NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 104

HOUSE BILL 243

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF SALEMBURG, NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Section 1. The Charter of the Town of Salemburg is hereby revised and consolidated to read as follows:

"THE CHARTER OF THE TOWN OF SALEMBURG

"ARTICLE I. INCORPORATED AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The Town of Salemburg shall continue to be a body politic and corporate under the name of the 'Town of Salemburg', and shall continue to be vested with all property and rights which now belong to the town; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature.

"Section 1.2. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, if this Charter makes no provision, as provided by ordinance or resolution of the Board of Commissioners and as provided by the general laws of North Carolina pertaining to municipal corporations.

"Section 1.3. 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 herein or implied hereby, or those appropriate to the exercise of such powers, the Town of Salemburg shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate.

"ARTICLE II. CORPORATE BOUNDARIES

"Section 2.1. Existing Corporate Boundaries. The corporate boundaries of the Town of Salemburg shall be as follows until changed in accordance with law:

"Being located in the County of Sampson, and described by metes and bounds as follows: BEGINNING at a stake and a point in the center of N. C. Highway No. 242, said stake and point being located South 12 degrees 18 minutes West, 2750 feet from the center point of the intersection of College Street and Main Street in the Town of Salemburg; thence South 76 degrees East, 1989.5 feet to a stake; thence North 14 degrees East, 1612 feet to a stake in the center of Laurel Lake Road; thence the same course (North 14 degrees East) 1809 feet to a stake in the center of the Clinton-Salemburg Road; thence the same course (North 14 degrees East) 2579 feet to a stake; thence North 76 degrees West, 210.12 feet to a stake in the center of a road known as "Cemetery Road"; thence the same course (North 76 degrees West) 1923 feet to a stake in the center of N. C. Highway No. 242 leading to Dunn, North Carolina; thence the same course (North 76 degrees West) 1866.88 feet to a stake; thence South 14 degrees West 1032 feet to a stake in the center of Pine Street; thence the same course (South 14 degrees West) 2780.19 feet to a stake in the center of County Road No. 1233 which leads from Salemburg to Autryville; thence the same course (South 14 degrees West) 2187.81 feet to a stake; thence South 76 degrees East 1299 feet to a stake in the center of Fayetteville Street; thence the same course (South 76 degrees East) 711.5 feet to a stake in the center of N. C. Highway No. 242; the beginning point; said description fully describing by metes and bounds the outside boundaries of the Town of Salemburg, North Carolina.

"Section 2.2. Extension of Corporate Boundaries. All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.

"ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

"Section 3.1. Mayor and Mayor Pro Tempore. The Mayor shall be elected by the qualified voters of the town at large in the manner provided in Article IV. The Mayor shall be the official head of the town government, shall be ex officio Chairman of the Board of Commissioners, and shall preside at all meetings of the Board of Commissioners. When there is an equal division upon any question, or in the appointment of officers, by the Board, the Mayor 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 upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the town. The Board of Commissioners shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.

"Section 3.2. Composition of Board of Commissioners. The Board of Commissioners shall consist of six members to be elected by the qualified voters of the town voting at large in the manner provided by Article IV.

"Section 3.3. Terms; Qualifications: Vacancies. (a) The Mayor shall serve for a term of two years, beginning the day and hour of the organizational meeting following his election, as established by ordinance in accordance with this Charter; provided, he shall serve until his successor is duly elected and qualifies.

"(b)      The term of office of the Board of Commissioners shall be for four years except that the term of office for said Commissioners elected immediately following the adoption of this Charter shall be four years for three of the Commissioners and two years for three of the Commissioners; that those three Commissioners duly elected having the highest number of votes during the election taking place the year of adoption of this Charter shall serve a term of four years under this Charter, and the three Commissioners having the next highest number of votes in said election shall serve a term of two years under this Charter. Said Commissioners shall begin their term in office at the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this Charter; provided, however, they shall serve until their successors are elected and qualify.

"(c)      No person shall be eligible to be a candidate or be elected as Mayor or as a member of the Board of Commissioners, or to serve in such capacity, unless he is a resident and qualified voter of the town.

"(d)      If any elected Mayor or Commissioner shall refuse to qualify, or if there shall be any vacancy in the office of Mayor or Commissioner after election and qualification, the remaining members of the Board shall by majority vote appoint some qualified person to serve for the unexpired term. Any Mayor or Commissioner so appointed shall have the same authority and powers as if regularly elected.

"Section 3.4. Compensation of Mayor and Commissioners. The Mayor shall receive for his services such salary as the Board of Commissioners shall determine, and no increase or reduction in his salary shall be made to take effect during the term in which it is voted. The Board of Commissioners may establish a salary for its members which may be increased or reduced, but no increase shall be made to take effect as to any Commissioner during the respective term of office which he is serving at the time the increase is voted.

"Section 3.5. Organization of Board; Oaths of Office. The Board of Commissioners shall meet and organize for the transaction of business at a time established by ordinance, following each biennial election and prior to July 1. Before entering upon their offices, the Mayor and each Commissioner shall take, subscribe, and have entered upon the minutes of the Board the following oath of office: 'I, ………………………., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of ………………………., on which I am about to enter, according to my best skill and ability; so help me, God.'

"Section 3.6. Meetings of the Board. (a) The Board of Commissioners shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the Mayor or a majority of the Commissioners, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

"(b)      All meetings of the Board of Commissioners shall be open to the public. The Board shall not by executive session or otherwise formally consider or vote upon any question in private session.

"Section 3.7. Quorum; Votes. (a) A majority of the members elected or appointed to the Board of Commissioners shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

"(b)      The affirmative vote of a majority of the members of the Board of Commissioners shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting.

"Section 3.8. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the Board. The enacting clause of all ordinances shall be: 'Be it ordained by the Board of Commissioners of the Town of Salemburg'. All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. NOMINATION AND ELECTION PROCEDURE

"Section 4.1. Regular Municipal Elections. The regular municipal elections shall be held on the Tuesday after the first Monday of each odd-numbered year. In each election year, there shall be elected by the qualified voters of the town voting at large, a Mayor for a term of two years and three Commissioners to serve a term of four years, except for the first election to take place immediately following the adoption of this Charter, when six Commissioners shall be elected and serve as provided in Section 3.3(b) hereof. All elected officers hereunder shall serve until their successors are elected and qualify.

"Section 4.2. Voting in Regular Elections. In regular municipal elections, the Mayor and all members of the Board of Commissioners shall be elected at large. Each voter shall be entitled to vote for one candidate for Mayor and for as many candidates for Commissioner as there are members to be elected to the Board of Commissioners. All candidates up to the number to be elected, who receive the largest numbers of votes shall be declared elected.

"Section 4.3. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of Mayor or Commissioner shall file with the Town Clerk a statement giving notice of his candidacy, and such person shall pay the filing fee to said Clerk as determined by the Board of Commissioners. Such notice shall be filed not earlier than 60 days nor later than five o'clock p. m. on the tenth day prior to the date heretofore fixed for the municipal election, and shall be substantially in the following form: 'I, ………………………………, do 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 voter of the Town of Salemburg, residing at ………………………………..

                                                                           ............................. (Signature)............................

                                                                           .................................. (Date)...............................

Witness: ....................................................... '

"Section 4.4. Ballots. No names shall be printed upon the ballots for the regular municipal election other than the names of all candidates who have properly filed for the respective offices as provided herein.

"Section 4.5. Registration of Voters. Registration of voters for municipal elections shall be conducted in accordance with the provisions of Article 3, Chapter 160, of the General Statutes, subject to the provisions of Section 4.6 hereof.

"Section 4.6. Loose-leaf Registration System Permissible. The Board of Commissioners may, in its discretion, provide for a modern loose-leaf and visible system of registration as authorized by G. S. 163-43 and 163-43.1, with or without full time and permanent registration as authorized by G. S. 163.31 and 163.31.2; provided, in the event the Board shall provide for a full time and permanent registration, the Board may assign the duties of Registrar to the Town Clerk or to any other employee of the town, in lieu of appointing a Registrar; and, provided further, that in such event, the registration books shall be closed prior to each election at the time provided by G. S. 163-31, and the provisions of Section 4.5 hereof adopting by reference the registration period prescribed by G. S. 160-37 shall not be applicable.

"Section 4.7. Regulation of Elections. All municipal elections of the Town of Salemburg shall be conducted in accordance with Article 3, Chapter 160, of the General Statutes, except as otherwise provided herein.

"ARTICLE V. TOWN ATTORNEY

"Section 5.1. Appointment; Qualifications; Term; Compensation. The Board of Commissioners may appoint a Town Attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the town during his tenure. The Town Attorney shall serve at the pleasure of the Board of Commissioners and shall receive such compensation as the Board shall determine.

"Section 5.2. Duties of Town Attorney. It shall be the duty of the Town Attorney to prosecute and defend suits for and against the town; to advise the Mayor, Board of Commissioners, and other town officials with respect to the affairs of the town; to draw all legal documents relating to the affairs of the town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the town may be concerned; to attend all meetings of the Board of Commissioners; and to perform such other duties as may be required of him by virtue of his position as Town Attorney.

"ARTICLE VI. ADMINISTRATIVE OFFICES AND EMPLOYEES

"Section 6.1. Town Clerk. The Board of Commissioners may appoint a Town Clerk to keep a journal of the proceedings of the Board of Commissioners and to maintain in a safe place all records and documents as may be required by law or as the Board may direct.

"Section 6.2. Town Tax Collector. The Board of Commissioners may appoint a Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the town, subject to the provisions of this Charter and the ordinances of the town, and he shall diligently comply with and enforce all of the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

"Section 6.3. Town Accountant. The Board of Commissioners may appoint a Town Accountant to perform the duties of the Accountant as required by the Municipal Fiscal Control Act.

"Section 6.4. Consolidation of Functions. The Board of Commissioners may, in its discretion, consolidate any two or more of the offices of Town Clerk, Town Tax Collector, and Town Accountant, or may assign the functions of any one or more of these offices to the holder or holders of any other of these offices. The Board of Commissioners may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named offices, in lieu of appointing other persons to perform the same.

"Section 6.5. Other Employees. The Board of Commissioners may create and fill by appointment such other offices as it deems advisable to insure the efficient administration of the town's affairs, and may, in its discretion, appoint a person to supervise all the town departments, and may delegate to such person the power of appointment and removal of department heads and employees, other than the Town Attorney.

"Section 6.6. Terms of Appointive Officers, Employees. The terms of office of all appointive officers of the town and the terms of employment of all employees of the town shall be at the pleasure of the Board of Commissioners, unless the Board by ordinance shall provide otherwise.

"ARTICLE VII. FINANCE AND TAXATION

"Section 7.1. 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 Commissioners in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the town shall accrue to the benefit of the town. All moneys belonging to the town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

"Section 7.2. Issuance of Bonds. The town may issue bonds for the purposes and in the manner prescribed by the General Statutes of North Carolina relating to the issuance of bonds by municipalities.

"Section 7.3. Purchases and Contracts. Purchases of apparatus, supplies, materials and equipment, and contracts for construction or repair work shall be made in accordance with the General Statutes of North Carolina relating thereto.

"Section 7.4. Purchases Approved by the Board. All purchases of apparatus, supplies, materials and equipment, and all contracts of any kind shall be given prior approval by a majority of the Board of Commissioners, and no employee, officer, or Commissioner shall make any purchase or contract in any amount for the Town or for any town department unless the same has received approval in advance by the Board in meeting assembled, which approval shall be recorded on the minutes of the Board.

"Section 7.5. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the town government by a certified public accountant or a qualified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the town or any of its officers. The Board of Commissioners shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the town, and may be published if so ordered by the Board of Commissioners.

"Section 7.6. Taxing Ordinances Extended. Notwithstanding the provisions of G. S. 105-339, G. S. 160-56, G. S. 160-410.3, G. S. 160-412.5 or any other provision of law, any ordinance of the Town of Salemburg levying or establishing rates of privilege license or ad valorem taxes shall by operation of law continue in effect in succeeding fiscal or tax years unless a new or amending ordinance is enacted by the Board of Commissioners.

"ARTICLE VIII. POLICE AND TRAFFIC

"Section 8.1. Jurisdiction Extended.

"(a)      The jurisdiction of the police force is hereby extended to include all territory outside and within two miles of the corporate limits, and all members of the police force shall have within such territory all rights, power and authority as they have within the corporate limits.

"(b)      The jurisdiction of the police force is hereby extended to include all town-owned property and facilities whether located within or outside the corporate limits, and all members of the police force shall have upon and within such property and facilities all rights, power and authority as they have within the corporate limits.

"Section 8.2. Traffic Bureau. The Board of Commissioners may by ordinance establish a Traffic Bureau to process and collect civil penalties provided for violation of parking and traffic ordinances of the town. No tax shall be paid to the State of North Carolina in cases finally disposed of by the Traffic Bureau. All civil penalties collected by the Traffic Bureau shall be paid into the general fund of the town, unless otherwise provided by ordinance.

"ARTICLE IX. CLAIMS AGAINST THE TOWN

"Section 9.1. Presentation of Claims, Suit Upon Claims. (a) All claims or demands against the Town of Salemburg arising in tort shall be presented to the Board of Commissioners in writing, signed by the claimant, his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within 30 days or after the expiration of 12 months from the time said claim or demand is so presented. Unless the claim or demand is so presented within 90 days after the cause of action accrues, and unless suit is brought within 12 months thereafter, any action thereon is barred.

"(b)      No action shall be instituted against the town on account of damages to or compensation for real property taken or used by the town for any public purpose, or for the ejectment of the town therefrom, or to remove a cloud upon the title thereof, unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the Board of Commissioners of the claim, stating in the notice the date that the alleged use commenced, a description of the property alleged to have been used, and the amount of damage or compensation claimed.

"(c)      Notwithstanding the provisions of subsections (a) and (b) of this Section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of his incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after the termination of the incapacity, or within three years after the happening of the infliction of the injury complained of, whichever is the longer period. The town may at any time request the appointment of a next friend to represent any person having a potential claim against the town and known to be suffering from physical or mental incapacity.

"ARTICLE X. MISCELLANEOUS PROVISIONS

"Section 10.1. Business Hours. The Board of Commissioners, in addition to authority granted by the General Statutes, shall have authority to adopt ordinances regulating the opening and closing hours of businesses within the town, and may establish reasonable classifications of businesses and provide different regulations for different classifications so established.

"Section 10.2. Publicity of Records. All records and accounts of every office and department of the town shall be open to inspection by any citizen or by any representative of the press at all reasonable times and under reasonable regulations established by the Board of Commissioners."

Sec. 2. The purpose of this Act is to revise the Charter of the Town of Salemburg and to consolidate into it certain Acts concerning the property, affairs, and government of the town. It is intended to continue in force without interruption those provisions of prior Acts which are consolidated into this Act, so that all rights and liabilities that have accrued are preserved and may be enforced.

Sec. 3. This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following Acts, or amendments thereto, even though such Acts or amendments are not expressly set forth herein;

(a)       Any Acts concerning the property, affairs or government of public schools in the Town of Salemburg;

(b)       Any Acts relating to Mayor's Court of the Town of Salemburg or any other courts;

(c)       Any Acts validating, confirming, approving or legalizing official proceedings, actions, contracts, or obligations of any kind;

(d)       Any Acts authorizing conveyance or sale of particular town property or interests therein.

Sec. 4. Continuance of Contracts. All contracts entered into by the town, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or Charter provisions existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws and Charter provisions.

Sec. 5. 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 Salemburg is affected thereby.

Sec. 6. (a) All existing ordinances and resolutions of the Town of Salemburg, and all existing rules or regulations of departments or agencies of the Town of Salemburg, not inconsistent with the provisions of this Act, shall continue in full force and effect until repealed, modified, or amended.

(b)       No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise), pending at the effective date of this Act by or against the Town of Salemburg or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

Sec. 7. The following Acts, having served the purpose for which enacted, or having been consolidated into this Act, are hereby repealed:

(a)       Chapter 129 of the Private Laws of 1905;

(b)       Chapter 67 of the Private Laws of 1921;

(c)       Chapter 46 of the Public-Local Laws of 1937;

(d)       Chapter 172 of the Session Laws of 1953;

(e)       Chapter 1277 of the Session Laws of 1957;

(f)        Chapter 1282 of the Session Laws of 1957.

Sec. 8. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict.

Sec. 9. 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 28th day of March, 1967.