NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 481

HOUSE BILL 842

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF ASHEBORO.

 

The General Assembly of North Carolina do enact:

 

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

"THE CHARTER OF THE CITY OF ASHEBORO

"ARTICLE I. INCORPORATION AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The City of Asheboro shall continue to be a body politic and corporate under the name of the 'City of Asheboro', and shall continue to be vested with all property and rights which now belong to the city; 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.

"Sec. 1.2. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, 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 City Council and as provided by the general laws of North Carolina pertaining to municipal corporations.

"Sec. 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 City of Asheboro 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.

"Sec. 1.4. Form of Government; Certain General Laws Not Applicable. The form of government of the City of Asheboro shall be the Council-Manager form, as specified in this Charter. None of the provisions of Part 4 of Article 22 of Chapter 160 of the General Statutes shall be applicable to the City of Asheboro.

"ARTICLE II. CORPORATE BOUNDARIES

"Sec. 2.1. Existing Corporate Boundaries. The corporate boundaries of the City of Asheboro shall be as follows until changed in accordance with law:

"Beginning at a concrete monument in the intersection of Country Club Drive and Fairway Road in the City of Asheboro, North Carolina, said concrete monument being an existing corporate limit corner of the City of Asheboro, North Carolina, and running North 18 degrees, 12 minutes West 337.28 feet to a corporate limit marker on the North side of Dixie Drive (U. S. Highway No. 64); thence South 72 degrees, 40 minutes West 822.31 feet to a corporate limit marker; thence North 5 degrees, 36 minutes East 187.71 feet to a corporate limit marker; thence South 85 degrees, 56 minutes West 138.56 feet to a corporate limit marker; thence South 7 degrees, 28 minutes West 231.43 feet to a corporate limit marker; thence South 70 degrees, 44 minutes West 426.23 feet to a corporate limit marker; thence North 66 degrees, 42 minutes West 223.70 feet to a corporate limit marker; thence North 28 degrees, 48 minutes West 425.62 feet to a corporate limit marker; thence North 62 degrees, 26 minutes East 899.76 feet to a corporate limit marker; thence South 3 degrees, 51 minutes East 238.06 feet to a corporate limit marker; thence North 86 degrees, 01 minutes East 173.66 feet to a corporate limit marker; thence North 5 degrees, 41 minutes West 309.67 feet to a corporate limit marker; thence North 62 degrees, 26 minutes East 597.39 feet to a corporate limit marker; on the South side of Albemarle Road; thence North 18 degrees, 6 minutes West 994.25 feet to a corporate limit marker North of Brady Avenue; thence North 13 degrees, 3 minutes West 828.80 feet to a corporate limit marker North of Britt Avenue; thence North 75 degrees, 23 minutes West 180.40 feet to a corporate limit marker on the East side of Uwharrie Street; thence North 1 degree, 21 minutes West 362.23 feet to a corporate limit marker; thence North 7 degrees, 34 minutes East 245.02 feet to a corporate limit marker on the East side of Uwharrie Street; thence North 13 degrees, 3 minutes West 73.45 feet to a corporate limit marker; thence North 13 degrees, 5 minutes, 45 seconds West 2,867.82 feet to a corporate limit marker West of Spring Garden Street; thence South 83 degrees, 29 minutes West 1,906.12 feet to a corporate limit marker; thence North 41 degrees, 54 minutes West 1,158.33 feet to a corporate limit marker; thence North 1 degree, 10 1/2 minutes East 2,671.61 feet to a corporate limit marker; thence North 36 degrees, 17 minutes East 591.96 feet to a corporate limit marker; thence North 37 degrees 29 minutes West 1,043.84 feet to a corporate limit marker; thence North 57 degrees, 57 minutes West 539.90 feet to a corporate limit marker; thence North 2 degrees, 58 minutes West 230.32 feet to a corporate limit marker; thence North 60 degrees, 7 minutes East 763.07 feet to a corporate limit marker; thence North 14 degrees, 54 minutes East 313.44 feet to a corporate limit marker; thence North 44 degrees, 15 minutes East 903.60 feet to a corporate limit marker; thence North 74 degrees, 59 minutes West 801.70 feet to a corporate limit marker; thence North 27 degrees, 46 minutes East 484.16 feet to a corporate limit marker; thence North 64 degrees, 37 minutes East 504.63 feet to a corporate limit marker; thence North 6 degrees, 26 minutes East 463.32 feet to a corporate limit marker; thence North 7 degrees, 17 minutes East 343.09 feet to a corporate limit marker; thence North 4 degrees, 19 minutes East 219.32 feet to a corporate limit marker; thence North 14 degrees, 3 minutes West 176.83 feet to a corporate limit marker; thence North 79 degrees, 59 minutes East 225.00 feet to a corporate limit marker in Westover Terrace; thence South 55 degrees, 11 minutes East 1,477.29 feet to a corporate limit marker; thence South 1 degree, 39 minutes West 3,840.99 feet to a corporate limit marker; thence South 52 degrees, 55 1/2 minutes East 645.27 feet to a corporate limit marker; thence North 87 degrees, 20 1/2 minutes East 1,157.80 feet to a corporate limit marker; thence North 69 degrees, 51 minutes, 15 seconds East 4,049.40 feet to a corporate limit marker; West of York Street; thence North 85 degrees, 41 1/2 minutes East 4,146.00 feet to a corporate limit marker North of Pritchard Street; thence South 19 degrees, 31 minutes East 3,672.89 feet to a corporate limit marker between Cedar Falls Road and East Salisbury Street; thence South 3 degrees, 45 minutes West 1,579.40 feet to a corporate limit marker at the northwest corner of Coleridge Road and East Salisbury Street; thence South 10 degrees, 59 minutes East 1,234.69 feet to a corporate limit marker on the West side of Dublin Road; thence South 12 degrees, 40 minutes West 297.87 feet to a corporate limit marker; thence South 12 degrees, 42 minutes West 438.83 feet to a corporate limit marker; thence South 20 degrees, 40 minutes West 202.07 feet to a corporate limit marker at the northwest corner of Dublin Road and Redding Road; thence South 72 degrees, 22 minutes East 258.82 feet to a corporate limit marker; thence South 12 degrees, 39 minutes West 710.36 feet to a corporate limit marker; thence North 84 degrees, 36 minutes West 419.50 feet to a corporate limit marker; thence South 5 degrees, 37 minutes West 142.41 feet to a corporate limit marker; thence South 60 degrees, 23 minutes West 222.65 feet to a corporate limit marker; thence South 2 degrees, 35 1/2 minutes West 1,182.12 feet to a corporate limit marker; on the North side of Dixie Drive (U. S. Highway No. 64) West of Dublin Road; thence South 62 degrees, 37 minutes West 716.11 feet to a corporate limit marker; thence South 62 degrees, 44 minutes West 1,315.93 feet to a corporate limit marker at the northeast corner of Shamrock Road and Dixie Drive (U. S. Highway No. 64); thence South 4 degrees, 4 minutes East 399.38 feet to a corporate limit marker; thence North 80 degrees, 46 minutes East 186.79 feet to a corporate limit marker; thence South 1 degree, 11 minutes West 962.67 feet to a corporate limit marker; thence South 89 degrees, 30 minutes West 1,070.02 feet to a corporate limit marker; thence North 2 degrees, 46 minutes West 574.41 feet to a corporate limit marker; thence North 78 degrees, 32 minutes East 388.51 feet to a corporate limit marker; thence North 9 degrees, 57 minutes East 504.52 feet to a corporate limit marker on the North side of Dixie Drive (U. S. Highway No. 64) West of Shamrock Road; thence South 67 degrees, 6 minutes West 393.73 feet to a corporate limit marker on the West side of Cliff Road; thence North 3 degrees, 0 minutes West 286.43 feet to a corporate limit marker on the West side of Cliff Road; thence South 87 degrees, 21 minutes West 1,213.01 feet to a corporate limit marker North of East Dorsett Avenue; thence North 14 degrees, 52 minutes West 572.96 feet to a corporate limit marker; thence South 49 degrees, 50 1/2 minutes West 354.07 feet to a corporate limit marker on the West side of Cox Street; thence South 32 degrees, 53 minutes West 519.59 feet to a corporate limit marker; thence South 2 degrees, 18 minutes East 2,092.16 feet to a corporate limit marker North of Ridge Street; thence South 14 degrees, 18 minutes West 339.54 feet to a corporate limit marker; thence North 85 degrees, 20 minutes West 209.07 feet to a corporate limit marker between Third Street and Second Street; thence South 6 degrees, 51 minutes West 418.22 feet to a corporate limit marker; thence North 83 degrees, 12 minutes West 293.73 feet to a corporate limit marker; thence South 12 degrees, 19 minutes West 478.53 feet to a corporate limit marker; on the South side of Foster Street; thence North 81 degrees, 47 minutes West 398.55 feet to a corporate limit marker; thence North 74 degrees, 13 minutes West 348.18 feet to a corporate limit marker on the West side of South Fayetteville Street; thence South 16 degrees, 34 minutes West, 3,962.73 feet to a corporate limit marker on West side of South Fayetteville Street; thence North 85 degrees, 19 minutes West 3,707.28 feet to a corporate limit marker; thence North 1 degree, 12 minutes East 1,594.38 feet to a corporate limit marker; thence North 60 degrees, 42 1/2 minutes East 3,250.52 feet to a corporate limit marker; thence North 2 degrees, 36 minutes East 2,249.38 feet to a corporate limit marker; said corporate limit marker being a concrete monument, the point of beginning and containing 4.80 square miles more or less.

"All bearings are based on true North.

"Sec. 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 CITY COUNCIL

"Sec. 3.1. Composition of City Council. The City Council shall consist of five members to be elected by and from the qualified voters of the city voting at large in the manner provided by Article IV.

"Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall be elected by and from the qualified voters of the city voting at large in the manner provided by Article IV. The Mayor shall be the official head of the city government and shall preside at all meetings of the City Council. Where there is an equal division upon any question, or in the appointment of officers, by the Council, 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 city. The City Council 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 Council.

"Sec. 3.3. Terms; Qualifications; Vacancies. (a) The Mayor and the members of the City Council shall serve for terms of two years, beginning the day and hour of the organizational meeting following their election as established by ordinance in accordance with this Charter; provided they shall serve until their successors are elected and qualified.

"(b)      No person shall be eligible to be a candidate or to be elected a Mayor or as a member of the City Council, or to serve in such capacity unless he is a resident and a qualified voter of the city.

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

"Sec. 3.4. Compensation of Mayor and Councilmen. The Mayor shall receive for his services such salary as the City Council shall determine, and no increase or reduction in his salary shall be made to take effect the term in which it is voted. The City Council may establish a salary for its members which may be increased or reduced but no increase shall be made to take effect during the respective term in which it is voted.

"Sec. 3.5. Organization of Council; Oaths of Office. The Mayor and City Council 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 Councilman shall take and subscribe before the City Clerk, and have entered upon the minutes of the Council, 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.'

"Sec. 3.6. Meetings of Council. (a) The City Council 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 Councilmen, 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 City Council shall be open to the public. The Council shall not by executive session or otherwise formally consider or vote upon any question in private session.

"Sec. 3.7. Quorum; Votes. (a) A majority of the members elected to the City Council 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)      Three affirmative votes, which may include the vote of the Mayor, 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.

"Sec. 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 Council. The enacting clause of all ordinances shall be: 'Be it ordained by the City Council of the City of Asheboro'. All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. ELECTION PROCEDURE

"Sec. 4.1. Filing of Candidates. Each qualified person who would offer himself as a candidate for nomination for the office of Mayor or Councilman shall file with the City Clerk a statement giving notice of his candidacy for such nomination. Such statement shall be filed not earlier than 60 days nor later than five o'clock p.m. on the third Friday preceding the day hereinafter provided for the primary election, shall be accompanied by payment of a non-refundable filing fee in the amount of five dollars ($5.00), and shall be substantially in the following form:

 

'State of North Carolina

County of Randolph

I,.............................. , first being duly sworn, say that I am a citizen and resident of the City of Asheboro, County and State aforesaid; that I am a candidate for nomination for the office of ………………………………..., to be voted upon at the primary election to be held on the   Monday of      , 19...................................... , and I hereby request that my name be printed upon the official ballot for nomination at such primary election to said office. I affiliate with the . ..............................party. (Or, if independent in politics, here so state ........................................ .......).

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

Sworn to and subscribed before me, by .............................................. , on this ........... day of …………., 19 ................. ........

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

(Office)........................................................ .'

"Sec. 4.2. Posting and Publication of List of Candidates, Notice of Primary. After the expiration of the time for filing statements of candidacy, the City Clerk shall cause to be posted immediately at the City Hall for public inspection, and to be published once in each of the two succeeding calendar weeks in every newspaper published in the city, a list of the candidates as their names are to appear on the ballots for the primary or the regular municipal election, as the case may be. Along with such list there shall be posted and published a notice of the primary if one is required, or a statement that a primary will not be held if one is not required.

"Sec. 4.3. When Primary Required. If more than two candidates file for nomination for the office of Mayor, then a primary election shall be held to nominate two candidates for the office of Mayor in the regular municipal election. If more than six candidates who are affiliated with the majority party file for nomination for the office of Councilman, then a primary election shall be held to nominate six of such candidates for the office of Councilman in the regular municipal election. If more than four candidates who are not affiliated with the majority party file for nomination for the office of Councilman, then a Primary election shall be held to nominate four of such candidates for the office of Councilman in the regular municipal election. Otherwise, no primary election shall be held, and the names of all properly filed candidates for any office for which no primary is required shall be placed on the ballots at the regular municipal election. If a primary is held for any office, then the names of the candidates nominated for such office in such primary, and the names of no other candidates for such office, shall appear on the official ballots at the regular municipal election.

"Sec. 4.4. Time of Primary if Required. If a primary election shall be required for any office, then the same shall be held on the second Monday preceding the regular municipal election, under the same laws, rules and regulations applicable to the regular municipal election.

"Sec. 4.5. Primary Ballots. If a primary election is required, the City Clerk shall cause primary ballots to be printed and authenticated with his signature or a facsimile thereof. Upon the ballots the names of the candidates for Mayor, arranged alphabetically, shall first be placed with a square at the left of each name, immediately below the words 'Vote for one'. Then the names of the candidates for Councilman, arranged alphabetically, shall be placed with a square at the left of each name, immediately below the words 'Vote for five'. Likewise provision shall be made for the names of candidates for each and every other elective office to be filed at such municipal election. The ballots shall also show the political affiliations or independence in politics, as the case may be, of all candidates, in accordance with the notice of candidacy filed. The ballots shall be printed upon plain substantial white paper, and shall be headed: 'Candidates for Nomination for Offices to be filled at the municipal election in the City of Asheboro, N. C., at the primary election to be held the............................. day of . ,19 ................ '. The ballots shall set forth substantially the following directions and provisions: Place a cross in the square preceding the names of the persons you favor as candidates for the respective offices. 'Official primary ballot, candidates for nomination for …………………………' followed by a statement of the various offices to be filled, and by the names of the candidates therefor, respectively; and also a statement of the party with which each candidate affiliates or his independence in politics.

'Official ballot

Attest:

....................................................................... City Clerk'.

(Signature)

"Having caused the ballots to be printed, the City Clerk shall cause to be delivered at each polling place a number of such ballots equal to one hundred and five per cent (105%) of the number of persons registered in the respective precinct.

"Sec. 4.6. Results of Primary. On the day of the primary election, if one is held, the registrar and judges of election shall immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in such precinct for each of the candidates and make return thereof to the City Clerk, within 15 hours after the closing of the polls. On the day following such primary election, the City Clerk shall publicly canvass the returns from all polling procincts and make and publish at the City Hall, and in some newspaper published in the city, at least once, the result thereof. The two candidates receiving the highest vote for Mayor shall be the candidates and only candidates for Mayor whose names shall be placed on the ballots for the next succeeding regular municipal election, and candidates in double the number of positions on the City Council allowed to be filled from each political party, as set out in Sections 4.3 and 4.9 hereof, receiving the highest number of votes for Councilman shall be the candidates and only candidates for Councilman whose names shall be placed on the ballots for the next succeeding regular municipal election, subject to the qualification that not more than six such candidates shall be selected from those who affiliate with one and the same political party, unless a sufficient number of other candidates should fail to file. In like manner shall be determined the candidates to be voted on at the next general election for all other offices. It is the purpose and intention of this Section that the candidates on the official ballot shall, as to any and every office, be not more than double the number of offices and positions to be filled.

"Sec. 4.7. Regular Municipal Election Ballots. The City Clerk shall cause ballots for the regular municipal election to be printed and authenticated with his signature or a facsimile thereof. Such ballots shall conform substantially to the requirements of Section 4.5 hereof relating to primary ballots, except that the heading, directions and provisions of such ballots shall reflect that they are ballots for the regular municipal election, rather than for the primary election.

"Sec. 4.8. Regular Municipal Elections. Regular municipal elections in the city shall be held on the Tuesday after the first Monday in May of each odd-numbered year. In each election, there shall be elected by the qualified voters of the city a Mayor and five Councilmen, in accordance with the provisions of Section 4.9 hereof.

"Sec. 4.9. Intention of Article; Determination of Results of Election. It is the purpose and intention of this Article that the city shall have, so far as practicable, a nonpartisan City Council, composed of three Councilmen chosen from persons affiliated with the majority party, and two Councilmen chosen from those who are not affiliated with the majority party, and to that end not more than three-fifths of the candidates for Councilman, out of the total number selected at the primary, shall be chosen from among those affiliated with one and the same political party, in case there shall be a sufficient number of candidates from those who are not affiliated with the majority party, as well as from those who are affiliated with the majority party, to provide adequate representation as herein contemplated and provided. At each regular election, not more than three-fifths of the Councilmen shall be selected from those affiliating with one and the same political party, and any and all nominations and elections for or of Councilmen exceeding the number herein specified shall be disregarded and eliminated entirely from the results, and the final results shall be considered and determined as though all candidates so eliminated were not voted upon at such primary or at such election; provided, there shall be a sufficient number of candidates at the election to fill all the available offices.

"Sec. 4.10. 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 herein provided.

"ARTICLE V. CITY MANAGER

"Sec. 5.1. Appointment; Compensation. The City Council shall appoint an officer whose title shall be City Manager and who shall be the chief executive officer of the city and the head of the administrative branch of the city government. The City Manager shall be chosen by the Council 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 prescribed. At the time of his appointment he need not be a resident of the city, but shall reside therein during his tenure of office. No person elected as Mayor or as a member of the City Council shall be eligible for appointment as City Manager until one year shall have elapsed following the expiration of the term for which he was elected. The City Manager shall serve at the pleasure of the City Council and shall receive such salary as the Council shall fix. In case of absence or disability of the City Manager, the Council may designate a qualified officer or employee of the city to perform the duties of the office during such absence or disability.

"Sec. 5.2. Chief Administrator. The City Manager shall be responsible to the City Council for the proper administration of all the affairs of the city. As chief administrator, the City Manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the city, except the City Attorney, who shall be appointed as provided in Article VI. Neither the Mayor nor the City Council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the City Manager, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the Mayor and the City Council and its members shall deal with officers and employees in the administrative service only through the City Manager, and neither the Mayor nor the City Council nor any of its members shall give orders or directions to any subordinate of the City Manager, either publicly or privately.

"Sec. 5.3. Duties of City Manager. It shall be the duty of the City Manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Council and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Council concerning the affairs of the city as he shall deem expedient; to keep the City Council advised of the financial condition and the future financial needs of the city; to attend all meetings of the City Council and to prepare and submit to the Council such reports as he may deem expedient or as may be required of him by the Council; and to perform all other duties as may be required of him by the City Council.

"ARTICLE VI. CITY ATTORNEY

"Sec. 6.1. Appointment; Qualifications; Terms; Compensation. The City Council shall appoint a City 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 city during his tenure. The City Attorney shall serve at the pleasure of the City Council and shall receive such compensation as the Council shall determine.

"Sec. 6.2. Duties of City Attorney. It shall be the duty of the City Attorney to prosecute and defend suits for and against the city; to advise the Mayor, City Council, City Manager, and other city officials with respect to the affairs of the city; to draw all legal documents relating to the affairs of the city; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the city may be concerned; to attend all meetings of the City Council; and to perform such other duties as may be required of him by virtue of his position as City Attorney.

"ARTICLE VII. ADMINISTRATIVE OFFICERS AND EMPLOYEES

"Sec. 7.1. City Clerk. The City Manager may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the Manager may direct.

"Sec. 7.2. City Tax Collector. The City Manager may appoint a Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the city, subject to the provisions of this Charter and the ordinances of the city, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

"Sec. 7.3. City Accountant. The City Manager may appoint a City Accountant to perform the duties of the accountant as required by the Municipal Fiscal Control Act.

"Sec. 7.4. Consolidation of Functions. The City Manager may, with the approval of the City Council, consolidate any two or more of the positions of City Clerk, City Tax Collector, and City Accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other of such positions. The City Manager may also, with the approval of the City Council, himself perform all or any part of the functions of any positions or offices, in lieu of appointing other persons to perform the same.

"ARTICLE VIII. FINANCE AND TAXATION

"Sec. 8.1. Custody of City Money. All moneys received by the city for or in connection with the business of the city government shall be paid promptly into the city depository. Such institution shall be designated by the City Council 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 city shall accrue to the benefit of the city. All money belonging to the city shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

"Sec. 8.2. 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 city 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 city or of any of its officers. The City Council shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the city, and may be published if so ordered by the City Council.

"Sec. 8.3. Delinquent Taxes to General Fund. The City Council may, in its discretion, direct the payment into the general fund of all or any part of the proceeds of taxes which are collected subsequent to the end of the fiscal year for which they were levied.

"ARTICLE IX. DISPOSAL OF PROPERTY

"Sec. 9.1. Disposal of Surplus Real Property. The City Council shall have power, in addition to the power granted by G. S. 160-59, to sell any real property which the Council has declared to be surplus in the following manner:

"(a)      Upon receipt of a deposit of five per cent (5%) of an offer to purchase any such lot or parcel of land, the City Council may cause a notice to be published once a week for four successive weeks in some newspaper published in the city, describing the property and stating the amount of the offer received therefor, and inviting other and better bids for the property and giving notice that any and all better bids for the property should be filed with the City Manager, with a deposit in the amount of five per cent (5%) of each increased offer, on or before twelve o'clock noon on a date to be specified in the notice, which shall not be less than 21 nor more than 31 days next following the first publication of the notice as above provided for. No bid shall be received after twelve o'clock noon of the date so specified unless the City Council shall cause the property to be readvertised and again offered for sale as hereinafter provided.

"(b)      At any time after the expiration of the date of the time limited for the receipt of bids as aforesaid, not exceeding 60 days, the City Council shall proceed to consider any and all bona fide offers made for the property, accompanied by the deposit of five per cent (5%) of the amount thereof as hereinabove provided, and may thereupon confirm the sale of the property to the party, person, or persons so making the highest bona fide offer, with deposit as aforesaid; provided, the Council shall find that, in its opinion, the price so offered is fair and adequate and all that the property is reasonably worth.

"(c)      The City Council, in its discretion, instead of confirming any such sale, shall have the right, power, and authority to proceed to readvertise and again offer such property for sale in like manner as in the first instance; or it may discontinue further action in the premises and indefinitely postpone or terminate all negotiations and proposals for the sale of property.

"(d)      Two or more offers for two or more separate lots or parcels of land may be combined and advertised in the same notice.

"Sec. 9.2. Disposal of Surplus Personal Property. The City Council shall have power, in addition to the power granted by G. S. 160-59, to sell or to direct any of its officers or employees to sell any personal property which the Council has declared to be surplus property, in the following manner:

"(a)      without bids or advertisement, at private sale, if the property has a market value of five hundred dollars ($500.00) or less;

"(b)      to the highest bidder upon receipt of informal written bids, with only such advertisement as the Council may direct, if the property has a market value of more than five hundred dollars ($500.00) but no more than two thousand dollars ($2,000.00); provided, all such bids received shall be recorded on the minutes of the Council;

"(c)      to the highest bidder upon receipt of sealed bids after one week's public notice, if the property has a market value in excess of two thousand dollars ($2,000.00); provided, all such sealed bid proposals shall be opened in public and recorded on the minutes of the Council.

"ARTICLE X. POLICE

"Sec. 10.1. Jurisdiction Extended.

"(a)      The jurisdiction of the city 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 city police force is hereby extended to include all property and facilities owned by the city, 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.

"Sec. 10.2. Effect of Ordinances on City Property. All applicable ordinances of the city shall have full force and effect upon and within all property and facilities owned by the city, whether located within or outside the corporate limits.

"ARTICLE XI. STREET AND SIDEWALK IMPROVEMENTS

"Sec. 11.1. Authority. In addition to any authority which is now or may hereafter be granted by general law to the city for making street and sidewalk improvements, the City Council is hereby authorized to make street and sidewalk improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this Article.

"Sec. 11.2. Street Improvements; When Petition Unnecessary. The City Council may order street improvements and assess the cost thereof, exclusive of the costs incurred at street intersections, against the abutting properties at an equal rate per front foot, without the necessity of a petition, upon the finding by the Council as a fact:

"(a)      That the street improvement project does not exceed 1200 lineal feet, and

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

"(c)      That it is in the public interest to connect two streets, or portions of a street already improved, or

"(d)      That it is in the public interest to widen a street, or part thereof, which is already improved; provided that assessments for widening any street or portion of street without petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the city's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.

"Sec. 11.3. Street Improvement Defined. For the purposes of the preceding Section, the term 'street improvement' shall include grading regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

"Sec. 11.4. Sidewalk Improvements. The City Council is hereby authorized to cause sidewalks to be constructed or sidewalk improvements or repairs to be made in accordance with standards and specifications of the city, and to assess the total cost thereof against abutting properties, without the necessity of a petition; provided, that the Council may order the cost of sidewalk improvements made on only one side of a street to be assessed against the properties abutting both sides of such street.

"Sec. 11.5. Assessment Procedure. In ordering street or sidewalk improvements without a petition and assessing the cost thereof under authority of this Article, the City Council shall comply with the procedure provided by Article 9, Chapter 160 of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.

"Sec. 11.6. Effect of Assessments. The effect of the act of levying assessments under authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.

"Sec. 11.7. Maintenance of Sidewalks. It shall be the duty of every property owner in the city to maintain in good repair and to keep clean and free of debris, trash, and other obstacles and impediments the sidewalks abutting his property. The City Council is hereby authorized to establish by ordinance a procedure whereby city forces may repair or clean any sidewalk or remove therefrom any trash, debris, or other obstacles or impediments upon the failure of the abutting property owner after 10 days' notice to do so. In such event, the cost of such repair, cleaning, or removal shall become a lien upon the abutting property equal to the lien for ad valorem taxes, and may thereafter be collected either by suit in the name of the city or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs and penalties as provided by law for the foreclosure of the lien on real estate for ad valorem taxes. The authority and procedure of this Section as to repair of sidewalks shall be supplementary to the authority and procedure of Section 11.4, and the City Council may, in its discretion, proceed under either Section in causing sidewalks to be repaired.

"Sec. 11.8. Acceptance of Conveyance in Satisfaction of Assessments. The City Tax Collector or other official or employee of the city having charge of the collection of special assessments, shall have the right, power, and authority, by and with the approval of the City Council first had and obtained, to receive and accept a fee simple conveyance to the city of any lot or parcel of land in the city, free and clear of other encumbrances, in full settlement and satisfaction of all street and sidewalk assessments outstanding and unpaid against such property. Such right, power, and authority, however, shall be limited to a conveyance of the whole of the lot or parcel of land against which the particular assessment or assessments involved were levied. No lot or tract of land may be divided and such right, power, and authority exercised as to a part, only, of the property originally embraced in and covered by said assessment or assessments. In the case of such conveyance, it shall not be necessary that the street or sidewalk assessment or assessments against the property be foreclosed; but the city, upon the receipt of any such conveyance, shall become and be the absolute fee simple owner of the property, as fully to all intents and purposes as if purchased in and through foreclosure proceedings for the enforcement of such street and sidewalk assessment or assessments.

"ARTICLE XII. WATER AND SEWER IMPROVEMENTS

"Sec. 12.1. Laterals Included in Cost. In ordering water or sewer line extensions, or both, and the assessment of the costs thereof under authority of G. S. 160-241 or any other law, the City Council is hereby authorized to include in such extensions water and sewer line laterals, and to include the cost of such laterals in the total cost to be assessed upon abutting properties.

"Sec. 12.2. Corner Lot Exemptions. The City Council is hereby authorized to establish, by ordinance or resolution, schedules of exemptions for assessments for water and sewer line extensions for corner lots when water or sewer lines, or both, are installed along both sides of such lots and when the cost of such installation along both sides were or are financed in whole or in part by assessments. The schedules of exemptions may be classified as to land uses (residential, commercial, industrial, institutional, or agricultural) and shall be uniform for each such classification used; provided, however, that no schedule of exemptions may provide for exemption of more than seventy-five per cent (75%) of the frontage on any side of a corner lot, or 150 feet, whichever is greater.

"Sec. 12.3. Acreage Charges. In addition to water and sewer service charges and connection charges, the City Council may establish and collect acreage charges for the privilege of connecting to the city water and sewerage systems, both within and outside the corporate limits, to aid in the financing of new water and sewer mains and sewer outfalls and the replacement or enlargement of existing mains and outfalls. Such charges shall apply uniformly to all properties to which water or sewerage service is extended subsequent to the establishment of such charges; provided, however, that the Council may establish higher acreage charges for property developed or to be developed for commercial, industrial, or institutional uses than those established for residential uses, and may base acreage charges for residential property upon the number of dwelling units per acre of land.

"ARTICLE XIII. REGULATORY POWERS

"Sec. 13.1. Subdivision Control. Any subdivision control ordinance enacted by the City Council under authority of general law may provide for the more orderly development of subdivisions within the subdivision control jurisdiction of the city by requiring the construction of community service facilities, including water lines; sewer lines; street paving, curbing and guttering; and street drainage facilities in accordance with policies established by the Council. To assure compliance with such requirements, the ordinance may require the posting of bond or such other method as will offer guarantee of compliance.

"Sec. 13.2. Regulatory Codes. The City Council is hereby authorized to make effective and to enforce within the territory lying outside the corporate limits and within one mile thereof all ordinances and codes of the city regulating the construction and repair of buildings, including building codes, plumbing codes, electrical codes, heating and air conditioning codes, fire prevention codes, minimum housing codes adopted pursuant to Article 15 of Chapter 160 of the General Statutes, and ordinances adopted pursuant to G. S. 160-200(28) relating to unsafe builidngs. In addition, the City Council is hereby authorized to enforce in such area the North Carolina State Building Code, the North Carolina State Plumbing Code, and the North Carolina Uniform Residential Building Code, all as published by the North Carolina Building Code Council. Such enforcement powers shall include the power to require that prior to the beginning of any construction, reconstruction, or alteration of any building or structure or any part or system thereof within such area, the appropriate permit or permits be obtained from the city, and the power to make a reasonable charge therefor; provided, that the City Council may by ordinance require that the constractor or other person charged with such construction, reconstruction, or alteration secure such permit or permits, rather than requiring the owner of the property to do so.

"ARTICLE XIV. AIRPORT AUTHORITY

"Sec. 14.1. Creation. There is hereby created the Asheboro Airport Authority, hereinafter called the Airport Authority, which shall have the duties and powers hereinafter enumerated, such other and additional powers as shall hereafter be conferred upon it by the City Council, and such other and additional powers as shall be necessary and incidental to the performance of the duties hereinafter imposed upon said Airport Authority.

"Sec. 14.2. Membership. The Airport Authority shall consist of three members who shall be appointed by the City Council and shall serve for three-year terms.

Each of the members appointed and their successors shall take and subscribe before the Clerk of the Superior Court of Randolph County an oath of the office and file the same with the City Council.

"Sec. 14.3. Duties of Authority. The duties of the Airport Authority shall be as follows:

"(a)      Property. To assume administrative control over the real property owned by the City and upon which its airport is constructed, and over the personal property and fixtures used in connection therewith.

"(b)      Management. To manager and control all of the property and operate the airport for the use and benefit of the public as a public airport and in the manner in which it will contribute greatest to the growth, expansion, welfare and prosperity of the city.

"(c)      Maintenance. To maintain at all times, in as good and serviceable condition as the funds made available will permit, the entire landing area and all buildings, improvements, facilities and equipment at the airport.

"(d)      Covenants and Restrictions. To so operate and manager the airport as to comply with all the conditions, covenants, and restrictions contained in the application by the city for aid from the United States Government for the construction of said airport.

"(e)      Annual Report. To make a complete report of all of its actions annually to the regular May meeting of the City Council, and at such other times as the City Council may deem necessary or advisable, and at such times submit such recommendations with regard to the operation of the airport as it shall deem advisable.

"Sec. 14.4. Powers of Authority. The Airport Authority shall have and is hereby given the following authority and powers:

"(a)      Organization. To adopt such bylaws for its own organization, the management and rules of procedure for its meetings and any hearings it may wish to hold, as it may deem advisable, and to prescribe the specific duties of its own members.

"(b)      Rules and Regulations. To make such reasonable rules and regulations as it may deem necessary for the proper maintenance and operation of the airport, and to provide penalties for the violation of such rules and regulations, and to make recommendations for the adoption of any ordinances which are deemed necessary to maintain law and order on the airport property.

"(c)      Lease. To rent or lease the airport or any portion thereof, exclusive of runways and other landing areas, and any of the buildings or facilities thereon, to any person or governmental agency for the purpose of operating the airport and doing anything incidental thereto; provided that no lease shall be made for a period longer than three years without the approval of the City Council; and, provided further, that should the Airport Authority decide to lease the airport property to any person or governmental agency, a condition of the lease shall be that sufficient bond, insurance policy or other surety and indemnity shall be posted to save the city harmless from all loss, damage or liability arising out of the operation thereof by said person, or governmental agency; and, provided further, that all contemplated leases shall be presented to the City Attorney for his approval before the execution thereof.

"(d)      Contracts. To enter into any and all contracts in its own name with any person, and to contract for or confer the privileges or concessions of supplying at the airport any goods, commodities, services, facilities or other things; provided that no contract or letting of a concession shall be for a greater period than three years without the approval of the City Council; and, provided further, that no contract or lease entered into shall pledge the credit of the city in any manner, but the liability of the city shall be limited to the extent of the funds of the Airport Authority in the airport fund as provided in Section 14.6.

"(e)      Employees. To employ any and all persons upon a salary, fee, or commission basis, which are deemed necessary to assist in the management or operation of the airport, including the power to employ a full-time fixed base operator on a basis to be approved by the City Council.

"(f)      Charges. To determine the charge or rental for the use of or lease of any properties, real or personal, owned or operated by its or under its control, and the charges for any services or accommodations and the terms and conditions upon which such properties may be used.

"(g)      Expenditures. To expend all moneys received from fees and charges made or from the lease of any of said property or otherwise made available to the Airport Authority by the city in any manner which they deem advisable in the performance of their duties, subject only to the limitations contained in Section 14.5.

"(h)      Receipt of Moneys. To accept, receive and receipt for federal moneys, and other moneys, either public or private, for the construction, enlargement, improvement, maintenance, equipment or operation of the airport, and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder, the compliance with which shall be a condition precedent to the receiving of such moneys.

"(i)       Insurance. To purchase such insurance as the Airport Authority shall deem necessary to protect the interest of the city in the airport property.

"(j)       Miscellaneous. To do any and all other things which may be necessary or incidental to the performance of the duties of the Airport Authority in operating the airport and not in conflict with any of the restrictions hereinbefore or hereinafter set out.

"Sec. 14.5. Limitations Upon Powers. All powers and authority given and granted to the Airport Authority shall be subject to the following limitations thereon:

"(a)      Nepotism. No contract, lease, sale, purchase, or concession letting shall be made with any person related by blood or marriage to any of the members of the Airport Authority, or with any business, firm, partnership, or corporation with which any member of the Authority or a person to whom he is related by blood or marriage is connected, either as owner, employee, stockholder, director or otherwise, without prior approval of the contract, lease, sale, purchase or concession letting by the City Council; provided, however, that contracts with a corporation for its general benefit, and routine sale and purchases of regular items of merchandise and at regularly established and reasonable prices may be made without such prior approval of the City Council.

"(b)      Discrimination. All contracts, leases, sales, purchases or fees charged shall be upon reasonable terms and without unjust discrimination and without the grant or exercise of any exclusive right for the use of the airport, and particularly within the meaning of Section 303 of the Civil Aeronautics Act of 1938, and in no case shall the public be deprived of its rightful, equal and uniform use of the airport.

"(c)      Type of Contracts. The Airport Authority shall make no contract, lease, sale, purchase or any other things which shall not be consistent with and necessary or incidental to the use of said property as a public airport, and shall not allow the use of any building thereon for manufacturing or industrial purposes.

"(d)      Construction. Nothing herein contained shall be construed to give the Airport Authority power or authority to do anything in conflict with the laws of the United States, the laws of the State of North Carolina, or the rules and regulations of the Civil Aeronautics Administration of the Federal Government.

"Sec. 14.6. Airport Fund. There is hereby created a separate fund to be known as the Airport Fund, said fund to be maintained and expended in the following manner:

"(a)      Separate Account. The Airport Fund shall be a separate account, based on a fiscal year basis beginning on July 1 and ending June 30 of each year.

"(1)      Appropriated Funds. All sums appropriated by the city to the Airport Authority for the maintenance of the airport, said funds to be immediately transferred by the finance officer of the city from the general funds of the city to the Airport Fund upon its due appropriation by the City Council.

"(2)      Income from Operations. All sums received by the Airport Authority from leases or contracts made, rents or fees charged or otherwise obtained by the Airport Authority through its operation of the airport.

"(3)      Government and Private Use. All federal, State, or private funds received by the city or the Airport Authority for use in the enlargement, improvement, maintenance, equipment, or operation of the airport.

"(4)      Miscellaneous. Any and all other moneys received by either the city or the Airport Authority which are exclusively or primarily for the benefit and improvement of the airport.

"(b)      Expenditures. All sums at any time in the fund may be expended by the Airport Authority in such manner as it, in its bylaws, rules or regulations shall provide.

"(c)      Liability of City Limited. The liability of the city upon any contract, lease or agreement made by the Airport Authority or on account of any other action taken by the Airport Authority shall be limited to the extent of the Airport Fund, and in no manner may the Airport Authority pledge the credit of the city to any greater extent.

"(d)      Annual Report and Budget. At the time of making its annual report as provided for in Section 14.3(e) and as a part thereof, the Airport Authority shall make a complete financial report, setting forth all receipts, from whatever source received, which were put into the Airport Fund during the first nine months of the current fiscal year, and setting forth all disbursements, to whatever source made, which were made from the Airport Fund, and setting forth all assets and liabilities of the Airport Authority at that time. The Airport Fund shall be subject to an annual audit by a certified public accountant as provided by the city and approved by the local government commission. Such audit shall be made at the close of each fiscal year. Along with the May report, the Airport Authority shall submit a budget for the forthcoming year, from which the City Council can determine the amount of money necessary to be appropriated to the Airport Fund for the forthcoming year.

"(e)      Refund to the City. If at any time it shall appear to the City Council that the Airport Fund is greater than necessary to carry out the duties and plans of the Airport Authority, it may require the Airport Authority to pay over into the general funds of the city such amount as may be therein specified; provided, however, that such transfer shall not be in such a sum as to leave the Airport Fund less than the outstanding current liabilities of the Airport Authority, without providing for the payment of such liabilities.

"ARTICLE XV. CLAIMS AGAINST THE CITY

"Sec. 15.1. Presentation of Claims; Suit Upon Claims.

"(a)      All claims or demands against the City of Asheboro arising in tort shall be presented to the City Council 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 city on account of damages to or compensation for real property taken or used by the city for any public purpose, or for the ejectment of the city 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 City Council 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 the 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 termnation of the incapacity, or within three years after the happening or the infliction of the injury complained of, whichever is the longer period. The city may at any time request the appointment of a next friend to represent any person having a potential claim against the city and known to be suffering from physical or mental incapacity.

"Sec. 15.2. Settlement of Claims by City Manager. The City Manager may with the approval of the City Council settle claims against the city for (1) personal injuries or damages to property when the amount involved does not exceed the sum of one hundred dollars ($100.00) and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expense actually incurred, and (2) the taking of small portions of private property which are needed for the rounding of corners at intersections of streets, when the amount involved in any such settlement does not exceed five hundred dollars ($500.00) and does not exceed the actual loss sustained. Settlement of a claim by the City Manager pursuant to this Section shall constitute a complete release of the city from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of, All such settlements, and all such releases shall be approved in advance by the City Attorney."

Sec. 2. The Asheboro Golf Commission, as created by Chapter 240 of the Private Laws of 1935, as amended by Chapter 593 of the Session Laws of 1953, is hereby abolished. The Municipal Fishing Commission of the City of Asheboro, as authorized by Chapter 246 of the Public-Local Laws of 1941, is hereby abolished. From and after the ratification of this Act, all property, real and personal, including accounts reecivable, then belonging to and owned by the Asheboro Golf Commission and belonging to and owned by the Municipal Fishing Commission of the City of Asheboro, shall vest in, belong to, and be the property of the City of Asheboro. The Asheboro Golf Commission and its members, officers, and employees, and the Municipal Fishing Commission of the City of Asheboro and its members, officers, and employees, are hereby authorized, empowered, and directed to perform such acts and to execute such documents, not later than June 30, 1967, as will carry into effect the provisions and the intent of this Section. Henceforth, the property and functions heretofore administered by the Asheboro Golf Commission and the Municipal Fishing Commission of the City of Asheboro shall be administered, performed, and carried out in accordance with the provisions of the Charter of the City of Asheboro, as enacted by Section 1 of this Act, in the same manner as other property, functions, and departments of the city.

Sec. 3. The purpose of this Act is to revise the Charter of the City of Asheboro and to consolidate herein certain Acts concerning the property, affairs, and government of the city. It is intended to continue 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. 4. This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following Acts, portions of Acts, or amendments thereto, whether or not such Acts, portions of Acts, or amendments are expressly set forth herein:

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

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

Sec. 5. (a) The following Acts or portions of Acts, having served the purposes for which enacted, or having been consolidated into this Act, are hereby repealed:

c. 76, Private Laws, 1796

c. 138, Private Laws, 1828-29

c. 88, Private Laws, 1829-30

c. 129, Private Laws, 1829-30

c. 47, Private Laws, 1845

c. 241, Private Laws, 1849

c. 262, Private Laws, 1854-55

c. 160, Private Laws, 1860-61

c. 130, Private Laws, 1873-74

c. 43, Private Laws, 1872-73

c. 79, Private Laws, 1883

c. 26, Private Laws, 1889

c. 301, Private Laws, 1893

c. 352, Private Laws, 1903

c. 337, Private Laws, 1905

c. 316, Private Laws, 1907

c. 288, Private Laws, 1911

c. 312, Private Laws, 1911

c. 348, Private Laws, 1911

c. 14, Private Laws, 1913

c. 295, Private Laws, 1913

c. 179, Private Laws, 1923

c. 48, Private Laws, 1935

c. 110, Private Laws, 1935

c. 240, Private Laws, 1935

c. 362, Public-Local Laws, 1939

c. 246, Public-Local Laws, 1941

c. 419, Session Laws, 1945

c. 476, Session Laws, 1945

c. 428, Session Laws, 1947

c. 1221, Session Laws, 1951

c. 593, Session Laws, 1953

c. 916, Session Laws, 1955

c. 839, Session Laws, 1959

c. 733, Session Laws, 1965

(b)       The following Acts, applying to more than one political subdivision, are hereby repealed in their application to the City of Asheboro:

c. 62, Private Laws, 1933

c. 358, Public-Local Laws, 1933

c. 506, Public-Local Laws, 1933

(c)       c. 930, Session Laws, 1947, which will be superseded by full application of the Judicial Department Act of 1965 in the County of Randolph, is hereby repealed effective on the first Monday in December, 1970.

Sec. 6. No provision of this Act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

(a)       Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this Act;

(b)       Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this Act.

Sec. 7. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:

(a)       The repeal herein of any Act repealing such law, or

(b)       Any provision of this Act that disclaims an intention to repeal or effect enumerated or designated laws.

Sec. 8. (a) All existing ordinances and resolutions of the City of Asheboro, and all existing rules or regulations of departments or agencies of the City of Asheboro, 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 City of Asheboro or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

Sec. 9. Severability. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Sec. 10. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 11. This Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 16th day of May, 1967.