14 as shown in Block 5409, South 0 degrees 56 minutes 40 seconds West 832.70 feet to a stone, the corner of lots 13, 14 and 15 B; thence South 1 degree 06 minutes 20 seconds West 1,293.22 feet to an iron stake in the southern margin of the old Greensboro Road, now known as Graves Street and being the northeast corner of lot 102, Tax Block 2116; thence with lot 102 and lots 65 through 85 South 7 degrees 02 minutes 20 seconds West 711.35 feet to an iron stake, the southeast corner of lot 85; thence with the South line of lot 85 South 81 degrees 13 minutes West 329.95 feet to an iron stake corner of lot 85, Tax Block 2116, said stake being in the line of lot 6 as shown in Tax Block 5401; thence with the line of lot 6 South 3 degrees 22 minutes 50 seconds West 52.12 feet to an iron stake on the northern right of way of Interstate 40; thence with the line of lots 6, 7 B, 7 A, 8 A, and 8 C as shown in Tax Block 5401, South 5 degrees 13 minutes West 372.14 feet to an iron stake, the corner of lot 8 C in the eastern margin of N. C. Highway 66; thence crossing N. C. Highway 66 South 67 degrees 34 minutes West 52.40 feet to an iron stake at the southwest intersection of Edgewood Street and N. C. Highway 66, also being the corner of lots 1 and 2 as shown in Tax Block 2138; thence with lots 1 and 2 South 71 degrees 48 minutes 10 seconds West 174.92 feet to the corner of lots 2 and 52 and in the line of lot 1; thence with the line of lots 2 and 52 South 16 degrees 15 minutes East 25.0 feet to the corner of lots 2, 3, 51 and 52; thence with the line of lots 51 and 52 South 71 degrees 48 minutes 10 seconds West 174.92 feet to a granite monument, the corner of lots 51 and 52 in the eastern margin of Glenn Street; thence crossing Glenn Street South 13 degrees 26 minutes 20 seconds West 100.89 feet to the corner of lots 57 and 58 in the western margin of Glenn Street; thence with the line of lots 57 and 58 South 72 degrees 01 minutes West 200.0 feet to the corner of lots 57 and 58 in the line of lot 77; thence with the line of lot 77 and lots 58 through 76 South 16 degrees 10 minutes East 461.50 feet to an iron stake, said stake being also the corner of lots 76 and 77 and shown in Tax Block 2138; thence with the line of lot 77 South 89 degrees 45 minutes West 240.69 feet to an iron stake, the corner of lots 77 and 78; thence with the line of lot 78 North 85 degrees 48 minutes West 85.75 feet to an iron stake; thence South 13 degrees 07 minutes West 110.0 feet to an iron stake; thence North 85 degrees 34 minutes West 311.0 feet to an iron stake in the eastern margin of Lee Street, as shown on the Shieldale Hills Subdivision as recorded in plat book 21, page 121 in the office of the Register of Deeds of Forsyth County; thence with Shieldale Hills Subdivision the following courses and distances: South 15 degrees 13 minutes West 564.6 feet to an iron stake in the eastern margin of Lee Street; thence with the eastern margin of Lee Street South 13 degrees 07 minutes West 495.02 feet to an iron stake; thence South 88 degrees 13 minutes West 227.08 feet to an iron stake; thence South 0 degrees 02 minutes West 413.65 feet to an iron stake; thence South 0 degrees 30 minutes West 390.64 feet to an iron stake, the southeast corner of lot 49; thence with the South line of lot 49 South 87 degrees 11 minutes West 192.94 feet to an iron stake in the eastern margin of Phineas Drive; thence with the eastern margin of Phineas Drive South 2 degrees 49 minutes East 95.0 feet to a point; thence crossing Phineas Drive and continuing with the South line of lot 53, South 87 degrees 11 minutes West 260.0 feet to an iron stake, the southwest corner of lot 53; thence North 2 degrees 49 minutes West 1,316.7 feet to an iron stake, the corner of lots 41 and 42 of Shieldale Hills Subdivision and also being the corners of lots 28, 31, 32 and 14 A of Tax Block 5404; thence with the line of lots 28, 14 A, 104, 103 and 15 as shown in Tax Block 5404, and continuing along the southern line of lots 64 through 79 and lot 82 of Tax Block 2113 the two following courses and distances: South 86 degrees 41 minutes West 433.85 feet to an iron stake; thence South 86 degrees 56 minutes West 1,704.12 feet to the southwest corner of lot 82 in the eastern margin of Salisbury Street; thence cross Salisbury Street and lot 1, Block 5404, South 86 degrees 56 minutes 40 seconds West 528.10 feet to an iron stake, the corner of lots 4 and 5 of Forest Park Subdivision as recorded in plat book 17, page 109; thence with the Forest Park Subdivision, North 2 degrees 31 minutes East 1124.63 feet to a concrete right of way monument in the northern margin of Interstate 40; thence with the northern margin of Interstate 40 the three following courses and distances: South 70 degrees 29 minutes 20 seconds West 606.55 feet to a concrete right of way monument; thence South 79 degrees 13 minutes 40 seconds West 644.53 feet to a concrete right of way monument; thence South 87 degrees 39 minutes 10 seconds West 472.21 feet to a concrete right of way monument in the line of lots 103 and 26 B as shown in Tax Block 5351; thence with the line of lots 26 B and 103, North 5 degrees 01 minutes 30 seconds East 667.93 feet to the corner of lot 24 and lot 26 B in the line of lot 103; thence with the line of lot 24 and lot 26 B the two following courses and distances: South 88 degrees 24 minutes West 245.0 feet; thence North 4 degrees 20 minutes 10 seconds East 163.7 feet to an iron stake, the corner of lots 24 and 26 B as shown in Tax Block 5351, and being also the southwest corner of lot 2 as shown in Tax Block 2136, lying in the eastern margin of Watson Street; thence crossing Watson Street and running with the line of lot 26 B, block 5351 and lots 3, 115, 116 as shown in Tax Block 2136, South 83 degrees 22 minutes West 180.0 feet to an iron stake, said stake being, the corner of lots 101, 116 as shown in Tax Block 2136; thence with the line of lots 101 and 116 North 4 degrees 14 minutes East 221.75 feet to an iron stake in the southern margin of Stafford Street; thence with the southern margin of Stafford Street North 84 degrees 46 minutes 30 seconds West 176.89 feet to an iron stake; thence North 20 degrees 33 minutes 20 seconds West 320.50 feet to a concrete right of way monument on the northern margin of the Old Winston Road; thence North 23 degrees 02 minutes 20 seconds West 997.25 feet to a concrete right of way monument in the northern margin of Southern Road, corner of lot 20 E and 20 F as shown in Tax Block 5351; thence with the line of lots 20 E and 20 F North 2 degrees 18 minutes 50 seconds West 676.49 feet to a concrete monument, the corner of lots 20 E arid 20 F, Block 5351 and in the line of lot 15 B as shown in Tax Block 5352; thence with the line of lot 20 F, Block 5351, and lot 15 B, Block 5352, North 67 degrees 09 minutes East 258.36 feet to an iron stake, the corner of lots 15 B and 16, Block 5352 and lot 20 F Block 5351; thence with the lines of lots 15 B and 16, Block 5352, North 18 degrees 52 minutes 30 seconds West 642.21 feet to a concrete monument; thence crossing lot 16 North 25 degrees 39 minutes 10 seconds East 676.21 feet to an iron stake corner of lots 16 and 53; thence with the line of lots 16 and 53 North 2 degrees 05 minutes 40 seconds East 340.24 feet to an iron stake in the southern margin of Little Mill Road, now known as Lake Drive; thence crossing Lake Drive and with the line of lots 16 and 61, North 2 degrees 10 minutes East 333.80 feet to a stone, the corner of lots 16 and 61 in the line of lot 27, said lot 27 also being the M. Vance Fulp Estate as recorded in plat book 20, page 102, Forsyth County Register of Deeds; thence crossing lot 27 North 38 degrees 47 minutes 20 seconds East 1,646.04 feet to an iron stake, the corner of lot 27, Block 5352 and lot 22, Block 2130; thence with the line of lot 22 and the southern margin of a 40 foot road North 72 degrees 01 minutes 10 seconds East 199.92 feet to an iron stake, the corner of lot 22 and in the western margin of N. C. Highway No. 66; thence crossing N. C. Highway No. 66, North 6 degrees 06 minutes 40 seconds East 68.50 feet to an iron stake in the eastern margin of N. C. Highway No. 66, the corner of lot 50 and 51; thence with the eastern margin of N. C. Highway No. 66, North 27 degrees 33 minutes West 292.55 feet to an iron stake, the corner of lots 50 and 51; thence with lots 50 and 51 the two following courses and distances: North 64 degrees 34 minutes 40 seconds East 224.2 feet to an iron stake; thence South 19 degrees 45 minutes 10 seconds East 293.3 feet to an iron stake, the corner of lot 50 and 51; thence crossing lot 50, North 36 degrees 02 minutes 20 seconds East 765.05 feet to a white oak, the corner of lot 50 and 49 in the line of lot 39 J; thence with the line of lots 39 J and 49, South 85 degrees 49 minutes East 328.54 feet to an iron stake, the corner of lot 39 J and 49; thence with the line of lots 39 J and 49, North 5 degrees 57 minutes 10 seconds East 133.04 feet to an iron stake in the southern margin of the Southern Railroad; thence crossing the Southern Railroad North 1 degree 52 minutes 10 seconds East 113.74 feet to an iron stake on the northern right of way of said railroad, the corner of lot 47 A, 48 B and 39 C; thence with the northern right of way of said railroad and lot 48 B, South 59 degrees 48 minutes 40 seconds East 192.40 feet to an iron stake; thence with the line of lots 48 B and 48 A, North 87 degrees 09 minutes 50 seconds East 322.78 feet to an iron stake, the corner of lots 48 A, 48 B, 47 A and 47 B; thence with the line of lots 47 B and 48 A, South 88 degrees 45 minutes 20 seconds East 329.72 feet to an iron stake, corner of lots 47 B and 48 A in the line of lot 45; thence with the line of lots 45, 47 A and 47 B, Tax Block 5352, North 27 degrees 40 minutes 20 seconds West 1.81.82 feet to an iron stake, the corner of lot 78 A, Block 5412; thence with the line of lot 78 A, Block 5412 and crossing Kerner Road, South 88 degrees 58 minutes 30 seconds East 144.5 feet, corner of lots 66 and 78 B as shown in Tax Block 5412, Tax Supervisor's Office, Forsyth County, North Carolina, the point and place of BEGINNING.

Sec. 4. Governing Body: Composition, Powers, Terms, Qualifications and Compensation. The governing body of the Town of Kernersville shall consist of a Mayor and five Aldermen, who shall exercise the corporate powers of said town, and provide for the proper and efficient management of said town in accordance with this Charter. They shall have and exercise all powers now or hereafter conferred upon governing bodies of municipalities by the general law of the State and that power and authority granted by this Charter. The election of the Mayor and Aldermen shall be at large by and from the qualified voters of the town for a term of two years in the manner hereinafter provided by this Act. Members of the governing body shall be qualified electors of the Town of Kernersville. If a vacancy occurs in the office of Mayor or Alderman, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the Board of Aldermen. The Mayor and each Alderman shall receive such compensation as the governing body shall from time to time fix by ordinance. Provided, the compensation of the Mayor and Aldermen shall not be increased during the term for which they are elected.

Sec. 5. Governing Body: Organization and Meetings. Within five days after the election of the Mayor and Board of Aldermen, they shall convene for the transaction of business and shall severally take oath before the Town Clerk to perform faithfully the duties and their respective offices. At this first meeting, the Board of Aldermen shall choose one of its members as Vice Chairman who shall act as Mayor pro tem. The Board of Aldermen shall meet at such times as may be prescribed by ordinance or resolution, but not less frequently than once each month, and may adopt such rules and regulations as may be deemed necessary for the regulation and conduct of meetings. Special meetings of the Board of Aldermen may be held upon the call of the Mayor or any two members of the Board of Aldermen in the manner and under such rules or regulations as the Board of Aldermen may by ordinance determine. Any business may be transacted at a special meeting that might be transacted at a regular meeting. All meetings of the Board of Aldermen shall be open to the public.

Sec. 6. Governing Body: Quorum, Attendance at Meetings. A majority of the members elected to the Board of Aldermen shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members of the Board of Aldermen shall be necessary to adopt any ordinance. All other matters to be voted upon shall be by a majority vote of the members present. No member shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are involved.

Sec. 7. Ordinances and Resolutions. Ordinances shall be introduced in the Board of Aldermen only in written or printed form. The adoption, amendment, repeal, pleading, and providing of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina. The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Board of Aldermen. The enacting clause of all ordinances shall be: "Be it ordained by the Board of Aldermen of the Town of Kernersville." All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

Sec. 8. Mayor and Mayor Pro Tem. The Mayor shall be the official head of the town and shall preside at all the meetings of the Board of Aldermen, except as otherwise herein provided, and where there is an equal division upon any question, or in the election of officers by the board, he shall determine the matter by his vote, and he shall vote in no other case. The Mayor shall exercise such powers and perform such duties as are or may be conferred and imposed upon him by the general laws of North Carolina, by this Charter, and the ordinances of the Town of Kernersville. In case of the absence or disability of the Mayor, the Mayor pro tem shall act as Mayor during the continuance of the absence or disability.

Sec. 9. Municipal Election. The regular municipal election for Mayor and members of the Board of Aldermen shall be held on Tuesday after the first Monday in May, 1963, and biennially thereafter. All regular municipal elections within the Town of Kernersville shall be nonpartisan elections.

Sec. 10. Regulation of Elections. All municipal elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise provided herein.

Sec. 11. Candidate for Municipal Office. Any qualified elector of the Town of Kernersville may file as a candidate for the office of Mayor or Alderman not earlier than sixty (60) days nor later than ten (10) days prior to the date of the election and with said filing shall pay a filing fee of ten dollars ($10.00) if a candidate for the office of Mayor and a filing fee of five dollars ($5.00) if a candidate for the office of Alderman. Each candidate for the office of Mayor or Alderman shall file a formal notice of candidacy with the Town Clerk at the time the required filing fee is paid and said notice shall be substantially in the following form:

"I, _________________________, hereby give notice that I am a candidate for election to the office of ____________________________to be voted on at the election to be held on ________________________, and I hereby request that my name be placed on the official ballot for such office. I also certify that I am a resident and qualified elector of the Town of Kernersville, residing at _________________ in said town.

                                                                                               _________________________

                                                                                                                  Candidate

                                                                                               _________________________

                                                                                                                       Date

Witness:

_________________________ ".

Sec. 12. Election of Mayor and Aldermen. Every voter shall be entitled to vote for one candidate for Mayor and five candidates for the Board of Aldermen. The candidate who receives the largest number of votes for Mayor shall be declared elected. The five candidates who receive the largest number of votes for Aldermen shall be declared elected.

Sec. 13. Oath of Office. Every officer of the town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the Town Clerk.

"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of North Carolina, that I will, in all respects, observe the provisions of the charter and ordinances of the Town of Kernersville and will faithfully discharge the duties of the office of _________________________."

Sec. 14. Form of Government. The form of government for the Town of Kernersville shall be the Town-Manager form of government as provided for in this Charter unless subsequently amended as a result of a special election to be held in April or May, 1964, in accordance with Section 35 of this Act.

Sec. 15. Town Manager: Appointment, Compensation, Term. The Board of Aldermen, as soon as practical after the effective date of this Act, shall appoint an officer whose title shall be Town Manager and who shall be the chief executive officer and the head of the administrative branch of the town government. The Town Manager shall be chosen by the Board of Aldermen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the town or State, but during his tenure of office he shall reside within the town. No person elected Mayor or member of the Board of Aldermen shall be eligible for appointment as Town Manager. The Town Manager shall serve at the pleasure of the Board of Aldermen and he shall receive such compensation as the board shall fix by ordinance. In case of the absence or disability of the manager, the board may designate a qualified administrative officer of the town to perform the duties of the manager during such absence or disability.

Sec. 16. Town Manager: Chief Administrator. The Town Manager shall be responsible to the Board of Aldermen for the proper administration of all affairs of the town. As chief administrator, the Town Manager shall have the power to appoint and remove all officers and employees in the administrative service of the town, except the Town Attorney, the Judge and Solicitor of the Kernersville Recorder's Court and the Chief of the Kernersville Volunteer Fire Department each of whom shall be appointed as provided for elsewhere in this Charter.

Sec. 17. Town Manager: Duties. It shall be the duty of the Town Manager to supervise the administration of the affairs of the town; to see that the ordinances, resolutions and regulations of the Board of Aldermen and the laws of the State are faithfully executed; to make such recommendations to the Board of Aldermen concerning the affairs of the town as he shall deem expedient; to keep the Board of Aldermen advised of the financial condition and the future financial needs of the town; attend all meetings of the Board of Aldermen and prepare and submit to the Board of Aldermen such reports as he may deem expedient or as may be required of him by the Board of Aldermen; to perform all other duties as may be required by the Board of Aldermen.

Sec. 18. Town Attorney. The Board of Aldermen, as soon as practical after the effective date of this Act and at their first meeting after their election in May, 1963, and biennially thereafter, shall appoint a Town Attorney who shall be an attorney at law licensed to practice in the State of North Carolina and who need not be a resident of the Town of Kernersville at the time of his appointment or thereafter. The Town Attorney shall be the chief legal adviser of and attorney for the town and he shall perform such duties as are imposed upon the chief legal officers of municipalities by law and perform such other duties of a legal nature as the Board of Aldermen may require. He shall receive such compensation as the Board of Aldermen may from time to time determine.

Sec. 19. Town Clerk. The Town Clerk shall be appointed by the Town Manager and shall be responsible to the manager for the performance of his duties. It shall be the duty of the Town Clerk to keep the journal of the meetings of the Board of Aldermen and to keep and maintain in a safe place all records and documents pertaining to the affairs of the town. The clerk shall perform such other duties as may be required by law or as the manager may direct.

Sec. 20. Town Treasurer. The Town Manager shall appoint a Town Treasurer to perform such duties as are prescribed by law and as the manager may direct. The manager may designate the Town Clerk or other officer to perform the treasurer's duties.

Sec. 21. Town Tax Collector. The Tax Collector shall be appointed by the Town Manager and it shall be the duty of the Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the town government, subject to the provisions of this Charter and ordinances enacted thereunder, and he shall diligently comply with and enforce the general laws of North Carolina relating to the collection, sale and foreclosure of taxes by municipalities. The duties of the Tax Collector may be combined with the duties of some other office.

Sec. 22. Town Accountant. The Town Manager shall appoint the Town Accountant or designate some other officer to perform the duties of the accountant as required by the Municipal Fiscal Control Act of North Carolina.

Sec. 23. Volunteer Fire Chief and Firemen. The Board of Aldermen shall provide by ordinance for the appointment of the Chief of the Kernersville Volunteer Fire Department and for the appointment of the volunteer members thereof in the manner they deem best.

Sec. 24. Custody of Town Money. All moneys received by the town for or in connection with the business of the town government shall be paid promptly into the town depository. Such institution shall be designated by the Board of Aldermen in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by law. All interest on moneys belonging to the town shall accrue to the benefit of the town government. All moneys belonging to the town government shall be disbursed only on vouchers signed by the Mayor and countersigned by such other officer or employee as may be designated by the Board of Aldermen.

Sec. 25. Issuance of Bonds. The town may issue bonds for the purpose and in the manner prescribed by the general laws of North Carolina for the issuance of bonds by municipalities.

Sec. 26. Purchases and Contracts. Purchases of supplies, materials or equipment shall be as prescribed by law in North Carolina applicable to municipalities and in accordance with such ordinances pursuant thereto as may be adopted by the Board of Aldermen. Contracts for town improvements and services shall be executed under and in accordance with the general laws of North Carolina applicable to municipalities.

Sec. 27. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the town government by qualified public accountants, selected by the Board of Aldermen, who have no personal interest directly or indirectly in the financial affairs of the town government or of any of its officers. The results of this audit shall be available to any interested citizen and may be published if so ordered by the Board of Aldermen.

Sec. 28. Personal Interest. Neither the Mayor nor any member of the Board of Aldermen nor any officer or employee of the town shall have a financial interest, direct or indirect, in any contract with the town or be financially interested, directly or indirectly, in the sale to the town of any land, materials, supplies, or services, except on behalf of the town as an officer or employee. Any violation of this Section, with knowledge express or implied of the person or corporation contracting with the town, shall render the contract voidable by the Board of Aldermen.

Sec. 29. Claims Against the Town of Kernersville. All claims or demands against the Town of Kernersville arising in tort shall be presented to the Board of Aldermen in writing, signed by the claimant, his attorney or agent, within ninety (90) days after said claim or demand is due or the cause of action accrues. No suit or action shall be brought on such a claim within ten (10) days after the expiration of twelve (12) months from the time said claim or demand is so presented, and unless the claim is so presented within ninety (90) days after the cause of action or demand accrued, and unless suit is brought within twelve (12) months thereafter, any action thereon shall be barred.

Sec. 30. Title to Properties Used for Certain Purposes. That in the absence of any contracts with said town in relation to the lands used or occupied by it for the purposes of streets, sidewalks, alleys, or other public works of said town signed by the owner thereof or his agent, it shall be presumed that the said land had been granted to the said town by the owner or owners thereof, and said town shall have good right and title thereto, and shall have, hold and enjoy the same. Unless the owner or owners of said land, or those claiming under them shall make claim or demand, in writing addressed to the Board of Aldermen, for compensation within two (2) years next after said land was taken, he or they shall be forever barred from recovering said land or having any compensation therefor: Provided, nothing herein contained shall affect the rights of feme coverts or infants until two (2) years after the removing of their disabilities.

Sec. 31. Street Improvements and Assessments For the Cost Thereof. In addition to the authority that may now or hereafter be granted by general law to the Town of Kernersville for making street improvements and providing for the assessment of the costs thereof against abutting property owners, the Board of Aldermen is authorized to make street improvements to unpaved streets and assess the cost thereof in accordance with the requirements of this Section.

(a)       Whenever a majority of the owners owning a majority of the lineal footage of property abutting a street which is not more than three (3) blocks in length are unwilling or fail to petition for a needed street improvement, the Board of Aldermen may order such improvement without petition, and may assess the total cost, or any part thereof, less the cost at street intersections against the abutting property owners at an equal rate per front foot. Provided, no street improvement without petition shall be ordered or undertaken or the cost thereof assessed to abutting property owners as authorized herein unless and until the Board of Aldermen finds as a fact:

(1)       That the street improvement project does not exceed three (3) blocks in length or a maximum total distance of three thousand (3,000) linear feet, and

(2)       That such street or part thereof is unsafe for vehicular traffic and it is in the best public interest to make such improvement, or

(3)       That it is in the best public interest and for the welfare of the citizens of the town to connect two streets already paved.

(b)       Street improvements authorized by this Section shall include grading, regrading, surfacing or resurfacing, widening, and the construction or reconstruction of curbs, gutters and street drainage facilities.

(c)       In ordering a street improvement and levying assessments for the cost thereof under the authority granted by this Section; the Board of Aldermen shall pass and publish a resolution in substantial compliance with G. S. 160-83, levy the assessments and prepare an assessment roll in compliance with G. S. 160-85 and 160-86 and advertise and conduct a public hearing in compliance with G. S. 160-87 and G. S. 160-88. Provided, no improvement authorized herein or the procedure authorized hereby shall be applicable or permit assessments for sidewalk or utility improvements. In addition, the provisions of G. S. 160-89 through G. S. 160-105 shall be applicable when the authority authorized by this Section is exercised.

(d)       The authority granted to the Town of Kernersville by this Section shall not be exercised by the Board of Aldermen unless four (4) of the five (5) members of the Board of Aldermen who are present and voting at a regular or special meeting cast their vote in favor of the use of this method for improving a street or part of a street in accordance with the requirements of this Section.

Sec. 32. Repair of Sidewalks. That the governing body may require the owner or lessee of the land abutting upon sidewalks to repair same at such owner's or lessee's expense, and to keep same in good condition; or they may require the owners of property to pave, at their own expense, the sidewalks immediately fronting said lot, or upon the failure of the owner, after due notice to so pave such sidewalk, such work may be done by the town, and the cost thereof assessed against the lot immediately against such abutting lot, collectible as and when the taxes for the next fiscal year are due and collectible.

Sec. 33. Subdivision Control Authority. The governing body of the Town of Kernersville is hereby authorized to exercise any and all power and authority that may now or hereafter be granted to municipalities of this State by general law to control and regulate the platting and recording of the subdivisions of land both within and outside of the corporate limits of the town in the manner and to the extent that may now or hereafter be authorized by State Statute. G. S. 160-227.1 shall not apply to the Town of Kernersville.

Sec. 34. Courts.

(a)       Municipal Recorder's Court. Within the Town of Kernersville a Municipal Recorder's Court may be established by the governing body in accordance with the provisions of Article 24, Chapter 7, of the General Statutes of North Carolina, except as otherwise provided herein.

(b)       Election of Recorder. Any Recorder's Court established under the provisions of this Section for the Town of Kernersville shall be presided over by a Recorder who may be a licensed attorney at law, and who shall be of good moral character, and at the time of his appointment, a qualified elector of Forsyth County. The Recorder of the Recorder's Court of Kernersville shall be appointed by the governing body of the municipality and shall hold office for a term of one (1) year beginning on July 1, following his appointment, and ending on June 30 of the next succeeding year. Before entering upon the duties of his office, the Recorder shall take and subscribe an oath of office, as is now provided by the law for a Justice of the Peace, and shall file the same with the Clerk of the Town of Kernersville. The salary of the Recorder shall be fixed by the governing body of the Town of Kernersville and shall be paid out of the funds of the municipality: Provided, that the governing body of the Town of Kernersville is hereby authorized to provide a schedule of fees to be charged by said Recorder.

Sec. 35. Election Upon the Question of Continuing the Town-Manager Form of Government.

(a)       The Board of Aldermen of the Town of Kernersville shall cause a special election to be held in the Town of Kernersville during the month of April or May in the year 1964 for the purpose of submitting to the qualified voters of the Town of Kernersville the following amendment to this Act, being the Charter of the Town of Kernersville:

"The Charter of the Town of Kernersville be and the same is hereby continued in full force and effect in the form and manner set forth in Chapter ________(here insert the number of the Chapter assigned to this Act upon passage), Session Laws, 1963."

(b)       The special election required by this Section shall be held in accordance with the general laws of the State applicable to special municipal elections for municipalities.

(c)       At the time of holding the special election hereinabove provided for, those voters who favor the adoption of the amendment shall vote a ballot upon which shall be printed or written the words "FOR amendment continuing the Town-Manager form of government", and those voters who are opposed to the adoption of the amendment shall vote a ballot upon which shall be printed or written the words "AGAINST amendment continuing the Town-Manager form of government". If, at said election, a majority of the votes cast shall be "FOR amendment continuing the Town-Manager form of government", the said amendment shall be adopted and this Act, and every part thereof, shall remain in full force and effect. If a majority of the votes cast shall be "AGAINST amendment continuing the Town-Manager form of government", this Act shall be amended by striking out all of Sections 14, 15, 16 and 17 in their entirety, and by striking out the words "Town-Manager" whenever these words appear elsewhere in this Charter and substituting in lieu thereof the words "Board of Aldermen", and the Board of Aldermen, in that event, shall be authorized to perform any and all duties and functions and to exercise all authority heretofore granted by this Charter to the Town-Manager in such manner as the said board shall deem best and in accordance with the remaining portions of this Charter and the general laws of the State.

If a majority of the votes cast shall be "AGAINST amendment continuing the Town-Manager form of government", the above amendment shall become effective on July 1, 1964.

Sec. 36. Saving Clause. If any part of this Charter shall be declared invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of the Charter. The provisions of this Charter shall supersede all laws and ordinances not consistent herewith, insofar as the Town of Kernersville is affected thereby.

Sec. 37. Repealing Clause. The following laws which heretofore constitute the Charter of the Town of Kernersville are hereby repealed, to wit: Chapter 63 of the Private Laws of N. C., 1870-71; Chapter 45 of the Private Laws of N. C., 1871-72; Chapter 137 of the Private Laws of N. C., 1887; Chapter 300 of the Private Laws of N. C., 1901; Chapter 66 of the Private Laws of N. C., 1905; Chapter 380 of the Private Laws of N. C., 1907; Chapter 336 of the Private Laws of N. C., 1911; Chapter 228 (Private) of the Public-Local and Private Laws of N. C., 1927; Chapter 428 of the Public-Local and Private Laws of N. C., 1941; Chapter 867 of the Session Laws of N. C., 1955; Chapter 175 of the Session Laws of N. C., 1955; Chapter 282 of the Session Laws of N. C., 1955; Chapter 377 of the Session Laws of N. C., 1959.

All laws and clauses of laws omitted from this Section and in conflict with the provisions of this Act also are hereby repealed.

Sec. 38. Effective Date. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 13th day of March, 1963.