NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 80

HOUSE BILL 305

 

AN ACT TO AMEND THE CHARTER OF THE TOWN OF RAMSEUR IN RANDOLPH COUNTY, NORTH CAROLINA, TO CLARIFY ITS POWERS AND TO AUTHORIZE THE TOWN TO USE THE PROCEDURES OF ARTICLE 9 OF CHAPTER 136 OF THE GENERAL STATUTES RELATING TO CONDEMNATION BY THE BOARD OF TRANSPORTATION.

 

The General Assembly of North Carolina enacts:

 

Section 1. Section 4 of the Charter of the Town of Ramseur, as set forth in Chapter 308, Private Laws of North Carolina of 1895, is amended by rewriting Section 4 as follows:

"Sec. 4. Corporate powers. – The Town of Ramseur shall continue to be vested with all property and rights which now belong to the Town; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract, may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature.

"Sec. 4.1. Exercise of powers. – All powers, functions, rights, privileges, and immunities of the Town, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, as provided by ordinance or resolution of the Board of Commissioners of the Town or as provided by the general laws of North Carolina pertaining to municipal corporations.

"Sec. 4.2. 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 those appropriate to the exercise of such powers, the Town of Ramseur 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. 4.3. Alternative condemnation procedures. – In exercising the power of eminent domain for any public purpose, if negotiations for the purchase of land or rights in land are unsuccessful the Town may in its discretion use the procedures of Article 2 of Chapter 40 of the General Statutes or Article 9 of Chapter 136 of the General Statutes, or the procedures of any other general law, charter or local act applicable to the Town. As contained in Article 9 of Chapter 136 of the General Statutes, all references to 'Board of Transportation' shall be deemed to mean 'Town of Ramseur', all reference to the 'Chairman of the Board of Transportation' or Director of Highways' shall be deemed to mean Mayor of the Town of Ramseur, all references to 'Raleigh' shall be deemed to mean Ramseur, and all other references, directly or by implication, to the condemning authority or persons or agencies connected therewith shall be deemed to mean the Town of Ramseur.

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 Town, 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."

Sec. 2. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 27th day of March, 1975.