NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 259

SENATE BILL 463

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF ALBEMARLE AND TO REPEAL PRIOR LOCAL ACTS.

 

The General Assembly of North Carolina enacts:

 

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

"THE CHARTER OF THE CITY OF ALBEMARLE.

"ARTICLE I. INCORPORATION, CORPORATE POWERS AND BOUNDARIES.

"Section 1.1. Incorporation. The City of Albemarle, North Carolina, in the County of Stanly, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the 'City of Albemarle', hereinafter at times referred to as the 'City'.

"Section 1.2. Powers. The City of Albemarle shall have and may exercise all of the powers, duties, rights, privileges and immunities, which are now, or hereafter may be, conferred, either expressly or by implication, upon the City of Albemarle specifically, or upon municipal corporations generally, by this Charter, by the State Constitution, or by general or local law.

"Section 1.3. Corporate Limits. The corporate limits of the City of Albemarle shall be those existing at the time of ratification of this Charter, as the same are set forth on an official map of the City, and as the same may be altered from time to time in accordance with law. An official map showing the current boundaries of the City, entitled 'Map of the City of Albemarle, North Carolina', and a current metes and bounds description of the corporate limits shall be maintained in the office of the City Clerk, and shall be available for public inspection. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map of the City shall be made.

"ARTICLE II. MAYOR AND CITY COUNCIL.

"Section 2.1. Governing Body. The City Council, elected and constituted as herein set forth, shall be the governing body of the City. On behalf of the City, and in conformity with applicable laws, the City Council may provide for the exercise of all municipal powers, and shall be charged with the general government of the City.

"Section 2.2. Council; Composition; Terms of Office. The City Council shall be composed of five members, each of whom shall be elected by and from the qualified voters of the City for terms of four years, in the manner provided by Article III of this Charter.

"Section 2.3. Mayor; Term of Office; Duties. The Mayor shall be elected by and from the qualified voters of the City in the manner provided by Article III of this Charter to serve for a term of four years, or until his successor is elected and qualified. The Mayor shall be the official head of the City government and shall preside at all meetings of the Council. The Mayor shall exercise such powers and perform such duties as presently are or hereafter may be conferred upon him by the General Statutes of North Carolina, by this Charter, and by the ordinances of the City.

"Section 2.4. Mayor Pro Tempore. In accordance with applicable State law, the City Council shall elect one of its members to act as Mayor pro tempore to perform the duties of the Mayor in the Mayor's absence or disability. In the event of a vacancy in the office of the Mayor, the Mayor pro tempore shall perform the duties of the Mayor until the vacancy is filled. The Mayor pro tempore shall serve in such capacity for a term of four years.

"ARTICLE III. ELECTIONS.

"Section 3.1. Regular Municipal Elections; Conduct and Method of Election. Regular municipal elections shall be held in the City in 1979 and every four years thereafter and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The Mayor and members of the City Council shall be elected according to the partisan primary and elections method as provided in G.S. 163-291.

"Section 3.2. Election of Mayor and Council Members. At the regular municipal election in 1979 and quadrennially thereafter, there shall be elected a Mayor and five City Council members.

"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.

"Section 4.1. Form of Government. The City shall operate under the Council-Manager form of government, in accordance with Part 2 of Article 7 of Chapter 160A of the General Statutes.

"Section 4.2. City Manager. The City Council shall appoint a City Manager who shall be the head of the administrative branch of City government, and who shall be responsible to the Council for the proper administration of the affairs of the City. The Manager shall be appointed on the basis of merit only, and he shall serve at the pleasure of the Council. In exercising his duties as chief administrator, the Manager shall have the following powers and duties:

(a)       He shall appoint and suspend or remove all City employees whose appointment or removal is not otherwise provided for by law, in accordance with such general personnel rules, regulations, policies, or ordinances as the Council may adopt.

(b)       He shall direct and supervise the administration of all departments, offices, and agencies of the City, subject to the general direction and control of the Council, except as otherwise provided by law.

(c)       He shall attend all meetings of the Council, unless otherwise directed by the Council, and recommend any measures that he deems expedient.

(d)       He shall see that all laws of the State, the City Charter and the ordinances, resolutions and regulations of the Council are faithfully executed within the City.

(e)       He shall prepare and submit the annual budget and capital program to the City.

(f)        He shall annually submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of the fiscal year.

(g)       He shall make any other reports that the Council may require concerning the operations of the City departments, offices, and agencies subject to his direction and control.

(h)       He shall perform any other duties that may be required and authorized by the Council.

"Section 4.3. City Attorney. The City Council shall appoint a City Attorney who shall be a resident of Stanly County and licensed to engage in the practice of law in the State of North Carolina. It shall be the duty of the City Attorney to prosecute and defend suits against the City; to advise the Mayor, Council and other City officials with respect to the affairs of the City; to draft all legal documents relating to the affairs of the City; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the City may be concerned; to attend meetings of the Council; and to perform other duties required by law or as the Council may direct. The Council may employ other legal counsel from time to time, in addition to the City Attorney, as may be necessary to handle adequately the legal affairs of the City.

"Section 4.4. City Clerk. The Council shall provide for the appointment of a City Clerk to keep a journal of the proceedings of the Council, 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 Council may direct.

"Section 4.5. Finance Director. The Council shall provide for the appointment of a Finance Director to perform the duties of the finance officer as required by the Local Government Budget and Fiscal Control Act.

"Section 4.6. City Tax Collector. The Council shall provide for the appointment of a City Tax Collector to collect all taxes, licenses, fees and other revenues accruing to the City, subject to the General Statutes, the provisions of this Charter and the ordinances of the City. The Tax Collector shall diligently comply with and enforce all the laws of North Carolina relating to the collection of taxes and other revenues by municipalities.

"Section 4.7. Consolidation of Functions. The City Council may consolidate any two or more positions of City Clerk, Tax Collector and Finance Director or may assign the functions of any one or more of these positions to the holder of any other of these positions, subject to the Local Government Budget and Fiscal Control Act.

"Section 4.8. Other Administrative Officers and Employees. Consistent with applicable State laws, the City Council may establish other positions, provide for the appointment of other administrative officers and employees, and generally organize the City government in order to promote the orderly and efficient administration of the affairs of the City.

"ARTICLE V. PUBLIC IMPROVEMENTS.

"Section 5.1. Power of Eminent Domain. The procedures provided in Article 9 of Chapter 136 of the General Statutes, as specifically authorized by G.S. 136-66.3(c), shall be applicable to the City in the case of acquisition of lands, easements, privileges, rights-of-way and other interests in real property for streets, sewer lines, water lines, electric power lines, and other utility lines in the exercise of the power of eminent domain. The City, when seeking to acquire such property or rights or easements therein or thereto, shall have the right and authority, at its option and election, to use the provisions and procedures as authorized and provided in G.S. 136-66(c) and Article 9 of Chapter 136 of the General Statutes for any of such purposes without being limited to streets constituting a part of the State Highway System; 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 (1) 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 (2) it is 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.

"Section 5.2. Alternative Methods of Assessing the Cost of Extending Water and Sewer Lines. A. In addition and as alternatives to the method provided in G.S. 160A-218 for assessing the costs of water and sewer lines and laterals, the City Council, if in its opinion it would be more equitable to do so, hereby is authorized in its discretion to levy any such assessments according to either of the following methods: (1) equally against each of the lots capable of being served by such line or lines, or (2) on the basis of the footage of land upon a public street by an equal rate per foot of such frontage.

In lieu of assessing the total cost of a particular project as herein provided, the governing body annually between the first days of January and July of each year, may determine the average cost of installing water and sewer mains or lines and on the basis of such determination may make assessments of such average cost during the following fiscal year beginning July 1. The average cost of such installation shall include the cost of the particular size and material of lines completed during the preceding calendar year. It also may include the anticipated increase in labor and materials costs based upon the average of such increases during the preceding five calendar years. The assessment of the average cost of such line shall not be made until after the particular assessment project has been completed. The purpose of this act is to distribute more equitably the cost of the installation of water and sewer lines throughout the City; to permit a property owner to know in advance what the cost of installation of water and sewer lines benefiting his property will be; and to permit the most expeditious assessment of cost against property after completion of the installation of such lines. The actual cost of acquisition of rights of way also may be assessed as a part of the cost of an individual project. If the right-of-way costs have not been determined and assessed with the assessment of the average installation costs at the time of the completion of the project, such costs may be assessed separately when they are determined.

If a lot or parcel of land used for a single-family residential purpose is assessed under this section and the lot or parcel of land is subdivided into additional lots for single-family occupancy, the City Council may assess the additional lots or parcels of land into which the original parcel of land is from time to time divided on the basis of the average cost as determined under the provisions of this section at the time the owner of the additional lot requests the utility service. Such assessment shall be made only after the owner of the newly created lot or lots has requested water or sewer service and an assessment against his property or has paid the amount of the assessment in cash. In the absence of such request or payment, the service shall be withheld from the property.

If a lot or parcel of land is used for any purpose other than for single-family occupancy, the City Council may assess the lot or parcel of land used for such other purpose in an amount equal to the multiple of the assessment for a single-family lot by the nearest number of times that the area so used is divisible by 20,000 feet but in no case shall the assessment be less than the assessment which would be made against a single-family dwelling lot.

B. The City Council shall have the authority to exempt from assessment for water and sewer extensions for corner lots 150 feet of the frontage of any side of a corner lot when water and sewer extensions are installed along both sides of such lot.

C. The City Council shall have authority to waive the assessment for water and sewer extensions against lands owned by Stanly County, the Stanly County Board of Education, and the Albemarle City School Administrative Unit.

"Section 5.3. Authority to Waive Street Assessments. The City Council is authorized and empowered to waive the collection of street assessments owed to the City by Stanly County, the Stanly County Board of Education, and the Albemarle City School Administrative Unit.

"ARTICLE VI. SPECIAL PROVISIONS.

"Section 6.1. Authority to Hold ABC Election. A. The City Council may, upon petition filed by fifteen percent (15%) of the voters who voted in the last municipal election of the said city for mayor, call an election for the purpose of submitting the question as to whether city alcoholic beverage control stores may be operated in the said city. If the City Council calls an election, said election shall be called within ninety days after such petition is filed on a date to be fixed by the City Council as herein prescribed, and at least thirty days' public notice shall be given prior to the date of the election, notwithstanding the nearness of date within which any other type election may be held. At such election, if a majority of the votes cast at said election shall be against the operation of such stores, no such stores shall be set up and operated in the city under the provisions of this Section. If a majority of the votes cast shall be for the operation of such stores, it shall be legal for alcoholic beverage control stores to be set up and operated in said city.

B. A new registration of voters for such election shall not be necessary. In said election a ballot shall be used upon which shall be printed on separate lines for each proposition 'For alcoholic beverage control stores', and 'Against alcoholic beverage control stores'. Those favoring setting up and operating alcoholic beverage control stores in the City of Albemarle shall mark in the voting square to the left of the words 'For alcoholic beverage control stores' printed on the ballot, and those opposed to municipal alcoholic beverage control stores shall mark in the voting square to the left of the words 'Against alcoholic beverage control stores'. Excepting as otherwise herein provided, if a special election is called, the election authorized shall be conducted under the same statutory laws and regulations applicable to regular municipal election for the City Council in the City of Albemarle, and the costs thereof shall be paid from the general fund of the City of Albemarle.

C. If the operation of municipal alcoholic beverage control stores is authorized under the provisions of this act, the City Council shall create immediately a municipal board of alcohol control to be composed of three members who shall be well known for their character, ability, and business acumen. The City Council shall appoint a chairman and two other members.

Said board shall be known and designated as the 'City of Albemarle Board of Alcohol Control'. The member designated as chairman shall serve for his first term a period of three years. As to other members, one member shall serve for his first term a period of two years, and the other member shall serve for his first term a period of one year, and all terms shall begin with the date of their appointment. Thereafter, as the terms of the chairman and the members expire, their successors in the office shall serve for terms of three years each and until their successors are appointed and qualified. Any vacancy on said board will be filled by the City Council. Compensation of the members of the said City of Albemarle Board of Alcohol Control shall be fixed by the City Council.

D. The City of Albemarle Board of Alcohol Control shall have all the powers and duties imposed by Section 18A-17 of the General Statutes on county boards of alcohol control and shall be subject to the powers and authority of the State Board of Alcohol Control the same as county boards of alcohol control, as provided in Section 18A-15 of the General Statutes. The City of Albemarle Board of Alcohol Control and the operation of any city alcoholic beverage control stores authorized under the provisions of this Section shall be subject to and in pursuance with the provisions of Chapter 18A of the General Statutes of North Carolina except to the extent which the same may be in conflict with the provisions of this Section. Wherever the 'county' board of alcohol appears in this Chapter, it shall include the City of Albemarle Board of Alcohol Control. The City of Albemarle Board of Alcohol Control shall have authority to employ legal counsel and such other employees as it may deem wise and fix their compensation.

E. Out of net revenue, five percent (5%) and no more than ten percent (10%) may be expended for law enforcement purposes. Any officers employed by the City of Albemarle Board of Alcohol Control shall have jurisdiction throughout Stanly County. Out of net revenue, up to five percent (5%) may be expended for alcoholic education as to the effects of the use of alcoholic beverages. Out of the net revenue remaining after the payment of all costs and operating expenses, and after retaining a sufficient working capital, the City of Albemarle Board of Alcohol Control shall on a quarterly basis pay over seventy percent (70%) of said net revenue to the general fund of Stanly County.

F. No election as hereinbefore called for under this Section may be held more often than once every three years.

"Section 6.2. Industrial Development. The City Council is authorized and empowered, annually, in its discretion, to set apart and appropriate from funds of the City not raised by taxation, an amount determined by the Council for the purpose of aiding and encouraging the location of manufacturing, industrial and commercial development, for advertising the advantages and resources of the City, and for such other purposes as will in the opinion of the Council, increase the taxable wealth within the City and promote the general welfare of the City and its people."

Sec. 2. The purpose of this act is to revise the Charter of the City of Albemarle 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. 3. This act shall not be deemed to repeal, modify, or in any manner 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 act concerning the property, affairs, or government of public schools in the City of Albemarle.

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

Sec. 4. The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act are hereby repealed:

Chapter 14, Public Laws of 1840-41, 1842-43

Chapter 119, Private Laws of 1856-57

Chapter 113, Private Laws of 1874-75

Chapter 145, Private Laws of 1891

Chapter 344, Private Laws of 1901

Chapter 71, Private Laws of 1907

Chapter 516, Public-Local Laws of 1911

Chapter 234, Private Laws of 1911

Chapter 337, Private Laws of 1911

Chapter 384, Private Laws of 1911

Chapter 33, Public-Local Laws of 1913

Chapter 13, Private Laws of 1913

Chapter 232, Public-Local Laws of 1913

Chapter 362, Private Laws of 1913

Chapter 379, Private Laws of 1913

Chapter 100, Private Laws of 1915

Chapter 54, Private Laws of 1919

Chapter 27, Private Laws, Extra Session, 1924

Chapter 17, Public-Local Laws, Extra Session, 1924

Chapter 242, Public-Local Laws of 1925

Chapter 111, Private Laws of 1929

Chapter 20, Private Laws of 1935

Chapter 338, Private Laws of 1935

Chapter 294, Public-Local Laws of 1941

Chapter 664, Session Laws of 1947

Chapter 901, Session Laws of 1947

Chapter 287, Session Laws of 1949

Chapter 288, Session Laws of 1949

Chapter 838, Session Laws of 1949

Chapter 146, Session Laws of 1951

Chapter 716, Session Laws of 1951

Chapter 186, Session Laws of 1955

Chapter 956, Session Laws of 1955

Chapter 209, Session Laws of 1957

Chapter 3, Session Laws of 1959

Chapter 872, Session Laws of 1961

Chapter 986, Session Laws of 1961

Chapter 2, Session Laws of 1963

Chapter 848, Session Laws of 1963

Chapter 721, Session Laws of 1965

Chapter 175, Session Laws of 1967

Chapter 338, Session Laws of 1967

Chapter 592, Session Laws of 1969

Chapter 666, Session Laws of 1969

Chapter 122, Session Laws of 1971

Chapter 451, Session Laws of 1977

Sec. 5. No provision of this act is intended, nor shall be construed, to affect in any way any rights or interest (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 pursuant to or within the scope of any provisions of law repealed by this act.

Sec. 6. 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 affect enumerated or designated laws.

Sec. 7. (a)  All existing ordinances and resolutions of the City of Albemarle and all existing rules or regulations of departments or agencies of the City of Albemarle, 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 Albemarle or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Sec. 8. If any of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.

Sec. 9. Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statute, or to the General Statute which most clearly corresponds to the statutory provision which is repealed or superseded.

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

Sec. 11.  This act is effective upon its ratification.

In the General Assembly read three times and ratified, this the 2nd day of April, 1979.