NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 664

SENATE BILL 868

 

 

AN ACT TO CORRECT OMISSIONS, TECHNICAL ERRORS, AND INTERNAL INCONSISTENCIES IN CHAPTERS 160A. 136, AND 106 OF THE GENERAL STATUTES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Unless otherwise provided, all references in this act to portions of Chapter 160A of the General Statutes refer to Chapter 160A as it appears in the 1972 Replacement Volume 3D of the General Statutes.

Sec. 2.  G.S. 106-386 is repealed.

Sec. 3.  G.S. 136-66.1 is amended by striking the phrase "Article 9 of Chapter 160" in the fourth line of the last paragraph, and inserting in lieu thereof "Article 10 of Chapter 160A".

Sec. 4.  G.S. 160A-9.2(4), as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is amended by inserting in line 6 after the word and punctuation "Congress," and before the word "or" the words and punctuation "or within four miles of the corporate limits of any other city having a population of 25,000 or more according to the most recent decennial census of population taken by order of Congress,".

Sec. 5.  G.S. 160A-74 is amended by striking out the first two sentences and inserting in lieu thereof the following: "A majority of the actual membership of the council, excluding vacant seats, shall constitute a quorum."

Sec. 6.  (a) G.S. 160A-101(6), as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is amended by adding a new paragraph "e." to read as follows:

"e.        The city shall be divided into single-member electoral districts; council members shall be apportioned to the districts so that each member represents the same number of persons as nearly as possible, except for members apportioned to the city at large, if any; in a nonpartisan primary, the qualified voters of each district shall nominate two candidates who reside in the district, and the qualified voters of the entire city shall nominate two candidates for each seat apportioned to the city at large, if any; and all candidates shall be elected by all the qualified voters of the city."

(b)        G.S. 160A-101(6), as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is further amended by striking the letters and words "b or c or d" in the first line of the last paragraph, and inserting in lieu thereof the letters and word "b, c, d or e".

(c)        Nothing contained in this section shall be construed to alter any existing form of government of any municipality.

Sec. 7.  G.S. 160A-209(d), as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is rewritten to read as follows:

"(d)      Property taxes may be levied for one or more of the purposes listed in subsection (c) up to a combined rate of one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) appraised value of property subject to taxation."

Sec. 8.  (a) G.S. 160A-216 is amended by striking the word "waterlines" in paragraph (3) and inserting in lieu thereof the words "water systems".

(b)        G.S. 160A-216 is further amended by striking the words "sanitary sewer lines" in paragraph (4) and inserting in lieu thereof the words "sewage disposal systems".

Sec. 9.  G.S. 160A-274(b) is amended by inserting in line 2 after the word and punctuation "wise," and before the word "exchange", the words and punctuation "with or without consideration,".

Sec. 10.  G.S. 160A-284 is amended by adding at the end thereof a new sentence as follows:

"The office of auxiliary policeman is hereby declared to be an office that may be held concurrently with any elective office pursuant to Article VI, Section 9, of the Constitution."

Sec. 11.  (a) G.S. 160A-319 is amended by inserting in line 3 thereof, between the citation "G.S. 160A-311" and the period, the words "and for the operation of telephone systems".

(b)        G.S. 160A-319 is further amended by inserting in line 5 thereof, between the comma and the word "upon", the words and punctuation "when a city operates an enterprise, or".

Sec. 12.  G.S. 160A-356 is amended by striking all of the section after the first sentence.

Sec. 13.  G.S. 160A-357 is repealed.

Sec. 14.  G.S. 160A-406, as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is rewritten to read as follows:

"§ 160A-406.  Appropriations authorized. — For the purposes set forth in this Part, a county or city may appropriate funds not otherwise limited as to use by law."

Sec. 15.  G.S. 160A-441, as it appears in the 1974 Cumulative Supplement to Volume 3D of the General Statutes, is amended by adding a second paragraph thereto to read as follows:

"In addition to the exercise of police power authorized herein, any city may by ordinance provide for the repair, closing or demolition of any abandoned structure which the city council finds to be a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children or frequent use by vagrants as living quarters in the absence of sanitary facilities. Such ordinance, if adopted, may provide for the repair, closing or demolition of such structure pursuant to the same provisions and procedures as are prescribed herein for the repair, closing or demolition of dwellings found to be unfit for human habitation."

Sec. 16.  G.S. 160A-455 is amended by striking the words "and a necessary expense" at the end thereof and inserting a period after the word "purpose".

Sec. 17.  G.S. 160A-488(b) is rewritten to read as follows:

"For the purposes set forth in this section, a city or county may appropriate funds not otherwise limited as to use by law."

Sec. 18.  G.S. 160A-489 is amended by striking the last two sentences and inserting in lieu thereof the following:

"For the purposes set forth in this section, a city may appropriate funds not otherwise limited as to use by law."

Sec. 19.  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 18th day of June, 1975.