NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 905

SENATE BILL 456

 

 

AN ACT PROVIDING FOR A REFERENDUM ELECTION IN THE CITY OF KINGS MOUNTAIN UPON THE QUESTION OF ADOPTING A CITY MANAGER FORM OF GOVERNMENT, SAID ELECTION TO BE HELD AT THE DISCRETION OF THE MAYOR AND BOARD OF COMMISSIONERS.

 

The General Assembly of North Carolina do enact:

 

Section 1. That at the discretion of the Mayor and the Board of Commissioners for the City of Kings Mountain and upon a resolution duly adopted by said board, an election shall be held in the City of Kings Mountain, Cleveland County, after the notice required by G. S. 160-298 has been given, and there shall be submitted for determination by the qualified voters of the City of Kings Mountain the question of the adoption (in lieu of the present form of government) of a form of government for the City of Kings Mountain defined as "Plan D", as provided by part four of Article 22 of Chapter 160 of the General Statutes of North Carolina, as modified by this Act, which plan provides for a mayor, a city council and a city manager.

The question shall appear on the ballot as follows:

________      For City Manager form of government under modified "Plan D"

________      Against City Manager form of government under modified "Plan D"

Sec. 2. That the said election shall be advertised and conducted and the results thereof determined and declared in all respects as provided in Chapter 160 of the General Statutes of North Carolina. If said plan shall be adopted by the voters, the same shall take effect upon the certification of the results of the election, and the adoption of said plan of government shall not affect the terms of office of the officials elected at the May 1959 municipal election and shall not have the effect of changing the date of future municipal elections in the City of Kings Mountain to conform with the provisions of G. S. 160-306.

Sec. 3. That in the event said "Plan D" form of government, as modified by this Act, shall be adopted at said election, all powers, duties, functions and authority, vested by statute in the Board of Commissioners of the City of Kings Mountain, howsoever designated, or in the several commissioners thereof, howsoever designated, shall upon the due certification of said election be vested in the governing body of the City of Kings Mountain as constituted by "Plan D", part four of Article 22 of Chapter 160 of the General Statutes of North Carolina, as modified by this Act, and shall be performed, exercised and administered by the city commissioners or the city manager in accordance with the terms and provisions of said "Plan D", part four of Article 22 of Chapter 160 of the General Statutes of North Carolina, as modified by this Act.

Sec. 4. That under said modified plan, the mayor shall have the right to act as mayor and also as city manager, provided he is employed by the board of commissioners to act as such and in that event, exercise the same powers and duties as delegated to the city manager.

Sec. 5. That notwithstanding the provisions of Section 3 of this Act or the provisions of G. S. 160-341, G. S. 160-343 and G. S. 160-345, in the event said "Plan D" form of government as modified by this Act shall be adopted at said election, the Mayor and Commissioners of the City of Kings Mountain shall be elected and their terms of office shall be as set out in Chapter 684, Session Laws of 1947.

Sec. 6. That notwithstanding the provisions of Section 3 of this Act or the provisions of G. S. 160-350, in the event said "Plan D" form of government as modified by this Act shall be adopted at said election, the city commissioners shall appoint the city attorney, city clerk, city treasurer and city tax collector, recorder of municipal court, solicitor of municipal court, and the mayor shall have the right to vote on any question coming before the board of commissioners in case of a tie vote only, as provided in Section 2 of Chapter 684, Session Laws of 1947.

Sec. 7. That this Act shall apply only to the City of Kings Mountain in Cleveland County, and all laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 8. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1959.