S.L. 1971-695

1971 SESSION

CHAPTER 695

SENATE BILL 762

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

The General Assembly of North Carolina do enact:

Section 1. The Charter of the Town of St. Pauls is hereby rewritten to read as follows:

"Sec. 1. Incorporation and corporate powers.

The inhabitants of the Town of St. Pauls, North Carolina, within the boundaries as established in Section 3 of this Charter or as hereafter established in the manner provided by law, shall continue to be a body politic and corporate by name the Town of St. Pauls, and under that name shall have perpetual succession; may use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for any municipal purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, lease or condemnation and may sell, lease, hold, manage and control such property as its interest may require; and, except as prohibited by the Constitution of North Carolina or restricted by this Charter, the Town of St. Pauls shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The following shall be deemed to be a part of the powers conferred upon the Town of St. Pauls by this section:

(1) To levy, assess and collect taxes and to borrow money within the limits prescribed by general law; and to levy and collect special assessments for benefits conferred.

(2) To furnish all local public services; to purchase, hire, construct, own, maintain and operate or lease local public utilities; to acquire, by condemnation or otherwise, within or without the corporate limits, property necessary for any such purposes, subject to restrictions imposed by general law for the protection of other communities; and to grant local public utility franchises and regulate the exercise thereof.

(3) To make local public improvements and to acquire, by condemnation or otherwise, property within or without its corporate limits necessary for such improvements; and also to acquire an excess over that needed for any such improvement, and to sell or lease such excess property with restrictions, in order to protect and preserve the improvement.

(4) To issue and sell bonds on the security of any such excess property, or of any public utility owned by the town, or of the revenues thereof, or of both, including the case of a public utility, if deemed desirable by the town, a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate such utility.

(5) To organize and administer public libraries.

(6) To adopt and enforce within its limits local police, sanitary and other similar regulations not in conflict with general laws.

(7) Police officers of the Town of St. Pauls shall have authority to include all territory within one mile of the corporate limits of the town in the exercise of their duties as policemen.

Except as otherwise provided in this act the Board of Commissioners shall have authority to determine by whom and in what manner the powers granted by this section shall be exercised.

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

"Sec. 3. Corporate limits. The corporate limits of the town of St. Pauls shall be as follows:

BEGINNING at a stake in a small branch, D. A. McGougan and L. A. McGeachy's corner, said corner being located 1 chain and 50 links due South of the west end of a small dam on said branch, said beginning corner also located by beginning at a point where the north line of Broad Street crosses the center of the main line of the Virginia and Carolina Southern Railroad, and running South 40 degrees East 54 chains; and running thence as the McGougan-McGeachy line North 2 degrees East 3399 feet to a 1/2 inch iron pipe in concrete at the edge of a large pocosin; thence North 80 degrees West 2267.25 feet to a railroad spike in the eastern edge of Railroad Street and in the western right-of-way line of the Virginia and Carolina Southern Railroad, said stake being 50 feet west of the center line of said railroad; thence as the western line of said right of way North 21 degrees 30 minutes East 540.74 feet to a concrete monument in said right of way; thence North 80 degrees West 1607.02 feet to a concrete monument in the western right-of-way line of U. S. Highway No. 301, 5th Street extended, and being 50 feet west of the center line of said highway; thence as the western line of said highway right of way North 10 degrees 02 minutes East 1035 feet to a concrete monument in said right of way; thence North 81 degrees 33 minutes West 442.30 feet to a concrete monument in the line of a ditch 4 feet north of and west of the school fence; thence South 8 degrees 43 minutes West 606.00 feet to a concrete monument in the line of another ditch 4 feet west of the school fence; thence North 79 degrees 40 minutes West 454.85 feet to a concrete monument in the line of a ditch and in the western line of the right of way of the old Stage Road, said marker being located 30 feet west of the center line of said road; thence along the western right-of-way line of the old Stage Road South 6 degrees 58 minutes West 151.05 feet to a concrete monument located in the western right-of-way line of the old Stage Road and being 30 feet west of the center line of said road and in the northern right-of-way line of Britt Street (officially named by the Town Board of Commissioners April 1, 1965) 20 feet north of the center line of said street and also in the line of an iron pipe marker between L. S. Britt and Cutler Ballance; thence North 83 degrees 43 minutes West and as the line of L. S. Britt and Cutler Ballance and in the northern right-of-way line of Britt Street 817.00 feet to a concrete monument, said monument being 150 feet west of the western right-of-way line of North Wilkinson Drive; thence South 6 degrees 58 minutes West and parallel with North Wilkinson Drive 675.00 feet to a concrete monument in the new north line of Shaw Street (25 feet North of center); thence along the north line of Shaw Street North 83 degrees 43 minutes West 976.70 feet to a concrete monument in the northeast line of the Parnell Oil Company property; thence along said line North 49 degrees 02 minutes West 250.10 feet to a concrete monument in the curved eastern right-of-way line of a ramp leading off of N. C. Highway 20 onto Interstate 95; thence along said curved right of way, the chord being South 20 degrees 41 minutes West 12.77 feet to concrete right-of-way monument, the PT of said curve; thence continuing along the eastern right-of-way line of said ramp South 20 degrees 43 minutes West 330.39 feet to a concrete right-of-way monument; thence continuing along said right of way South 13 degrees 46 minutes East 216.30 feet to a concrete monument in the north right of way (70 feet from center) of N. C. Highway 20; thence along said right of way South 47 degrees 58 minutes East 356.59 feet to a concrete monument in said right of way (70 feet from center) and in the southeast right of way (25 feet from center) of Shaw Street; thence along the southeast line of Shaw Street South 42 degrees 02 minutes West 40.00 feet to a concrete monument in the northeast right of way (30 feet from center) of N. C. Highway 20; thence along the northeast right of way of N. C. Highway 20 South 47 degrees 58 minutes East 295.68 feet to a concrete monument in said right of way (30 feet from center) the PC of a curve in said right of way; thence continuing along the curved northeastern line of N. C. Highway 20, the chord being South 48 degrees 26 minutes East 131.40 feet to a concrete monument in said curved right of way (30 feet from center) and in the original western corporate limits of the Town of St. Pauls; thence along said original line South 10 degrees 00 minutes West crossing N. C. Highway 20, 1002.58 feet to a concrete monument in a field west of Cumbo Branch; thence South 80 degrees 00 minutes East 2640.00 feet to a nail on the porch of the Dr. L. J. Moore residence; thence due South passing through a concrete monument in south line of Sylvia Street at 2156.44 feet, continuing a total distance of 2256.44 feet to a stake at high water mark on the north side of the Great Marsh; thence down the various courses of said highwater mark to and up the first mentioned small branch in an eastern direction to the beginning.

"Sec. 4. Creation, salary and composition of Mayor and Board of Commissioners. Except as otherwise provided in this Charter all powers of the town shall be vested in a Board of Commissioners composed of six members and a mayor elected from the town at large in a manner hereinafter provided. The term of office of the mayor shall be four years after the term of the present mayor expires (the new term of mayor beginning the first Thursday in June, 1973, shall be a four-year term) and the Board of Commissioners shall be elected for four-year terms and until their successors are elected and qualified, and their terms shall begin on the first Thursday of June next following their election. If a vacancy occurs in the office of mayor or the Board of Commissioners, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the Board of Commissioners. Each member of the Board of Commissioners shall receive fifteen dollars ($15.00) compensation for each meeting attended and the mayor shall receive twenty-five dollars ($25.00) compensation for each meeting attended, with a limit of two meetings per month to be compensated for. Compensation and allowances of the mayor and commissioners hereafter shall be in accordance with the General Statutes of North Carolina controlling municipal officers as set forth in G.S. 160-9.1 or subsequent amendments thereto. Members of the Board of Commissioners and the mayor shall be qualified electors of the town. A member of the Board of Commissioners or the mayor ceasing to possess any of the qualifications specified in this section, or convicted of a felony or a serious misdemeanor while in office, shall immediately forfeit his office.

"Sec. 5. Meetings of the Board of Commissioners. At 7:30 p.m. on the first Thursday of June following a regular municipal election, the Board of Commissioners and mayor shall meet at the usual place for holding its meetings and the newly-elected members, and then they shall then be sworn into the office for which they have been elected, and then they shall constitute the new board and mayor of the Town of St. Pauls. Thereafter the Board of Commissioners shall meet at such times as may be prescribed by ordinance or resolution, but not less frequently than once each month. Special meetings shall be called by the clerk upon the written request of the mayor or three members of the Board of Commissioners. Any such notice shall state the subject to be considered at the special meeting and no other subject shall there be considered. All meetings of the Board of Commissioners and of committees thereof shall be open to the public, and the rules of the Board of Commissioners shall provide that citizens of the town shall have a reasonable opportunity to be heard at any such meetings in regard to any matter considered thereat.

"Sec. 6. Mayor and Mayor Pro Tempore. At its first meeting in the month of June following a regular municipal election the Board of Commissioners shall choose one of its members as vice-chairman, who shall act as mayor pro tempore. The mayor shall preside at meetings of the Board of Commissioners and shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him be the general laws of North Carolina, by this Charter and the ordinances of the town. He shall be recognized as the head of the town government for all ceremonial purposes, by the courts for serving civil processes, and by the Governor for purposes of military law. In time of public danger or emergency, the mayor shall, if so authorized and directed by vote of the Board of Commissioners, take command of the police, maintain order and enforce the law. In case of the absence or disability of the mayor, the mayor pro tempore shall act as mayor during the continuance of the absence or disability.

"Sec. 7. Board of Commissioners: rules. The Board of Commissioners shall be the judges of the election and qualifications of its members and of the mayor, and in such cases shall have power to subpoena witnesses and compel the production of all pertinent books, records, and papers; but the decision of the Board of Commissioners in any such case shall be subject to review by the courts. The Board of Commissioners shall determine its own rules and order of business and keep a journal of its proceedings.

"Sec. 8. Quorum. A majority of the members of the Board of Commissioners shall constitute a quorum to do business, but a lesser number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members of the Board of Commissioners shall be necessary to adopt any ordinances, resolutions, order or vote; except that a vote to adjourn, or regarding the attendance of absent members, may be adopted by a majority of the members present. No member shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are involved.

"Sec. 9. Introduction and passage of ordinances and resolutions. Ordinances and resolutions shall be introduced in the Board of Commissioners only in written or printed form. All ordinances, except ordinances making appropriations and ordinances codifying or rearranging existing ordinances or enacting a code of ordinances, shall be confined to one subject, and the subject, or subjects of all ordinances shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. The yeas and nays shall be taken upon the passage of all ordinances and resolutions and then entered upon the journal of the proceedings of the Board of Commissioners. The enacting clause of all ordinances shall be: "Be it ordained by the Town of St. Pauls:"

"Sec. 10. When ordinances and resolutions take effect; emergency measures. Ordinances making the annual tax levy, appropriations ordinances, ordinances and resolutions pertaining to local improvements and assessments, ordinances and resolutions providing for or directing any investigation of town affairs, resolutions requesting information from administrative officers or directing administrative action, and emergency measures shall take effect at the time indicated therein. Except as otherwise prescribed in this Charter, all ordinances and resolutions passed by the Board of Commissioners shall take effect at the time indicated therein, but not less than 30 days from the date of their passage. An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health or safety, in which the emergency claimed is set forth and defined in a preamble thereto. The affirmative vote of at least four members of the Board of Commissioners shall be required to pass any ordinance or resolution as an emergency measure. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. No situation shall be declared an emergency by the Board of Commissioners except as defined in this section, and it is the intention of this Charter that such definition shall be strictly construed by the courts.

"Sec. 11. Authentication and publication of ordinances and resolutions. Upon its final passage each ordinance or resolution shall be authenticated by the signature of the mayor and town clerk and shall be recorded in a book kept for that purpose. Within ten days after final passage, a notice setting forth in brief the substance of each ordinance shall be published or posted in such manner as the Board of Commissioners may prescribe.

"Sec. 12. Municipal elections. The regular election for the choice of members of the Board of Commissioners shall be held on Tuesday following the first Monday in May in odd numbered years. Election of a mayor shall be in 1973 and each four years thereafter. The Board of Commissioners may by resolution order a special election, fix the time for holding the same, and provide all means for holding such special election.

"Sec. 13. Regulations of elections. All elections shall be conducted in accordance with Article 3, Chapter 160, of the General Statutes of North Carolina, relating to municipal elections, except as may be in conflict with the provisions of this Charter.

"Sec. 14. Registration. Notwithstanding any other provisions of this Charter or any other law, the Board of Commissioners of the Town of St. Pauls is hereby empowered and authorized, in its discretion, to contract with the Robeson County Board of Elections for the use of the county registration books or for the holding of all elections in the municipality, or both, as herein provided. The County Board of Elections and the Board of Commissioners of St. Pauls are authorized to enter into such contracts, upon such terms and conditions as may be mutually agreed, for the use of the county registration books, process, or records, and the registrars of the county, for the registration of voters and the holding of elections in the municipality.

In the event the Board of Commissioners, by resolution duly passed, elect to use the county registration books and registrars in municipal elections, all persons duly registered in the county books, who live within the corporate limits, shall be entitled to vote in any election held in the municipality. The municipal registration books previously used by the town shall no longer be used in municipal elections and shall be impounded by the town clerk. The county registration books for the precincts within the town shall remain in the custody of the Robeson County Board of Elections.

Upon request of the Board of Commissioners of St. Pauls, by resolution duly adopted, the Robeson County Board of Elections shall hold, conduct and supervise, in every respect, all regular and special elections in the municipality in accordance with the provisions of law which are applicable to registration of voters, and general elections in Robeson County.

The Town of St. Pauls and the Robeson County Board of Elections are hereby expressly authorized to enter into contracts and agreements, upon such terms and conditions as may be mutually agreed, for the payment of any expense necessary for the purchase of new or additional materials, equipment, personnel, and for the holding, conduction and supervision of all municipal elections.

"Sec. 15. Election of Mayor and Board of Commissioners. All members of the Board of Commissioners and the mayor shall be elected at large. Every voter shall be entitled to vote for one candidate for mayor and shall vote for as many candidates as there are members to be elected to the Board of Commissioners. All candidates up to the number to be elected who received the largest number of votes shall be declared elected.

"Sec. 16. The mayor and Board of Commissioners in office at the time this Charter takes effect, shall continue in office until their respective terms expire and their successors are duly elected and qualified.

"Sec. 17. Any qualified elector of the town may become eligible for election for mayor or as a member of the Board of Commissioners by personally filing with the town clerk, not later than 15 days before the election a notice of candidacy in form as follows:

'I hereby file my notice as a candidate for the office of ___________ in the town election to be held on .'

There shall be paid to the clerk of the town a filing fee of five dollars ($5.00) at the time of filing the notice as hereinbefore set out.

"Sec. 18. Appointments of officers and employees. The Board of Commissioners may appoint a town clerk, a treasurer, a tax collector, an accountant, a town attorney, a chief of police, a fire chief, and such other officers and employees as may be necessary, none of whom need be a resident of the town at the time of appointment: Provided, that at the direction of the Board of Commissioners one person may perform the duties of any two or more such positions. Such employees or officers shall serve at the pleasure of the Board of Commissioners, and shall perform such duties as may be prescribed by the Board of Commissioners. The Board of Commissioners shall fix all salaries, prescribe bonds and require such oaths as they may deem necessary.

"Sec. 19. Town Clerk. The Board of Commissioners shall choose a town clerk. The town clerk shall keep the records of the Board of Commissioners and perform such other duties as may be required by law or by the Board of Commissioners. In lieu of appointing a town clerk, the Board of Commissioners is hereby authorized, in its discretion and by resolution duly adopted, to appoint a town manager, as provided by general law. The town manager shall have the same powers and duties conferred upon city managers as provided by general law, and he shall perform such other administrative functions as may be imposed upon him by the Board of Commissioners.

"Sec. 20. Duties of Town Attorney. The attorney shall be an attorney at law who shall have practiced in the State of North Carolina for at least four years. He shall be the chief legal adviser of and attorney for the town and all departments and offices thereof in matters relating to their official powers and duties. It shall be his duty, either personally or by such assistants as he may designate, to perform all services incident to the department of law; to attend all meetings of the Board of Commissioners when so requested; to prosecute or defend, as the case may be, all suits or cases to which the town may be a party; to prepare all contracts, bonds and other instruments in writing in which the town is concerned, and to endorse on each his approval of the form and correctness thereof; and to perform such other duties imposed upon the town attorney by this Charter or required of him by ordinance or resolution of the Board of Commissioners. He shall perform any duties imposed upon the chief legal officers of municipalities by law.

"Sec. 21. Duties of Town Accountant. The town accountant, or the town clerk, or the town manager, whichever shall apply, shall prepare the budget in accordance with the general local government laws of North Carolina relating to the preparation of municipal budgets. He shall have authority and shall be required: To maintain accounting control over the finances of the town government, for which purpose he is empowered to operate a set of general accounts embracing all the financial transactions of the town, and such subsidiary accounts and cost records as may be required by ordinance or by the Board of Commissioners for purposes of administrative direction and financial control; to prescribe the forms of receipts, vouchers, bills, or claims to be filed by all departments and agencies of the town government; to examine and approve all contracts, orders and other documents by which the town incurs financial obligations, having ascertained before approval that moneys have been duly appropriated and allotted to meet such obligations and will become available when the obligations have become due and payable; to audit and approve all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the town government and to determine the regularity, legality, and correctness of such claims, demands or charges; to make monthly reports on all receipts and expenditures of the town government to the mayor and Board of Commissioners and to take monthly reports on funds appropriations, allotments, encumbrances, and authorized payments to the mayor, the Board of Commissioners, and the head of the department or agency directly concerned; to inspect and audit any accounts or records of financial transactions which may be maintained by any department or agency of the town government apart from or subsidiary to the general accounts; and to perform such other duties pertaining to the financial records of the town government as the Board of Commissioners may require by ordinance.

"Sec. 22. Duties of Town Tax Collector. The tax collector shall collect all taxes, licenses, fees, and other moneys belonging to the town government, subject to the provisions of this Charter and ordinances enacted thereunder, and he shall diligently comply with and enforce the general laws of North Carolina relating to the collection, sale and foreclosure of taxes by municipalities. It shall be the duty of the tax collector to deposit daily in the town depository all money belonging to the town.

"Sec. 23. Duties of Town Treasurer. The treasurer, if any, shall have custody of and shall disburse all moneys belonging to the town government subject to the provisions of this Charter and ordinances enacted thereunder, shall have custody of all investments and invested funds of the town or in possession of the town in a fiduciary capacity, and shall keep a record of such investments, and shall have custody of all bonds and certificates of town indebtedness including such bonds and certificates unissued or cancelled, and the receipt and delivery of town bonds and certificates for transfer, registration, or enchange.

"Sec. 24. Custody of town money. All moneys received by department or agency of 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 ordinance. All interest on moneys belonging to the town shall accrue to the benefit of the town government. All moneys belonging to the town government shall be disbursed only on vouchers signed by the town clerk and countersigned by the mayor of the town.

"Sec. 25. Independent audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the town government by qualified public accountants, who have no personal interest directly or indirectly in the financial affairs of the town government or of any of its officers, selected by the Board of Commissioners. The results of this audit shall be published immediately upon completion.

"Sec. 26. 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, except records and documents, the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

"Sec. 27. Personal interest. Neither the mayor nor any member of the Board of Commissioners nor any officer or employee of the town shall have a financial interest, direct or indirect, in any contract with the town, or be financially interested, directly or indirectly, in the sale to the town of any land, materials, supplies or services, except on behalf of the town as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the town found guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the town shall render the contract voidable by the Board of Commissioners.

"Sec. 28. Oath of office. Every officer of the town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the town clerk: 'I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of North Carolina, that I will, in all respects, observe the provisions of the Charter and ordinances of the Town of St. Pauls and will faithfully discharge the duties of the office of ________________.'

"Sec. 29. 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. 30. 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 inconsistent herewith, insofar as the Town of St. Pauls is affected thereby."

Sec. 2. Chapter 411 of the 1957 Session Laws, Chapter 29 of the 1959 Session Laws, and Chapter 785 of the 1965 Session Laws are hereby repealed and all other laws and clauses of laws in conflict with this act.

Sec. 3. This act shall become effective on July 1, 1971.

In the General Assembly read three times and ratified, this the 29th day of June, 1971.