GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-84
HOUSE BILL 520
AN ACT amending the charter of the town of oak island.
The General Assembly of North Carolina enacts:
SECTION 1. Section 4.1 of the Charter of the Town of Oak Island, being S.L. 1999-66, reads as rewritten:
"Sec. 4.1. Interim Mayor and Council and Succession of Interim Council Members and Mayors. (a) Upon enactment of this act and on the effective date of consolidation, an interim Town Council shall serve until elections are held in accordance with provisions of this Charter. The following individuals are hereby named to serve as the Interim Council: Linda W. Franklin, Roy R. Johnson, Richard D. Marshall, William S. Smith, Martin John Wozniak, Kevin M. Bell (or the person appointed to succeed him on the Long Beach Town Council), Horace Collier, James H. Locke, H. Michael Oxford, Mary B. Snead, J.K. Somers; Joan P. Altman, Co-Mayor, and Dorothy Kelly, Co-Mayor. The succession of Mayor and Council Member positions shall occur in a rotation prescribed as follows:
Elected Officials July 1999 - November 1999
Town Area Seat Name Term Expires
Long Beach Co-Mayor Altman(or successor) 2001
Yaupon Beach Co-Mayor Kelly(or successor) 2001
Yaupon Beach Council Member Smith(or successor) 2001
Yaupon Beach Council Member Wozniak(or successor) 2001
Long Beach Council Member Bell(or successor) 2001
Long Beach Council Member Somers(or successor) 2001
Long Beach Council Member Locke(or successor) 2001
Yaupon Beach Council Member Franklin(or successor) 1999
Yaupon Beach Council Member Marshall(or successor) 1999
Yaupon Beach Council Member Johnson(or successor) 1999
Long Beach Council Member Oxford(or successor) 1999
Long Beach Council Member Collier(or successor) 1999
Long Beach Council Member Snead(or successor) 1999
(b) November 1999
Election: Two Council Member seats will be elected, one from Yaupon Beach
and one from Long Beach. This preserves equal representation. From November 1999
2005 on, there will be eight six Council Members.
Mayor Altman will serve until November 2001.
Elected Officials November 1999 - November 2001
Town Area Seat Name Term Expires
At Large Mayor Altman 2001
Yaupon Beach Mayor Pro Tempore Kelly 2001
Yaupon Beach Council Member Smith 2001
Yaupon Beach Council Member Wozniak 2001
Yaupon Beach Council Member Elected 1999 2003
Long Beach Council Member Bell(or successor) 2001
Long Beach Council Member Somers 2001
Long Beach Council Member Locke 2001
Long Beach Council Member Elected 1999 2003
(c) November 2001 Election: Two Council Members from Long Beach will be elected to four-year terms. Two Council Members from Yaupon Beach will be elected to four-year terms. One Council Member from Long Beach will be elected to a two-year term. One Council Member from Yaupon Beach will be elected to a two-year term. The Mayor will be elected at large for a two-year term. The Mayor Pro Tempore will be elected by Council Members at December 2001 Town Council meeting.
Elected Officials November 2001 - November 2003
Town Area Seat Name Term Expires
At Large Mayor Elected 2001 2003
Yaupon Beach Council Member Elected 1999 2003
Yaupon Beach Council Member Elected 2001 2003
Yaupon Beach Council Member Elected 2001 2005
Yaupon Beach Council Member Elected 2001 2005
Long Beach Council Member Elected 1999 2003
Long Beach Council Member Elected 2001 2003
Long Beach Council Member Elected 2001 2005
Long Beach Council Member Elected 2001 2005
(d) November 2003
Election: Four Three Council Members elected at large to
four-year terms. Mayor elected at large to two-year term.
Elected Officials November 2003 - November 2005
Town Area Seat Name Term Expires
At Large Mayor Elected 2003 2005
Yaupon Beach Council Member Elected 2001 2005
Yaupon Beach Council Member Elected 2001 2005
Long Beach Council Member Elected 2001 2005
Long Beach Council Member Elected 2001 2005
At Large
Council Member
Elected 2003
2007
At Large Council Member Elected 2003 2007
At Large Council Member Elected 2003 2007
At Large Council Member Elected 2003 2007
(e) November 2005
Election: Four Three Council Members elected at large to
four-year terms. Mayor elected at large to two-year term. Beginning in November
2005, all seats will be elected at large."
SECTION 2. Section 4.2 of the Charter of the Town of Oak Island, being S.L. 1999-66, reads as rewritten:
"Sec. 4.2. Composition of Town Council. The Town
Council shall consist of eight six members to be elected by the
qualified voters of the Town at large in the manner provided by Article
IV."
SECTION 3. Section 4.3(b) of the Charter of the Town of Oak Island, being S.L. 1999-66, reads as rewritten:
"(b) No person shall be eligible to be a candidate or be elected as Mayor or a member of the Town Council, or to serve in such capacity, unless he is a resident and a qualified voter of the Town."
SECTION 4. Section 4.4 of the Charter of the Town of Oak Island, being S.L. 1999-66, reads as rewritten:
"Sec. 4.4. Mayor and Mayor Pro Tempore. Beginning with the regular municipal election following succession of the Interim Council as provided by this act, and every two years thereafter, there shall be elected a Mayor by the qualified voters of the Town voting at large. The Mayor shall serve for a term of two years. A permanent vacancy in the office of Mayor shall be filled for the unexpired term by a person appointed by the Town Council. The Mayor shall take the oath of office before entry upon the duties of his office. Candidates for Mayor shall file a notice of candidacy as is required by candidates for Town Council.
The Mayor shall be the official head of the Town government,
shall preside at all meetings of the Town Council, but shall have the right to
vote when there are equal numbers of votes in the affirmative and in the
negative. The Mayor shall exercise such powers and perform such duties as are
or may be conferred upon him by the general laws of North Carolina, by this
Charter, and by the ordinances of the Town. The Town Council shall choose one
of its number to act as Mayor Pro Tempore, and he shall perform the duties of
the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as
such shall have no fixed term of office, but shall serve in such capacity at
the pleasure of the remaining members of the Town Council.shall serve
for a term of one year."
SECTION 5. Section 4.6(b) of the Charter of the Town of Oak Island, being S.L. 1999-66, reads as rewritten:
"(b) All meetings of the
Town Council shall be open to the public.public, and shall be
governed by the open meeting laws as provided by general law and as amended
from time to time. The Town Council shall not by closed session or
otherwise formally consider or vote upon any question in private session."
SECTION 6. Section 5.1 of the Charter of the Town of Oak Island, being S.L. 1999-66, reads as rewritten:
"Sec. 5.1. Regular Municipal Elections. At the
regular municipal election to be held following the succession of the Interim
Council, and every two years thereafter, four three members of
the Town Council shall be elected to serve for four-year terms."
SECTION 7. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 27th day of May, 2003.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives