NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 770

HOUSE BILL 1076

AN ACT TO AMEND CHAPTER 36, PRIVATE LAWS EXTRA SESSION 1908, AND TO REPEAL CHAPTER 137 OF THE PRIVATE LAWS OF 1929 AND CHAPTER 33 OF THE PRIVATE LAWS OF 1931, RELATING TO MUNICIPAL ELECTIONS IN THE TOWN OF BAILEY.

The General Assembly of North Carolina do enact:

Section 1. That Section 3 of Chapter 36 of the Private Laws of North Carolina, Extra Session 1908, being the Charter of the Town of Bailey in Nash County, is hereby amended by striking out all of the second sentence as the same appears in said Section.

Sec. 2. That Chapter 36 is hereby further amended by striking out all of Section 4 as the same appears in said Chapter, and substituting in lieu thereof a new Section 4, which shall read as follows:

"Sec. 4. The government of the town shall be vested in a mayor and a board of commissioners who shall be elected in the manner provided for herein.

(a)       Beginning on Tuesday after the first Monday in May in the year 1964 and annually thereafter, an election shall be held in the Town of Bailey for the purpose of electing members to the board of commissioners, such board to consist of five (5) members, except as provided for herein.

(b)       The three (3) commissioners elected at the regular municipal election held on May 7, 1963 shall continue to serve for the term for which they were elected or until their successors are elected and qualified, and they shall constitute the governing body of the Town of Bailey until additional commissioners are elected in the year 1964 as provided for herein.

(c)       On Tuesday after the first Monday in May in the year 1964 and in the even-numbered years thereafter, two (2) commissioners shall be elected to serve for two-year terms or until their successors are elected and qualified.

(d)       At the election to be held on Tuesday after the first Monday in May, 1965, and in the odd-numbered years thereafter, three (3) commissioners shall be elected to serve for two-year terms or until their successors are elected and qualified.

(e)       The mayor elected at the regular municipal election held on May 7, 1963 shall continue to serve for a term of two (2) years or until his successor is elected and qualified. In the year 1965 and biennially thereafter, the mayor shall be elected and shall serve for a two-year term or until his successor is elected and qualified.

(f)        The terms of office for the mayor and members of the board of commissioners as provided for in this Act shall begin at the time of the first regular meeting immediately following their election.

(g)       All regular municipal elections held under authority of this Act shall be conducted in accordance with the general law of North Carolina applicable to municipal elections."

Sec. 3. That Chapter 137 of the Private Laws of North Carolina, 1929, and Chapter 33 of the Private Laws of North Carolina, 1931, relating to elections in the Town of Bailey, are hereby repealed.

Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 5. 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 7th day of June, 1963.