NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 392
SENATE BILL 462

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

The General Assembly of North Carolina enacts:

Section 1.  The Charter of the Town of Gibsonville is hereby revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF GIBSONVILLE.
"ARTICLE I.
"Incorporation, Corporate Powers and Boundaries.
"Section 1.1. Incorporation. The Town of Gibsonville, North Carolina located in the counties of Guilford and Alamance, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the 'Town of Gibsonville' (hereinafter at times referred to as the 'Town').
"Section 1.2. Powers. The Town of Gibsonville 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 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 Town 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. Upon alteration of the corporate limits made pursuant to law, the corresponding changes to the official map of the Town shall be made.
"ARTICLE II.
"Mayor and Board of Aldermen.
"Section 2.1. Governing Body. The Mayor and Board of Aldermen, 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.
"Section 2.2. Selection of the Mayor; Term of Office; Duties. The Mayor shall be elected by the qualified voters of the Town for a term of four years, in the manner provided by Article III of this Charter. The Mayor shall be the official head of the Town government, and shall preside at all meetings of the Board of Aldermen. The Mayor shall have the right to vote on matters before the Board only where there is an equal number of votes in the affirmative and in the negative.
"Section 2.3. Mayor Pro Tempore. In accordance with applicable State laws, the Board of Aldermen 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. 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 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.
"Section 2.4. Board of Aldermen; Composition; Terms of Office. The Board of Aldermen shall be composed of five members, each of whom shall be elected for a term of four years in the manner provided by Article III of this Charter.
"ARTICLE III.
"Elections.
"Section 3.1. Regular Municipal Elections; Conduct. (a)  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.
(b)	At the regular municipal election to be held in 1979, and every four years thereafter, the Mayor and three members of the Board of Aldermen shall be elected by the qualified voters of the Town. At the regular municipal election to be held in 1981, and every four years thereafter, two members of the Board of Aldermen shall be elected by the qualified voters of the Town.
"Section 3.2. Method of Election; Officers Elected At-Large. The Mayor and members of the Board of Aldermen shall be elected according to the nonpartisan plurality method of election, as provided in G.S. 163-292. The Mayor and members of the Board shall be elected at-large by the qualified voters of the Town.
"ARTICLE IV.
"Organization and Administration.
"Section 4.1. Form of Government. The Town shall operate under the council-manager form of government, in accordance with Part 2 of Article 7, Chapter 160A of the General Statutes.
"Section 4.2. Town Manager. The Board of Aldermen shall appoint a Town Manager who shall be the administrative head of Town government, and who shall be responsible to the Board for the proper administration of the affairs of the Town. The Town Manager shall hold office at the pleasure of the Board, and shall receive such compensation as the Board shall determine. In exercising the duties of chief administrator, the Manager shall have the power and responsibility to:
(1)	Appoint and suspend or remove all Town officers and employees not elected by the people, and whose appointment or removal is not otherwise provided for by law, except the Town Attorney, in accordance with such general personnel rules, regulations, policies or ordinances as the Board may adopt.
(2)	Direct and supervise the administration of all departments, offices, and agencies of the Town, subject to the general direction and control of the Board, except as otherwise provided by law.
(3)	Attend all meetings of the Board, unless excused therefrom, and shall recommend any measures deemed expedient.
(4)	See that all laws of the State, the Town Charter, and the ordinances, resolutions and regulations of the Board are faithfully executed within the Town.
(5)	Prepare and submit the annual budget and capital program to the Board.
(6)	Keep the Board fully advised as to the financial condition of the Town and annually submit to the Board, and make available to the public, a complete report on the finances and administrative activities of the Town as of the end of the fiscal year.
(7)	Make any other reports that the Board may require concerning the operation of the Town departments, offices and agencies subject to his direction and control.
(8)	Perform any other duties that may be required or authorized by the Board.
"Section 4.3. Town Attorney. The Board of Aldermen 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 brought by and against the Town; to advise the Mayor, Board of Aldermen and other Town officials with respect to the affairs of the Town; to draft legal documents relating to the affairs of the Town; to inspect and pass upon agreements, contracts, franchises and other instruments with which the Town may be concerned; and to perform other duties required by law or as the Board may direct. The Board of Aldermen may employ other legal counsel from time to time, in addition to the Town Attorney, as may be necessary to handle adequately the legal affairs of the Town.
"Section 4.4. Town Clerk. The Board of Aldermen 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 may direct.
"Section 4.5. Town Tax Collector. The Board of Aldermen 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.
"Section 4.6. Other Administrative Officers and Employees. Consistent with applicable State laws, the Board of Aldermen 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.
"ARTICLE V.
"Special Provisions.
"Section 5.1. Liens for Utility Charges. In case any charge for utility service or for the use of utility facilities, including but not limited to water supply and distribution, is not paid within 10 days after it becomes due, the same shall become a lien upon the property served or in connection with which the service or facility is used, provided that the owner of the property is in actual possession thereof at the time the service for which the charge hereunder is made was rendered. The lien may be foreclosed in the manner that special assessment liens may be foreclosed pursuant to G.S. 105-374(g) or G.S. 105-375(e).
"Section 5.2. Personal Interest. Neither the Mayor nor any member of the Board of Aldermen, nor any officer or employee of the Town shall have a financial interest, direct or indirect, in any contract with the Town, or be financially interested, directly or indirectly, in the sale to the Town of any land, materials, supplies or services, except on behalf of the Town as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the Town found guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge expressed or implied of the person or corporation contracting with the Town, shall render the contract voidable by the Board of Aldermen."
Sec. 2. The purpose of this act is to revise the Charter of the Town of Gibsonville 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 Gibsonville.
(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:
Private Laws of 1870-71, Ch. 20
Private Laws 1893, Ch. 235
Private Laws of 1905, Ch. 163
Private Laws 1921, Regular Session, Ch. 128
Private Laws 1929, Ch. 216
Public Laws 1935, Ch. 395
Private Laws 1935, Ch. 180
Private Laws 1935, Ch. 191
Public-Local Laws 1939, Ch. 388
Session Laws 1949, Ch. 620
Session Laws 1949, Ch. 705
Session Laws 1953, Ch. 868
Session Laws 1955, Ch. 783
Session Laws 1957, Ch. 675
Session Laws 1959, Ch. 381
Session Laws 1959, Ch. 382
Session Laws 1961, Ch. 488
Session Laws 1961, Ch. 900
Session Laws 1965, Ch. 66
Session Laws 1967, Ch. 297
Session Laws 1969, Ch. 391
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 provisions 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 Gibsonville and all existing rules or regulations of departments or agencies of the Town of Gibsonville, 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 Gibsonville 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 is effective upon ratification.
In the General Assembly read three times and ratified, this the 18th day of April, 1979.