NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 491

HOUSE BILL 827

 

AN ACT TO PROVIDE A CONSOLIDATED AND REVISED CHARTER FOR THE TOWN OF EDENTON IN CHOWAN COUNTY.

 

The General Assembly of North Carolina enacts:

 

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

"ARTICLE 1.

"General Provisions.

"Sec. 1-1. Body politic and corporate; powers generally. The Town of Edenton shall continue to be a body politic and corporate, incorporated under the name 'Town of Edenton'. Under that name the town shall have perpetual succession, may adopt a corporate seal, may sue and be sued, may enter into contracts and shall have all the rights, powers and duties now or hereafter prescribed by the general laws of North Carolina pertaining to incorporated cities and towns and as more particularly prescribed by this charter as now written or as hereafter amended.

"Sec. 1-2. Corporate boundaries. The corporate boundaries of the Town of Edenton shall be as follows until hereafter changed from time to time as provided by the laws of North Carolina:

Beginning at the Northwestern corner of the intersection of Hubley Drive leading to the Carter Ink Plant and N.C. Highway 32; thence along the Northern margin of N.C. Highway #32, a curve, R=1493 feet, 561 feet to a point in the Northern Margin of N.C. Highway #32 at the center of a branch of Queen Anne Creek; thence along said branch South 24° 20' West, 1,075' to a point; thence along said branch South 84° 45' West, 635 feet to a point; thence along said branch South 27° 40' West, 1,680 feet to a point in Queen Anne Creek; thence along Queen Anne Creek South 87° 45' West 890 feet to a point; thence along Queen Anne Creek North 45° 45' West, 1,035 feet to a point; thence leaving Queen Anne Creek and entering Edenton Bay South 84° 00' West, 1,491 feet to a point in Edenton Bay; thence North 55° 15' West, 2,135 feet to a point in Pembroke Creek; thence along Pembroke Creek South 63° 30' West, 1,065 feet to a point; thence along Pembroke Creek South 50° 00' West 1,105 feet to a point; thence along Pembroke Creek North 55° 40' West 575 feet to a point; thence South 79° 45' West, 470 feet to a point at the shoreline of Pembroke Creek; thence North 89° 00' West 4,968.5 feet to a point; thence North 5° 00' East, 520 feet to a point; thence North 88° 00' West, 284 feet to a point; thence North 6° 00' East, 598 feet to a point; thence South 81° 40' East, 75 feet to a point; thence North 08° 20' East 174 feet to a point in the Southern margin of West Queen Street Extended and U.S. Highway #17; thence along the Southern margin of U.S. Highway #17 South 81° 40' East, 193 feet; thence North 05° 00' East, 1,580 feet to a point; thence South 85° 00' East, 1,083 feet to a point; thence North 26° 40' East 308 feet to a point in the shoreline of Pembroke Creek; thence North 74° 05' East 2,205 feet to a point; thence North 27° 00' East 2,625 feet to a point; thence South 66° 16' East 3,160.5 feet to a point; thence North 72° 05' East, 726 feet to a point; thence North 52° 56' East 2,748.4 feet to a point; thence North 70° 02' East 2,020 feet to a point in the Western line of Main Street Extended at Eden Heights; thence North 26° 52' East, 1,543.4 feet to a point; thence North 16° 23' East, 368.2 feet to a point; thence South 68° 05' East, 696 feet to a point in the Western margin of N.C. Highway #1319; thence South 49° 33' East, 1,552 feet to a point; thence North 54° 00' East 881 feet to a point; thence along a curve, R=2865 feet, 396 feet to a point; thence North 47° 00' East, 520 feet to a point in the Southwestern margin of Peanut Drive; thence North 57° 50' West 894.5 feet to a point; thence North 40° 55' East, 1,347.5 feet to a point; thence North 69° 00' East 218.4 feet to a point; thence North 70° 00' East, 266 feet to a point; thence North 71° 45' East 300 feet to a point; thence South 57° 10' East, 804.7 feet to a point; Thence North 47° 00' East, 653 feet to a point; thence South 33° 35' West 994 feet to a point; thence South 33° 15' West, 320 feet to a point; thence South 36° 15' East, 2,021 feet to a point; thence South 50° 15' West 504 feet to a point; thence along a curve, R=1433 feet, 418 feet to a point; thence South 49° 00' West 653 Feet to a point; thence South 33° 35' West 3,058 feet to a point; thence South 81° 50' East, 1,722 feet to a point; thence South 47° 48' East 670 feet to a point; thence South 63° 35' East 239' to a point; thence South 41° 10' West 2,297 feet to a point; thence South 61° 10' West 1,284 feet to a point in the Northeastern margin of N.C. Highway #32; thence North 61° 10' West, 876 feet along the Northeastern margin of N.C. Highway #32, to a point, the point and place of beginning, said description being taken from survey prepared by Carlyle C. Webb, Registered Surveyor, dated February 5, 1975, entitled 'Town of Edenton, N.C. Corporate Limits'.

"ARTICLE 2.

"Mayor and Board of Councilmen.

"Sec. 2-1. Composition; election; term. The legislative body of the Town of Edenton shall consist of a mayor and a board of councilmen composed of six councilmen to be elected as follows:

The councilman from each of the four wards as described in Section 3-2 shall be elected by all the voters of the town voting at large, and candidates for such office shall have been a resident of the ward from which he is a candidate for a period of not less than 30 days next preceding the date of the election. The candidate in each of the four wards receiving the largest number of votes cast by all the voters of the town shall be declared elected councilman from the ward in which he is a candidate. The candidate running for the at-large position receiving the largest number of votes cast by all the voters of the town shall be declared elected councilman at large.

Councilmen are elected to four-year staggered terms. In the regular election in November, 1975, and each four years thereafter, there shall be elected a councilman at large and councilmen from the first and second wards. In the regular election in November, 1977, and each four years thereafter, there shall be elected a councilman at large and councilmen from the third and fourth wards.

The mayor shall be elected biennially and shall serve for a term of two years.

"Sec. 2-2. Organization and procedures. The legislative body of the Town of Edenton shall organize and conduct its proceedings pursuant to Sections 160A-68 to 160A-82 of the General Statutes of North Carolina.

The board of councilmen, as a body, shall have control and supervision over all departments of the town, and to that end shall have power to make and enforce such rules and regulations as it may deem fit and proper concerning the organization, management, and operation of all the departments of the town and of such agencies as may be created for the administration of its affairs. The board of councilmen shall create the following committees, each composed of two councilmen, to perform the functions and duties herein prescribed:

(a)       Committee on Finance and Revenue, to oversee the preparation of the annual budget and the recommendations as to the levy of taxes, the collection of revenues, and the management of all financial affairs of the town

(b)       Committee on Utilities, to oversee the affairs of the Electric and Water Department and to recommend policies as to utility extensions, enlargements, and rates

(c)       Committee of Public Works, to oversee the affairs of the street, health, sanitation, and engineering departments, and the operation and condition of the Town Common and all other public parks and squares of the town. The board of councilmen may from time to time assign additional duties to one or more of the committees herein authorized, and the board of councilmen or the mayor may from time to time create other committees for other specific purposes or functions.

"Sec. 2-3. Powers. The legislative body of the Town of Edenton shall have all the powers conferred by the provisions of this charter and the General Statutes of North Carolina, and shall consist of a mayor, and a board of councilmen of six members elected as provided by this charter.

"Sec. 2-4. Term of office to begin. The mayor and councilmen, and the treasurer elected as provided in this charter, shall be qualified before any justice of the peace, or other officer authorized to administer oaths, at the time specified in G.S. 160A-68.

"Sec. 2-5. Oath of office. Before entering upon the duties of their respective offices, each of the officers as provided in this charter, shall be qualified by taking the oath required by Article VI, Section 7 of the Constitution before some officer authorized to administer oaths.

"Sec. 2-6. Officials disqualified for certain positions. No member of the board of councilmen, or the mayor, shall ever be elected or appointed to any office (except a town office filled by election by the people) created by or the compensation of which was increased or fixed by the board while he was a member thereof until after the expiration of at least two years after he has ceased to be a member of said board.

"Sec. 2-7. Mayor to preside. The mayor shall preside at all meetings and shall be allowed to vote at said meetings only in case of a tie.

"Sec. 2-8. Mayor pro tempore. The board of councilmen shall name one of its members as mayor pro tempore to act during the absence of the mayor with the same authority as is vested in the mayor.

"Sec. 2-9. Meetings. The board of councilmen shall meet at least once every month in regular meeting, at such time and place as may be fixed by ordinance. The board of councilmen may provide for the holding of special and adjourned meetings.

"Sec. 2-10. Quorum. Four members of the board of councilmen shall constitute a quorum for the transaction of business, but no final action shall be taken in any matter respecting the department of any absent councilman, unless such business has been made a special order, with notice to such councilman of such contemplated action, or unless such action is taken at a regular meeting of the board.

"Sec. 2-11. Vacancies. In case of any vacancy from any cause in the office of mayor, treasurer, or any councilman, the board of councilmen shall by a majority vote of all the members thereof elect some suitable person to fill the unexpired term. The resignation of the mayor, treasurer, or any councilman, shall be made in writing to the board of councilmen for their action thereon. If the mayor or any other officer shall remove his residence from the territorial limits of Edenton, such removal shall, ipso facto, be deemed to create a vacancy in his office.

"Sec. 2-12. Procedure. The board of councilmen may fix by ordinance the procedure governing the conduct of its meetings, not inconsistent with the provisions of this charter.

"Sec. 2-13. Mayor – Chief Executive Officer. He shall be the chief executive officer of the town, and shall have general supervision and control of all other officers, departments and affairs of government of the town, and shall take care that the provisions of this act and all ordinances of the town are complied with.

"Sec. 2-14. Same – Appointment of committees. All committees shall, unless otherwise ordered, be appointed by the mayor.

"Sec. 2-15. Same – Signing commissions; approval of bonds. The mayor shall sign the commissions of all officers elected or appointed by the town and endorse the approval of all official bonds by the said board of councilmen.

"Sec. 2-16. Same – Recommendations. The mayor shall from time to time communicate to the board of councilmen, in writing, such information and recommend such measures as in his opinion may tend to the improvement of the finances of the town, the police, health, security, ornament, comfort, and general prosperity of the town.

"Sec. 2-17. Same – Officers to exhibit books. The mayor shall have the power to require any officer of the town to exhibit his accounts or other papers, and to make reports to the said board, in writing, touching any subject or matter pertaining to said officers, whenever he may deem it necessary.

"Sec. 2-18. Residence requirement. No person shall be eligible to any appointive office unless he shall be a bona fide resident of the town prior to his appointment, except that the town may hire nonresident expert employees when deemed necessary by the board of councilmen.

"Sec. 2-19. Removal of officers. The board of councilmen shall have power to remove any elective or appointive officer for misfeasance, neglect or malfeasance in office, upon charges preferred, after due notice, in writing and opportunity to be heard in their defense. When such charges are sustained, any such officer shall be removed by resolution of the board of councilmen, passed by a vote of at least four of the members of said board, declaring that the charges preferred have been proven and that such office is vacant, and may by ordinance prescribe, limit or change the compensation of all appointive officers and employees.

"ARTICLE 3.

"Elections.

"Sec. 3-1. Conduct. All town elections shall be conducted by the county and pursuant to Chapter 163 of the General Statutes of North Carolina and the options thereunder for the conduct of municipal elections and the registration of voters under the nonpartisan plurality method of municipal elections.

"Sec. 3-2. Wards described. For the purpose of town elections, the Town of Edenton is hereby divided into wards as follows:

FIRST WARD. That portion of the town bounded on the North by the center of West Albemarle Street, on the East by the center line of Broad Street, on the South and West by the boundaries of the town to constitute and be known as the First Ward.

SECOND WARD. That portion of the town bounded on the North by the center line of East Freemason Street to Old Hertford Road and then the center line of N.C. 32 and on the East and South by the boundaries of the town, on the West by the center line of Broad Street to constitute and be known as the Second Ward.

THIRD WARD. That portion of the town bounded on the East by the center line of Broad Street and Paradise Road, bounded on the North and West by the outer boundaries of the town and on the South by the center line of West Albemarle Street to constitute and be known as the Third Ward.

FOURTH WARD. That portion of the town bounded on the West by the center line of Broad Street and Paradise Road, on the North and East by the outer boundaries of the town and on the South by the center line of East Freemason Street and Old Hertford Road where it bisects N.C. 32 and N.C. 32 to the city limits to constitute and be known as the Fourth Ward.

"ARTICLE 4.

"Officers and Employees.

"Sec. 4-1. Town administrator. (1)  Appointment. The board of councilmen shall appoint an administrative officer whose title shall be town administrator. The town administrator shall be appointed with regard to merit only and need not be a resident of the town at the time of his appointment. The mayor or any member of the board of councilmen shall not be eligible for appointment as town administrator.

(2)       Combined office; term; compensation. The office of town administrator may be combined with any other town office and the administrator shall perform the duties of such other offices as may be directed by the board of councilmen. The town administrator shall hold office at the pleasure of the board of councilmen and shall receive such compensation as the board may by ordinance determine.

(3)       Duties. The town administrator shall perform the following duties:

(a)       He shall be chief administrative officer of the town government responsible to the mayor and the board of councilmen for the performance of his duties. The administrator shall perform or supervise the performance of all administrative affairs of the town as he may be authorized and directed so to do by the mayor and the board of councilmen.

(b)       He shall attend all regular meetings of the board of councilmen. In addition he shall attend all committee meetings of the board when requested by the mayor or the board of councilmen.

(c)       He shall make investigations and reports concerning town government affairs for the mayor and board as they may direct and as the administrator shall from time to time deem necessary. Reports may include recommendations for adopting such measures as the administrator may deem best for the good government of the municipality.

(d)       He shall keep the commissioner of finance and revenue, the mayor and the board of councilmen fully advised of the town's financial condition and its future financial needs, and to perform such fiscal control duties in connection therewith as may from time to time be authorized or required by the board of councilmen.

(e)       He shall coordinate the activities of all departments and see that superintendents and other town employees perform their duties and functions as may be required.

(f)        He shall perform such other duties and functions as the board of councilmen may prescribe.

(g)       He shall appoint, subject to confirmation of Town Council, individuals to the following positions: Director of Utilities, Chief of Police, Chief of Fire Department, Street Department Superintendent, Building Inspector, City Clerk, Tax Collector, and Recreation. Other employees will be appointed by the department head supervising the employee, subject to the approval of the town administrator.

(4)       Relationship with other departments. The superintendent or operating head of the various town departments shall be directly responsible to the administrator who in turn shall be directly responsible to the mayor and board of councilmen. It is the intent of this section to establish a line of responsibility from the superintendent or operating department head through the administrator to the mayor and the board of councilmen. The administrator is responsible for maintaining fiscal control of the budgeted items of the various departments.

"Sec. 4-2. Town clerk – compensation; bond. The clerk shall be allowed a reasonable salary, and enter into bond with the board of councilmen and their successors, with sufficient security for the due and faithful execution of his office, and the trust reposed in him for the safekeeping of the books and papers put into his care, and keeping a regular and fair journal of the proceedings of the board of councilmen.

"Sec. 4-3. Same – duties. The clerk shall attend all meetings of the board of councilmen. He shall keep a true record of all its proceedings, and also keep a record of all its official acts, and when necessary shall attest them. He shall also keep and preserve in his office the corporate seal of the town, all records, police papers, and documents of the town not belonging to any other officer. He shall be authorized to administer oaths; and the copies of all papers filed in his office, and transcript from the records of the proceedings of the council, including ordinances duly certified by the mayor under the corporate seal of the town, shall be taken as evidence in all courts of the State without further proof. He shall draw all warrants on the town treasurer, issue all licenses and perform such other duties as may be prescribed by ordinance.

"Sec. 4-4. Treasurer – election; term. The treasurer of the Town of Edenton shall be elected biennially at the same time provided for the election of the mayor to serve for a term of two years.

"Sec. 4-5. Same – duties generally. The town treasurer shall give a good and sufficient bond, in some reputable surety company, to the town, in such amount and in such form as may be prescribed by the board of councilmen, in a sum not less than ten thousand dollars ($10,000), and the cost of such bond shall be borne by the town, and said bond, before its acceptance, shall be approved by the mayor and shall be conditioned for the faithful discharge of his duties, and that such treasurer shall safely keep all public monies entrusted to his care, and save such town free and harmless from all loss caused by neglect of duty or malfeasance in office. Said board shall require the treasurer to give a new bond whenever in their opinion the existing bond is insufficient, and whenever such new bond is required he shall perform no official act until such bond shall be given and approved, as aforesaid. It shall be his duty to receive and keep all money belonging to the said town, and to pay out the same on warrants drawn by the town clerk and signed by the mayor, and not otherwise. Said treasurer shall render a full and correct itemized statement of all receipts and payments to the board of councilmen at their regular meeting in each month and at such other times as may be required by the said board, or the mayor. Said treasurer shall also keep a separate account of each fund, and shall credit each account with the funds received therefor, and charge each account with the amount legally paid out therefrom; and no money shall be paid out of any one fund for any object or purpose other than that for which the fund was created. The town treasurer shall perform such other duties as may be required of him by the board of councilmen.

"Sec. 4-6. Same – reports. The treasurer shall prepare, furnish and publish such reports from time to time as the board of councilmen may require.

"ARTICLE 5.

"Police Department.

"Sec. 5-1. Establishment and operation. The board of councilmen shall provide for the establishment, maintenance, and operation of a police department under such rules and regulations as the council may approve.

"Sec. 5-2. Police jurisdiction. All police and law enforcement officers of the Town of Edenton are hereby authorized to exercise the powers of arrest, to preserve the peace, and to serve criminal process at any point within 2000 yards of the corporate boundary lines of the Town of Edenton, and at such other places as may be specifically authorized by legislative act.

"Sec. 5-3. Special policemen. The mayor shall be a conservator of the peace throughout the town, and at all times shall have power to appoint such number of special policemen as he may in cases of emergency deem necessary to preserve the peace of the town, and to dismiss the same at pleasure; provided, such policemen shall not serve longer than the next meeting of the board of councilmen following their appointment unless confirmed by said board.

"ARTICLE 6.

"Fire Department.

"Sec. 6-1. Establishment and operation. The board of councilmen shall provide for the establishment, maintenance, and operation of a fire department under such rules and regulations as the council may approve.

"Sec. 6-2. Authority to destroy structures. During the continuance of any fire, the officer in command shall have authority to demolish or destroy any burning structures or other structures necessary to prevent the spread of fire. The officer in command shall also have authority to remove any contents of any structure to prevent their destruction or to prevent the spread of fire. The officer in command shall suffer no liability for the execution of such orders, nor shall any person executing such orders.

"ARTICLE 7.

"Finance and Taxation.

"Division 1. General Provisions.

"Sec. 7-1. Taxes generally. For the purpose of raising revenue for defraying expenses incident to the operation of the town, the board of councilmen may annually levy and collect any and all taxes, at the rate or rates and in the manner now or hereafter prescribed by State law.

"Sec. 7-2. Sale or lease of utility systems. The board of councilmen shall not sell or lease the town electric system, the town water system, the town sewerage system, or any other utility system which the town owns or may hereafter own, unless such sale or lease and the terms thereof be approved by a majority of the qualified voters who vote thereon in an election held not earlier than six months preceding such sale or lease; provided, this section shall not be deemed to prohibit the board of councilmen from selling or exchanging particular utility lines, or minor portions of any utility system, located outside the corporate limits, in its discretion and without approval of the voters.

"Sec. 7-3. Fiscal procedures. All elective and appointive officials having responsibilities pertaining to fiscal matters shall be governed by G.S. Chapter 159, G.S. Chapter 105, Subchapter II (The Machinery Act), and any other general laws dealing with fiscal affairs.

"Sec. 7-4. Enforcement of privilege license taxes. In addition to any other civil or criminal remedy available to enforce the collection of privilege license taxes, the tax collector may employ the remedies of levy upon personal property, attachment and garnishment, in the manner of and subject to the limitations provided in North Carolina General Statutes.

"Division 2. Street and Sidewalk Improvements.

"Sec. 7-5. Authority to assess for improvements. In addition to any authority which is now or may hereafter be granted by general law to the town for making street and sidewalk improvements, the town board is hereby authorized to make such improvements and to assess fifty percent of the total cost thereof against abuttting property owners in accordance with the provisions of this Chapter, without the necessity of a petition of property owners.

"Sec. 7-6. Authority to order repairs, etc., and make assessment therefor. In addition to any authority which is now or may hereafter be granted by general law to the town for making sidewalk improvements, the town council is hereby authorized to order to be made or to make sidewalk improvements or repairs according to standards and specifications of the town, and to assess fifty percent of the total cost thereof against abutting property owners, without the necessity of a petition of property owners.

"Sec. 7-7. Assessment procedure. In ordering street or sidewalk improvements or sidewalk repairs, without a petition and assessing fifty percent of the cost thereof under authority of this Chapter, the town council shall follow the procedure provided by the General Statutes relating to street and sidewalk assessments, except those provisions relating to the petition of property owners and the sufficiency thereof.

"Sec. 7-8. Effect of assessment under division. The effect of the act of levying assessments under authority of this Chapter shall for all purposes be the same as if the assessments were levied under authority of the General Statutes.

"Sec. 7-9. Exemption of corner lots. The board of councilmen shall have authority to exempt from assessment for street improvements for corner lots one hundred fifty feet of the frontage of any side of a corner lot when street improvements are installed along both sides of such lot.

"Division 3. Water and Sewer Assessments.

"Sec. 7-10. Authority to levy by alternate methods. In addition and as alternatives to the method provided in the General Statutes of North Carolina for assessing the costs of water and sewer lines and laterals, the board of councilmen of the Town of Edenton, North Carolina, 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 of any portion thereof 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 division is to distribute more equitably the cost of the installation of water and sewer lines throughout the town; 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 board of councilmen 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 board of councilmen 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 twenty thousand feet but in no case shall the assessment be less than the assessment which would be made against a single-family dwelling lot.

"Sec. 7-11. Exemption of corner lots. The board of councilmen shall have authority to exempt from assessment for water and sewer extensions for corner lots one hundred fifty feet of the frontage of any side of a corner lot when water and sewer extensions are installed along both sides of such lot.

"ARTICLE 8.

"Miscellaneous.

"Sec. 8-1. Notice of injury before suit against town. No action for damages against the Town of Edenton of any character whatever, to either person or property, shall be instituted unless within 90 days after the happening or infliction of the injury complained of, the complainant, his executors or administrators, shall have given notice to the board of councilmen of such injury in writing, stating in such notice the date and place of the happening or infliction of such injury, the manner of such injury, the character of such injury and the amount of damages claimed therefor, but this shall not prevent any time of limitation prescribed by law from commencing to run at the date of the happening or infliction of such injury, or in any manner interfere with its running.

"Sec. 8-2. General laws apply. All questions arising in the administration of the government of the Town of Edenton and not provided for in this charter, shall be governed by the laws of the State, and nothing in this charter shall be deemed as limiting any powers given to municipal corporations by the Constitution and Laws of North Carolina."

Sec. 2. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of June, 1975.