NORTH CAROLINA GENERAL ASSEMBLY
1977 SESSION

CHAPTER 58
HOUSE BILL 185

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF SNOW HILL AND TO REPEAL PRIOR LOCAL ACTS.

The General Assembly of North Carolina enacts:

Section 1.  The Charter of the Town of Snow Hill is hereby revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF SNOW HILL.
"Article 1. Incorporation, Corporate Powers and Boundaries.
"Sec. 1.1. Incorporation.–The Town of Snow Hill, North Carolina in the County of Greene, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the "Town of Snow Hill", hereinafter at times referred to as the "Town".
"Sec. 1.2. Powers.–The Town of Snow Hill 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 Town of Snow Hill specifically, or upon municipal corporations generally, by this Charter, by the State Constitution, or by general or local law.
"Sec. 1.3. Corporate limits.–The corporate limits of the Town of Snow Hill shall be those existing at the time of ratification of this Charter, as the same are set forth on the official map of the Town, and as the same may be altered from time to time in accordance with law. An official map of the Town, showing the current Town boundaries, shall be maintained permanently in the office of the Town 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 Town shall be made.
"Sec. 1.4. through 1.10. (Reserved.)
"ARTICLE 2. Mayor and Board of Commissioners.
"Sec. 2.1. Governing body.–The Mayor and Board of Commissioners, elected and constituted as herein set forth, shall be the governing body of the Town. On behalf of the Town, and in conformity with applicable laws, the Mayor and Board may provide for the exercise of all municipal powers, and shall be charged with the general government of the Town.
"Sec. 2.2. Board of commissioners; composition; terms of office.–The Board of Commissioners shall be composed of five members, each of whom shall be elected for terms of four years in the manner provided by Article 3 of this Charter, provided they shall serve until their successors are elected and qualified.
"Sec. 2.3. Election of the mayor; term of office; duties.–The Mayor shall be elected directly by the voters of the Town in the manner provided by Article 3 of this Charter for a term of four years; provided, the Mayor shall serve until his successor is elected and qualified. The Mayor shall be the official head of the Town government and shall preside at all meetings of the Board of Commissioners. He shall have the right to vote only if there are an equal number of votes in the affirmative and the negative on any matter before the Board. 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 Town.
"Sec. 2.4. Mayor pro tempore.–In accordance with applicable State laws, the Board of Commissioners shall appoint one of its members to act as Mayor pro tempore to 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 Board.
"Sec. 2.5. Meetings of the board.–In accordance with the General Statutes, the Board of Commissioners shall establish a suitable time and place for its regular meetings. Special meetings may be held according to the applicable provisions of the General Statutes.
"Sec. 2.6. Ordinances and resolutions.–The adoption, amendment, repeal, pleading, or proving of Town ordinances and resolutions shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The ayes and noes shall be taken upon all ordinances and resolutions and entered upon the minutes of the Board. The enacting clause of all Town ordinances shall be: "Be it ordained by the Board of Commissioners of the Town of Snow Hill."
"Sec. 2.7. Voting requirements; quorum.–Official action of the Board of Commissioners shall in every instance be by majority vote, provided that a quorum, consisting of a majority of the actual membership of the Board, is present. Vacant seats are to be subtracted from the normal Board membership to determine the actual membership.
"Sec. 2.8. Qualifications for office; vacancies; compensation.–The compensation of Board members, the filling of vacancies on the Board, and the qualifications of Board members shall be in accordance with applicable provisions of the General Statutes.
"Sec. 2.8 through 2.15. (Reserved.)
"ARTICLE 3. Elections.
"Sec. 3.1. Regular municipal elections; conduct and method of election.–Regular municipal elections shall be held in the Town every two years in odd-numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. Members of the Board of Commissioners shall be elected according to the nonpartisan plurality method of elections. Municipal elections shall be conducted by the County Board of Elections.
"Sec. 3.2. Election of the board of commissioners.–At the regular municipal elections in 1977 and quadrennially thereafter, there shall be elected a Mayor and three commissioners to fill the seats of those officers whose terms are then expiring. At the regular municipal elections in 1979 and quadrennially thereafter, there shall be elected two commissioners to fill the seats of those commissioners whose terms are then expiring.
"Sec. 3.3 through 3.10. (Reserved.)
"ARTICLE 4. Organization and Administration.
"Sec. 4.1. Form of government.–The Town shall operate under the Mayor-Council form of government, in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes.
"Sec. 4.2. Town attorney.–The Board of Commissioners shall appoint a Town Attorney who shall be licensed to engage in the practice of law in the State of North Carolina. It shall be the duty of the Town Attorney to prosecute and defend suits against the Town; to advise the Mayor, Board of Commissioners and other Town officials with respect to the affairs of the Town; to draft all legal documents relating to the affairs of the Town; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; to attend meetings of the Board of Commissioners; and to perform other duties required by law or as the Board of Commissioners may direct.
"Sec. 4.3. Town clerk.–The Board of Commissioners shall appoint a Town Clerk to keep a journal of the proceedings of the Board, to maintain in a safe place all records and documents pertaining to the affairs of the Town, and to perform such other duties as may be required by law or as the Board of Commissioners may direct.
"Sec. 4.4. Town finance officer.–The Board of Commissioners shall appoint a Town Finance Officer to perform the duties of the finance officer as required by the Local Government Budget and Fiscal Control Act.
"Sec. 4.5. Town budget officer.–The Board of Commissioners shall appoint a Town Budget Officer to perform the duties of the budget officer as required by the Local Government Budget and Fiscal Control Act.
"Sec. 4.6. Town tax collector.–The Board of Commissioners shall appoint a Town Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the Town, subject to the General Statutes, the provisions of this Charter and the ordinances of the Town. The Town Tax Collector shall diligently comply with and enforce all the laws of North Carolina relating to the collection of taxes by municipalities.
"Sec. 4.7. Consolidation of functions.–The Board of Commissioners may consolidate any two or more positions of Town Clerk, Town Tax Collector, Town Budget Officer and Town Finance Officer, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions, subject to the Local Government Budget and Fiscal Control Act.
"Sec. 4.8. Other administrative officers and employees.–Consistent with applicable State laws, the Board of Commissioners may establish other positions, provide for the appointment of other administrative officers and employees, and generally organize the Town government in order to promote the orderly and efficient administration of the affairs of the Town.
"Sec. 4.9 through 4.15. (Reserved.)
"ARTICLE 5. Special Provisions.
"Sec. 5.1. Street improvements; assessment of costs.–In addition to any authority which is now or may hereafter be granted by general law to the Town for making street improvements, the Board of Commissioners is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of Sections 5.1 through 5.6 herein.
"Sec. 5.2. When petition unnecessary.–The Board of Commissioners may order street improvements and assess the cost thereof against the abutting property owners, exclusive of the costs incurred at street intersections, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the North Carolina General Statutes, without the necessity of a petition, upon the finding by the Board as a fact:
(a)	That the street improvement project does not exceed 1,200 linear feet, and
(b)	That such street or part thereof is unsafe for vehicular traffic, and it is in the public interest to make such improvement, or
(c)	That it is in the public interest to connect two streets, or portions of a street already improved, or
(d)	That it is in the public interest to widen a street, or part thereof, which is already improved, provided, that assessments for widening any street or portion of street without a petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the Town's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.
"Sec. 5.3. Street improvement defined.–For the purposes of this Article, the term "street improvement" shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters and street drainage facilities.
"Sec. 5.4. Sidewalks; assessment of costs.–In addition to any authority which is now or may hereafter be granted by general law to the Town for making sidewalk improvements, the Board of Commissioners is hereby authorized without the necessity of a petition, to make or to order to be made sidewalk improvements or repairs according to standards and specifications of the Town, and to assess the total cost thereof against abutting property owners, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the North Carolina General Statutes; provided, however, that regardless of the assessment basis or bases employed, the Board of Commissioners may order the cost of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street.
"Sec. 5.5. Assessment procedure.–In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this Article, the Board of Commissioners shall comply with the procedure provided by Article 10, Chapter 160A of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.
"Sec. 5.6. Effect of assessments.–The effect of the act of levying assessments under the authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 10 of Chapter 160A of the General Statutes.
"Sec. 5.7. Bird sanctuary established.–The territory within the corporate limits of the Town of Snow Hill is hereby declared to be a bird sanctuary.
It shall be unlawful for any person to kill, trap or otherwise take any birds within the corporate limits of the Town, except English sparrows, great horned owls, Cooper's hawks, sharp-shinned hawks, crows and starlings. Any person violating the provisions of this section shall be guilty of a misdemeanor and subject to the penalties imposed under G.S. 14-4.
"Sec. 5.8. Ad valorem tax rate limit.–Notwithstanding the provisions of G.S. 160A-209(d), the Town of Snow Hill may levy ad valorem taxes for one or more of the purposes enumerated in G.S. 160A-209(c) up to a combined rate of two dollars ($2.00) on the one hundred dollar ($100.00) appraised value of property subject to taxation.
"Sec. 5.9 through 5.15. (Reserved.)"
Sec. 2. The purpose of this act is to revise the Charter of the Town of Snow Hill and to consolidate herein certain acts concerning the property, affairs, and government of the Town. 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 acts concerning the property, affairs, or government of public schools in the Town of Snow Hill;
(b)	any acts 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 69,	Private Laws of 1811
Chapter 100,	Private Laws of 1818
Chapter 150,	Private Laws of 1828-1829
Chapter 280,	Private Laws of 1855
Chapter 90,	Private Laws of 1870
Chapter 68,	Private Laws of 1895
Chapter 90,	Private Laws of 1901
Chapter 882,	Public Laws of 1907
Chapter 356,	Private Laws of 1907
Chapter 50,	Private Laws, Extra Session, 1908
Chapter 14,	Private Laws of 1909
Chapter 377,	Private Laws of 1909
Chapter 368,	Private Laws of 1909
Chapter 231,	Private Laws of 1911
Chapter 278,	Private Laws of 1913
Chapter 226,	Private Laws of 1913
Chapter 191,	Private Laws of 1917
Chapter 160,	Private Laws of 1919
Chapter 161,	Private Laws of 1919
Chapter 123,	Private Laws of 1919
Chapter 159,	Private Laws of 1923
Chapter 551,	Public-Local Laws of 1935
Chapter 240,	Public-Local Laws of 1941
Chapter 369,	Session Laws of 1945
Chapter 39,	Session Laws of 1947
Chapter 49,	Session Laws of 1947
Chapter 755,	Session Laws of 1957, insofar as this act
	applies to the Town of Snow Hill
Chapter 207,	Session Laws of 1957
Chapter 888,	Session Laws of 1957
Chapter 508,	Session Laws of 1963
Chapter 390,	Session Laws of 1963
Chapter 347,	Session Laws of 1963
Chapter 508,	Session Laws of 1965
Chapter 748,	Session Laws of 1967
Sec. 5. No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (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 Town of Snow Hill and all existing rules or regulations of departments or agencies of the Town of Snow Hill, 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 Town of Snow Hill 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 circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision 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 shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 7th day of March, 1977