NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 180

HOUSE BILL 450

 

AN ACT TO PROVIDE FOR A NEW CHARTER FOR THE CITY OF MORGANTON.

 

The General Assembly of North Carolina enacts:

 

Section 1. A charter for the City of Morgantown shall be as follow:

"ARTICLE I.

"INCORPORATION, POWERS, BOUNDARIES, FORM OF GOVERNMENT.

"Section 1.1. Incorporation. – The City of Morganton, North Carolina, in the County of Burke, and the inhabitants thereof, within the corporate limits as now or hereafter established shall continue to be a municipal body politic and corporate, under the name of the City of Morganton (hereinafter at times referred to as the 'City').

"Sec. 1.2. Powers. – The City shall have all the powers, duties, rights, privileges, and immunities now vested in the City and now or hereafter granted to municipal corporations by the Constitution, by the General Laws of the State of North Carolina, and by this Charter. The City shall exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, and general welfare of the City and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if such powers were fully enumerated herein.

"Sec. 1.3. Corporate limits. – The corporate limits of the City shall be the same as those of the City of Morganton as provided by law and existing on the effective date of this Charter, or as hereafter changed in accordance with law. The Director of Engineering shall prepare a map to be designated 'Map of the City of Morganton Corporate Limits' showing the corporate boundaries of the City as the same may exist on the effective date of this Charter. The Director of Engineering shall also prepare a written description of the corporate boundaries as shown on the map to be designated 'Description of Morganton Corporate Limits'. Said map and description shall be retained permanently in the office of the City Manager as the official map and description of the corporate limits of the City. Upon any alteration or change of the corporate limits, made in accordance with law, the Director of Engineering shall immediately indicate any such alteration or change by making appropriate changes and/or alterations to the official map and description of the Morganton Corporate Limits. Photographic types or other copies of the official map and description of the Morganton City Limits certified as provided by law for the certification of ordinances shall be admissible in evidence in all courts and shall have the same force and effect as the official map and description of the Morganton Corporate Limits. Revisions and rewritten descriptions of the corporate limits of the City shall supersede for all purposes the earlier maps and descriptions which are respectively replaced. All extensions of the corporate limits shall be governed by the applicable provisions of the General Laws of North Carolina.

"Sec. 1.4. Form of government. – The government of the City provided by this Charter shall be the 'Council-Manager Form of Government' as provided by law.

"ARTICLE II.

"MAYOR AND COUNCIL.

"Chapter 1. The Council.

"Sec. 2.1. Number of members; election. – The Council shall consist of the Mayor and four (4) council members who shall be elected as provided in this Charter and in accordance with the uniform municipal election laws of North Carolina.

"Sec. 2.2. Terms of office. – Members of the Council shall serve for a term of four (4) years, beginning upon the day and hour of the organizational meeting held at the first regular meeting of the Council in December after the results of the election have been certified, and they shall serve until their successors have taken office.

"Sec. 2.3. Qualifications. – To be eligible for election as a council member or appointment and service as a council member, a person must be eligible for election by the people under the Constitution of North Carolina. In addition, a person must be a resident of the election district he seeks to represent and must continue to reside therein during his or her term of office.

"Sec. 2.4. Compensation. – Members of the Council shall receive as compensation for their services an amount fixed by ordinance of the Council. Each council member shall receive the same compensation and no change in any such compensation shall be effective until the date of the commencement of the terms of members of the Council elected at the next regular election following such change. The Council shall by ordinance establish a policy for reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties.

"Sec. 2.5. Vacancies. – A vacancy in the membership of the Council shall exist when a duly elected person fails to qualify, or when a member who has been duly elected and qualified either dies, resigns, no longer meets the requirements of Section 2.3, or is recalled as provided by this Charter. A vacancy in the office of a council member shall be filled by majority vote of the remaining members of the Council within a period of ninety (90) days following the date that such vacancy occurs.

"Sec. 2.6 through 2.10. Reserved.

"Chapter 2. Mayor.

"Sec. 2.11. Election and term of office. – The Mayor shall be elected as provided in this Charter for a term of two (2) years. The term of office of the Mayor shall commence on the day and hour of the organizational meeting held at the first regular meeting of the Council in December after the results of the election have been certified, and he shall serve until his successor has taken office.

"Sec. 2.12. Qualifications. – To be eligible for election as Mayor, a person must be eligible for election by the people to office under the Constitution of North Carolina.

"Sec. 2.13. Compensation. – The Council shall fix the annual compensation of the Mayor. No increase in the Mayor's compensation shall become effective until the date of the commencement of the term of office of the Mayor elected at the next regular election following such increase. The Council shall by ordinance provide for reimbursement of the actual and necessary expenses of the Mayor incurred in the performance of his official duties.

"Sec. 2.14. Vacancy; absence or disability. – (a)  A vacancy in the office of Mayor shall exist when a duly elected person fails to qualify or when a person who has been elected and has qualified dies, resigns, or no longer meets the requirements of Section 2.11 of this Charter, or is recalled. If a vacancy occurs in the office of Mayor, the Council shall by majority vote appoint some qualified person to fill the office for the remainder of the unexpired term. The Mayor Pro Tempore shall discharge the powers and duties of the office of Mayor until the office is filled, and he shall receive the same compensation as received by the office of Mayor during such period of service. The council seat of Mayor Pro Tempore is not vacant during any period in which the Mayor Pro Tempore discharges powers and duties of the office of Mayor.

(b)       During the absence or disability of the Mayor, the Mayor Pro Tempore shall perform the powers and duties of the Mayor during the period that such absence or disability exists. The inability of the Mayor to perform the duties of his office shall be determined by the Council in accordance with the provisions of G.S. 160A-70.

"Sec. 2.15. Powers and duties. – (a)  The Mayor shall be the official head of the City government. Consistent with the provisions of this Charter, he shall be vested with all of the powers, duties, rights, privileges and immunities granted to and conferred on Mayors of Cities by the General Laws of North Carolina.

(b)       The Mayor shall preside at meetings of the Council and shall have all the rights, powers, duties and responsibilities as a member of the Council, except that he shall be entitled to vote on matters before the Council only where there is an equal division on a question, and then the Mayor shall determine the matter by his vote. He shall vote in no other case.

(c)       The Mayor, unless some other officer is authorized by the Council, shall sign written contracts and deeds of the City and any of its agencies.

(d)       The Mayor shall be authorized to appoint for his information and assistance, advisory boards, commissions, and committees, which shall be answerable to him, but whose actions shall be advisory in nature.

(e)       The Mayor shall perform such other duties consistent with this Charter as may be conferred upon him by ordinance of the Council.

"Sec. 2.16 through 2.20. Reserved.

"Chapter 3. Organization, Rules, Offices.

"Sec. 2.21. Organizational meeting; oath; election of Mayor Pro Tempore. – The Council shall meet for organization in the Council Chamber on the date and at the time of the first regular meeting in December after the results of the election have been certified, or if such day is a legal holiday, on the next following day not a legal holiday. At that meeting, the Mayor and each member of the Council whose term of office begins on that day shall take and subscribe the oath required by the Constitution of North Carolina. The Judge of the Superior Court, or his designee, or other qualified person selected by the incumbent council members, shall administer the oath. Following the induction of new members, the Council by majority vote shall elect a council member to serve as Mayor Pro Tempore, who shall serve at the pleasure of the Council and until his successor is elected.

"Sec. 2.22. Rules; quorum; voting. – (a)  The Council shall by ordinance adopt and publish rules to govern its proceedings and transaction of business. A majority of the Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time to compel the attendance of absent members in such manner as may be prescribed by ordinance. The number required for a quorum shall not be affected by vacancies.

(b)       Except where a greater number is required by law, an affirmative vote equal to a majority of all the voting members of the council present and not excused from voting on a question (including the mayor's vote in case of equal division) shall be required to adopt any ordinance or any resolution or motion having the effect of an ordinance; provided, however, that no ordinance shall be finally adopted on the date it is introduced unless adopted by an affirmative vote equal to or greater than two thirds of all of the council members, not including any member excused from voting on the question (but including the mayor's vote in case of equal division). No member of the Council shall be excused from voting except on matters involving the consideration of his own official conduct or involving his financial interest. The question of compensation and allowances of members of the Council or the Mayor shall not be considered to involve a member's own financial interest or official conduct. In all other cases, a failure to vote by a member who is physically present in the council chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote.

"Sec. 2.23. Meetings. – (a)  The rules of the Council shall provide for the time and place for holding regular meetings, which shall be held at least once each month. Special meetings shall be called in accordance with the procedure provided by G.S. 160A-71(b).

(b)       Except as otherwise provided by law, all meetings of the Council shall be open to the public, and any citizen shall have access to the minutes and records thereof at reasonable times and under such conditions as provided by ordinance.

"Sec. 2.24. City Attorney. – The Council shall appoint a City Attorney to serve at its pleasure. The City Attorney shall be a member of the State Bar of North Carolina in good standing. The compensation of the City Attorney shall be fixed by the Council. The City Attorney shall be the legal advisor to and attorney and counsel to the City and its officers in matters relating to their official duties.

"Sec. 2.25 through 2.30. Reserved.

"Chapter 4. Legislative Powers and Procedures.

"Sec. 2.31. Legislative powers. – All legislative powers of the City are hereby vested in the Council.

"Sec. 2.32. Legislative procedure. – (a)  Except as otherwise provided by law, the procedures governing the manner of introduction, form, distribution, and reading of ordinances and resolutions shall be prescribed by rules of the Council.

(b)       In all other respects, the amendment, repeal, pleading or proving of ordinances shall be governed by the applicable provisions of the General Laws of North Carolina not inconsistent with this Charter.

(c)       The Council shall prescribe by ordinance or rule the manner and procedures for the introduction, consideration and adoption of ordinances to meet any public emergency affecting the life, health, property or public peace of the City, provided that no such emergency ordinance shall levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money except as provided by law.

(d)       The Council may adopt any standard code of technical regulations by reference thereto in the adopting ordinance as provided by General Law.

(e)       All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein or unless otherwise provided by General Law. The procedure for authentication and recording of ordinances and resolutions shall be prescribed by rules of the Council.

"Sec. 2.33. Initiative and referendum. – The qualified voters of the City may by petition propose to the Council any ordinance and require reconsideration by the Council of any adopted ordinance except a budget ordinance. An initiative or referendum petition shall bear the signatures equal in number to at least fifteen percent (15%) of the registered voters of the City qualified to vote in the last preceding general municipal election.

(1)       Initiative. If the Council fails to adopt an ordinance substantially as proposed by an initiative petition within sixty (60) days after the date on which the petition was certified as sufficient, the Council shall cause the proposed ordinance to be submitted to the voters of the City. The vote on the proposed ordinance shall be held within ninety (90) days of the date on which the initiative petition was certified as sufficient. If a majority of those voting in the election approve the proposed ordinance, it shall become an ordinance of the City on the date the results of the election are certified unless a different effective date is contained in the proposed ordinance.

(2)       Referendum. If the Council fails to repeal any ordinance that is the subject of a referendum petition within sixty (60) days after the sufficiency of the referendum petition is certified, the Council shall cause the ordinance to be submitted to the voters of the City. The vote on the ordinance shall be held within ninety (90) days of the date on which the referendum petition was certified as sufficient. If a majority of those voting in the election approve the repeal of the ordinance, the ordinance shall be repealed on the date the results of the election are certified. If a majority of those voting in the election reject the repeal of the ordinance, the ordinance shall continue as an ordinance of the City.

The Council by ordinance shall determine the procedures for submitting, filing, verification and certification of initiative and referendum petitions and for calling an election on the initiated or referred ordinance.

"Sec. 2.34 through 2.40. Reserved.

"ARTICLE III.

"ELECTIONS.

"Chapter 1. Representation.

"Sec. 3.1. Manner of election; voting. – (a)  The entire electorate of the City shall be entitled to vote in elections for Mayor and the four (4) council members who shall reside respectively in Council Districts No. 1, No. 2, No. 3, and No. 4.

(b)       At the regular municipal election to be held in November, 1975, there shall be an election in the City for the selection of the Mayor and the two council members in office on the effective date of this Charter whose terms of office expire in 1975. At the regular municipal election to be held in November, 1977, there shall be an election in the City for the selection of the two council members in office on the effective date of this Charter whose terms expire in 1977, and the Mayor elected in the November, 1975, election whose term expires in 1977. Thereafter every two years there shall be held an election to select the successor to the Mayor and to the council members whose terms are expiring.

"Sec. 3.2. Council districts. – A written description of and a map showing the boundaries of the respective four council districts shall be prepared and maintained by the Director of Engineering. Said description and map shall be retained on file in the office of the City Manager and shall be available for public inspection.

"Sec. 3.3 through 3.10. Reserved.

"Chapter 2. Conduct of Elections.

"Sec. 3.11. Applicability of General Laws. – Except as otherwise provided in this Charter, Chapter 163 of the General Statutes as applicable to cities shall govern the conduct of elections for the offices of Mayor and members of the Council. All other elections and referenda of the City shall be conducted in accordance with the provisions of the General Statutes of North Carolina applicable to cities.

"Sec. 3.12. Election board; officials. – The City of Morganton Board of Elections shall conduct the elections for the City government unless otherwise provided by the Council.

"Sec. 3.13. Method of election. – The Mayor and members of the Council shall be elected by the nonpartisan election and runoff election method as provided in G.S. 163-290(a)(4).

"Sec. 3.14. Time of election. – Elections shall be held biennially on the fourth Tuesday before the Tuesday after the first Monday in November beginning in 1975 and runoff elections, if required, shall be held on Tuesday after the first Monday in November.

"Sec. 3.15. Special elections. – The Council shall have power to call special elections as provided by law. All special elections shall be conducted in accordance with the applicable General Statutes of North Carolina.

"Sec. 3.16. Precincts. – For purposes of municipal elections in the City of Morganton, the City shall be divided into such number of precincts and in such manner and with such polling places as the Council may from time to time determine and designate by proper resolution.

"Sec. 3.17 through 3.20. Reserved.

"Chapter 3. Recall.

"Sec. 3.21. Officials subject to recall. – The Mayor or a member of the Council shall be subject to removal pursuant to this Chapter. An official may be removed upon the filing of a sufficient recall petition and the affirmative vote of a majority of those voting on the question of removal at a recall election. No official may be subject to recall during the first year or the last six months of his term of office.

"Sec. 3.22. Petition; procedure. – A recall petition shall be filed with the City of Morganton Board of Elections. A petition to recall the Mayor or a council member shall bear the signatures of qualified voters of the City equal in number to at least twenty-five percent (25%) of the registered voters of the City qualified to vote in the last preceding general municipal election.

The City of Morganton Board of Elections shall verify the petition signatures. If a sufficient recall petition is submitted, the City of Morganton Board of Elections shall certify its sufficiency to the Council, and the Council shall adopt a resolution calling for a recall election to be held not less than forty-five (45) days nor more than ninety (90) days after the date the petition has been certified to the Council. The election may be held alone or at the same time as any other general or special election within the period. The City of Morganton Board of Elections shall conduct the recall election.

If a majority of the votes cast on the question are against the official's recall, he shall continue in office. If a majority of the votes cast on the question are for the recall of the official, he is removed on the date the City of Morganton Board of Elections certifies the results of the election. A vacancy created by removal of a member of the Council or the Mayor shall be filled as provided in Section 2.5 or Section 2.14 of this Charter.

"Sec. 3.23. through 3.30. Reserved.

"ARTICLE IV.

"ORGANIZATION AND ADMINISTRATION.

"Chapter 1. General Provisions.

"Sec. 4.1. City departments and agencies. – Except as provided by this Charter, the departments and agencies of the City shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the City Manager consistent therewith. The operations and responsibilities of such departments and agencies shall be distributed among such divisions, or bureaus and shall consist of such officers and employees as may be provided by ordinance or administrative regulations consistent therewith.

"Sec. 4.2. Administrative reorganization. – In accordance with the provisions of this Charter and the general laws of the State, the Council may by ordinance provide for the reorganization of the administrative structure and reorganization of the City government.

"Sec. 4.3 through 4.10. Reserved.

"Chapter 2. City Manager.

"Sec. 4.11. Appointment, qualifications, term. – The Council shall appoint a City Manager to serve at its pleasure. The City Manager shall be appointed solely on the basis of his executive and administrative qualifications, and he need not be a resident of the City or State when appointed.

"Sec. 4.12. Chief executive officer. – The City Manager shall be the chief executive officer of the City government. He shall be responsible to the Council for the proper and efficient administration of the City government.

"Sec. 4.13. Duties and responsibilities. – The City Manager shall:

(a)       See that the laws of the State and the ordinances, resolutions, rules and regulations of the City are faithfully executed and enforced;

(b)       Prepare the agenda and attend meetings of the Council and recommend for adoption any measure he deems expedient;

(c)       Make reports to the Council from time to time upon the affairs of the City and keep the Council fully advised of the City's financial condition and its future financial needs;

(d)       Appoint and suspend or remove all City employees, except the City Attorney, in accordance with such general personnel rules, regulations, policies or ordinances as the Council may adopt;

(e)       Prepare and submit the annual budget and capital program to the Council;

(f)        Direct and supervise the administration of all departments, properties, and operations of the City subject to the general direction and control of the Council;

(g)       Act in a liaison capacity on behalf of the Council with boards, offices, agencies and commissions of the City;

(h)       Sign contracts, deeds, licenses and other public documents on behalf of the City as authorized by the Council; and

(i)        Exercise any other powers and perform any other duties required or authorized by the Council and not inconsistent with this Charter.

"Sec. 4.14. Absence or disability. – The City Manager may designate, with the approval of the Council, a qualified person to exercise the powers and perform the duties of the City Manager during his temporary absence or disability for a period of fourteen (14) days from the date of such absence or disability. The length of such period may be extended by the Council.

"Sec. 4.15. Liaison with administrative service. – All liaison between the Mayor and Council members, and the department heads or employees of the City, shall be through the City Manager. Neither the Mayor nor any member of the Council shall direct the appointment of any person to, nor his removal from, office by the City Manager. Except for the purpose of inquiry, the Council and its members shall not deal with the administrative service except through the City Manager. Neither the Mayor nor any member of the Council shall give orders to any subordinates of the City Manager either publicly or privately.

"Sec. 4.16 through 4.20. Reserved.

"Chapter 3. Administrative Officers and Employees.

"Sec. 4.21. City Clerk. – The Council shall designate the City Manager as City Clerk. He shall be responsible for keeping a journal of the proceedings of the Mayor and Council and maintaining, in a safe place, all records and documents pertaining to the affairs of the City. The manager shall be authorized to delegate his responsibilities as City Clerk.

"Sec. 4.22. Finance officer. – The City Manager shall appoint a City Finance Director, whose powers and duties shall be as defined in 'The Local Government Budget and Fiscal Control Act' of the General Laws of North Carolina.

"Sec. 4.23. Tax collector. – Notwithstanding any other provisions of G.S. 105-349 to the contrary, the City Manager shall appoint a Tax Collector whose powers and duties shall be as defined in Chapter 105 of the North Carolina General Statutes.

"Sec. 4.24 through 4.30. Reserved.

"Chapter 4. Personnel.

"Sec. 4.31. Personnel system. – The Council shall establish by ordinance a system of personnel administration. The system shall cover all employees of the City except (a) elected officials, (b) persons temporarily employed in a professional or scientific capacity, and (c) temporary and part-time employees. The system of personnel administration shall set forth policies, rules and regulations to administer the personnel affairs of the City.

"Sec. 4.32 through 4.40. Reserved.

"Chapter 5. Boards and Commissions.

"Sec. 4.41. General provisions. – (a)  Except as prescribed by General Law or special act of the General Assembly, the voting members of the Council (not including the Mayor, except in case of equal division) shall have the authority to create commissions, councils or boards which shall perform duties prescribed by the Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions; provided, the voting members of the Council shall be authorized to designate and name certain boards, commissions and committees to be appointed solely by the Mayor.

"Sec. 4.42. Composition; appointment; bylaws. – (a)  Except as otherwise provide by law, the voting members of the Council (not including the Mayor, except in case of equal division) shall have the authority to provide for the manner of appointment, makeup and composition of such commissions, councils or boards, the periods of existence of same, and for the compensation of such members and employees of same, in whole or in part. The Council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members thereof in the performance of their official duties. The Council shall have the authority to annually appropriate and donate money derived from contributions and other nontax revenues for and to such commissions, councils and boards to provide for their operation, either in whole or in part.

(b)       Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment.

(c)       Any member of a board or commission may be removed from office for cause by a majority vote of all of the voting council members.

(d)       Each board and commission may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the Council, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the City Manager and approved by the Council.

"Sec. 4.43 through 4.50. Reserved.

"ARTICLE V.

"GENERAL PROVISIONS.

"Chapter 1. Claims Against the City.

"Sec. 5.1. Presentation of claims to council. – No action shall be instituted or maintained against the City upon any claim or demand whatever of any kind or character until the claimant shall have first presented in writing his or her claim or demand to the Council, and the Council shall have declined to pay or settle the same as presented, or for one hundred twenty (120) days after presentation shall have neglected to enter or cause to be entered upon its minutes its determination in regard thereto. Nothing contained in this Chapter shall be construed to prevent any statute of limitations from commencing to run at the time when a claim accrued or demand arose, or in any manner to interfere with its running.

"Sec. 5.2. Time for presentation of damage claims. – (a)  Notice, form and contents. Except as otherwise provided in this section, no action for damages of any character whatever, to either person or property, shall be instituted against the City, unless within ninety (90) days after the happening or infliction of the injury complained of, the complainant, his executor, administrator, guardian or next friend shall have given notice in writing to the City Manager of the injury, stating in the notice the date and place of the injury, the manner of infliction, the character of the injury and the amount of damage claimed.

(b)       Claims for taking or use of real property. No action shall be instituted against the City on account of damages to or compensation for real property used or taken by the City for any public purpose of any kind unless within two (2) years after such alleged use, the owner, his executor, administrator, guardian or next friend shall have given notice in writing to the Council of the claim, the notice to set forth the date that the alleged use commenced, a description of the property alleged to have been used and the amount of damage or compensation claimed.

"Sec. 5.3 through 5.10. Reserved.

"Chapter 2. Local Improvements.

"Sec. 5.11. Authority. – The City shall have the authority granted to cities by the General Laws of the State with respect to local improvements, including without limitation, grading, regrading, widening, paving and repaving public streets and alleys; constructing, reconstructing, and altering sidewalks, curbs, gutters and drains in the public streets and alleys; and laying or relaying sewer and water lines.

"Sec. 5.12. Alternative procedures for street improvements. – (a)  The Council, acting in accordance with all other procedures set forth in Article 10 of Chapter 160A of the General Statutes of North Carolina, may order the making of any street improvement and specially assess the cost thereof against benefited property without receiving a petition as specified in G. S. 160A-217(a).

(b)       The Council may apportion special assessments as provided in G.S. 160A-236 without the consent of any property owner, in the event of property which has been or is about to be subdivided.

"Sec. 5.13 through 5.20. Reserved.

"Chapter 3. Eminent Domain.

"Sec. 5.21. Condemnation; authority and procedure. – (a)  If at any time the Council should need to purchase any land within or without the City Limits, deemed necessary for a public use of the City, or for other purposes authorized by this Charter or other applicable law, and cannot agree with the owner of such land as to the compensation to be paid therefor, then the Council is hereby specifically authorized and empowered to, in the name of the City, condemn either the fee or an easement in any such land, whether the land be owned by any private person, firm or corporation, or whether it be owned by any railroad company, power company, telephone company, gas company, or other quasi-public corporation, or whether the land be devoted to private or public use, and the proceedings for such condemnation and determination of the compensation to be paid shall be those prescribed by Article 9 of Chapter 136 of the North Carolina General Statutes; provided, however, that the provisions of this section shall not apply with regard to properties owned by public service corporations as defined in G.S. 160A-243(c) unless the exercise of such power of eminent domain is either consented to by the owner of the property to be acquired by the city or, otherwise, first adjudicated after notice and a hearing that such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties and the operation by such public service corporation.

(b)       In addition, the City shall be authorized to exercise the power of eminent domain under the procedures available to cities in Article 11 of Chapter 160A, and Article 2 of Chapter 40 of the General Statutes of North Carolina.

(c)       When any rights of land, right-of-way, easement or any other rights and interests in real property of whatever character shall be required for the purpose of opening new streets, or widening or changing those already opened, or other subjects allowed by this Charter, including water works, sewers, drains, sewage disposal, natural gas systems, electrical power systems, transportation facilities, airports, and any other public utility inside or outside the City, and the compensation therefor cannot be agreed upon by the owner or owners and the City Council, the same may be condemned and taken by the City Council at a valuation to be made by three disinterested freeholders of the City, one of whom shall be chosen by the City Council and one by the owner or owners, and in case these two do not agree, then the two thus chosen shall select a third, and in case the owner or owners, or any of them, fail or refuse to choose a freeholder, as above provided, for five (5) days after being notified so to do, then it shall be the duty of the City Council to appoint a disinterested freeholder to act on the part of said owner or owners. In making the valuation, said freeholders, after giving the owner or owners or their agent notice, or giving a notice by publication in two issues of a weekly newspaper published in the City of Morganton in case the owner cannot be found in the City, and after being duly sworn to act impartially and fairly, shall take into consideration the loss or damage which may accrue to the owner or owners in consequence of the land or right-of-way being surrendered, also such benefit or advantage such owner or owners may receive from the opening, widening, or changing of such streets or other public improvements, or utilities, and ascertaining the sum, if any, which shall be paid to the owner or owners of said property, and report the same, in writing over the signature of any two of them, to the City Council, which report on being confirmed by the Council and spread upon its minutes, shall have the effect of a judgment against the City of Morganton and shall pass the title of the land so taken to the City of Morganton, and the land so taken may at once be used by the City for the purposes intended: Provided, that either party may appeal to the next term of the Superior Court of Burke County: Provided, however, that such appeal shall not hinder or delay the City Council in opening or changing such street or making such improvement, or acquiring, enlarging or extending any public utility inside or outside the City Limits.

"Sec. 5.22 through 5.30. Reserved.

"Chapter 4. Other General Provisions.

"Sec. 5.31. Charter amendments. – (a)  As soon as possible after the adjournment of each General Assembly, the City Attorney shall present to the Council copies of all local laws relating to the property, affairs and government of the City that were enacted by such General Assembly, whether or not amending in terms this Charter. Such recommendations may include suggestions for renumbering or rearranging the provisions of such laws, for providing titles and catch lines, and for such other changes in arrangement and form that do not change the law, as may be thought necessary to implement the purposes of this section.

(b)       After considering the recommendations of the City Attorney, the Council may provide for the incorporation of such laws into this Charter.

(c)       The purpose of this section is to enable the City to maintain at all times a current and accurate city charter, organized in clear and orderly fashion and embracing all pertinent local laws relating to the property, affairs and government of the City.

"Sec. 5.32 through 5.40. Reserved.

"Article VI.

"Transitional Provisions.

"Sec. 6.1. Ordinances and regulations. – Existing ordinances and resolutions of the City and existing rules and regulations of the City and its agencies not inconsistent with the provisions of this Charter shall be effective ordinances and resolutions of the City or of its agencies until they have been repealed, modified, or amended.

"Sec. 6.2. Contracts and obligations; proceeding. – (a)  All contracts, orders, leases, bonds and other obligations or instruments entered into by the City or for its benefit prior to the effective date of this Charter shall continue in effect according to the terms thereof, as obligations and rights of the City.

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

The existing departmental organization of the City shall continue in effect upon the effective date of this Charter until such organization is changed or reorganized as provided by ordinance of the Council and administrative regulation consistent therewith.

"Sec. 6.3. Section captions. – The captions of the several sections of this Charter are informative only and are not to be construed a part thereof.

"Sec. 6.4. Severability. – If any provisions of this Charter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Charter which can be given effect without the invalid provision or application, and to this end the provisions of this Charter are declared to be severable."

Sec. 2. The following acts or portions of acts are hereby repealed:

1.         Private Laws, 1913, Chapter 104.

2.         Private Laws, 1913, Chapter 420.

3.         Private Laws, 1915, Chapter 113.

4.         Private Laws, 1917, Chapter 8.

5.         Private Laws, 1921, Chapter 91.

6.         Private Laws, 1923, Chapter 101.

7.         Private Laws, 1925, Chapter 218.

8.         Private Laws, 1927, Chapter 26.

9.         Private Laws, 1927, Chapter 35.

10.       Private Laws, 1933, Chapter 154.

11.       Private Laws, 1933, Chapter 205.

12.       Session Laws, 1943, Chapter 139.

13.       Session Laws, 1947, Chapter 703.

14.       Session Laws, 1953, Chapter 539.

15.       Session Laws, 1959, Chapter 201.

16.       Session Laws, 1959, Chapter 612.

17.       Session Laws, 1959, Chapter 832.

Sec. 3. All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 4. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 28th day of April, 1975.