NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 341

HOUSE BILL 780

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF LINCOLNTON AND TO REPEAL PRIOR LOCAL ACTS.

 

The General Assembly of North Carolina enacts:

 

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

"THE CHARTER OF THE CITY OF LINCOLNTON.

"ARTICLE I. INCORPORATION, CORPORATE POWERS AND

BOUNDARIES.

"Section 1.1. Incorporation. The City of Lincolnton, North Carolina in the County of Lincoln, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the 'City of Lincolnton', hereinafter at times referred to as the 'City'.

"Section 1.2. Powers. The City of Lincolnton 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 City of Lincolnton 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 City of Lincolnton shall be those existing at the time of ratification of this Charter, as the same are set forth on an official map of the City, and as the same may be altered from time to time in accordance with law. An official map showing the current boundaries of the City, entitled 'Map of the City of Lincolnton, North Carolina', or a current metes and bounds description of the corporate limits shall be maintained in the office of the City Clerk, and shall be available for public inspection. Upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map of the City shall be made.

"ARTICLE II. MAYOR AND BOARD OF ALDERMEN.

"Section 2.1. Governing Body. The Board of Aldermen, elected and constituted as herein set forth, shall be the governing body of the City. On behalf of the City, and in conformity with applicable laws, the Board of Aldermen may provide for the exercise of all municipal powers, and shall be charged with the general government of the City.

"Section 2.2. Board of Aldermen; Composition; Length of Terms. The Board of Aldermen shall be composed of four (4) members, each of whom shall be elected by the qualified voters of the City for a term of four (4) years, in the manner provided by Article III of this Charter.

"Section 2.3. Mayor; Term of Office; Duties. The Mayor shall be elected by the qualified voters of the City to serve for a term of two years, in the manner provided by Article III of this Charter. The Mayor shall preside at meetings of the Board of Aldermen, but shall vote only when there is an equal number of votes in the affirmative and in the negative.

"Section 2.4. Mayor Pro Tempore. In accordance with applicable State law, the Board of Aldermen shall elect 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 shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.

"ARTICLE III. ELECTIONS.

"Section 3.1. Method of Election. Regular municipal elections shall be held in the City every two years in odd-numbered years and shall be conducted in accordance with State law governing municipal elections. The Mayor and members of the City Council shall be elected according to the partisan primary and election method.

"Section 3.2. Election of the Mayor; Term of Office. At each regular municipal election in the City, a Mayor shall be elected for a term of two years by and from the qualified voters of the City voting at large.

"Section 3.3. Election of the Board of Aldermen; Term of Office; Ward Representation. (a)  The Board of Aldermen shall continue to serve four-year staggered terms of office as set forth herein. At the regular municipal election to be held in 1979, and every four years thereafter, there shall be elected two members to the Board of Aldermen, one member from Ward Two and one member from Ward Four, to serve terms of four years each. At the regular municipal election in 1981, and every four years thereafter, there shall be elected two members to the Board of Aldermen, one member from Ward One and one member from Ward Three, to serve terms of four years each.

(b)       Every person who is a candidate for the Board of Aldermen and every person who is elected to the Board of Aldermen shall reside in the ward which the person represents or seeks to represent, but all candidates shall be voted upon and elected by all the qualified voters of the City.

(c)       If a member of the Board of Aldermen has been elected from a ward and during his tenure of office moves from his ward to another ward within the City, the Board member will not forfeit his office but will continue to serve as Alderman for the remaining term for which he was elected.

"Section 3.4. Wards and Ward Boundaries. (a)  The City shall be divided into four wards - Ward One, Ward Two, Ward Three and Ward Four.

(b)       The boundaries of the four wards shall be those existing at the time of the ratification of this Charter, as the same are set forth on an official map or written description of the City. The official map or written description showing the current ward boundaries shall be maintained in the office of the City Clerk, and shall be available for public inspection. Upon alteration of the City's corporate limits, the Board of Aldermen shall have the authority to revise the ward boundaries, in accordance with State law.

"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.

"Section 4.1. Form of Government. The City shall operate under the Mayor-Council form of government, in accordance with Part 3 of Article 7, Chapter 160A of the General Statutes.

"Section 4.2. City Administrator. The Board of Aldermen may appoint a City Administrator to act as the chief administrator of City government, and who is to be responsible to the Board of Aldermen for the proper administration of the affairs of the City. The City Administrator shall serve at the pleasure of the Board of Aldermen and shall perform such duties and responsibilities as may be assigned by the Board of Aldermen.

"Section 4.3. City Attorney. The Board of Aldermen shall appoint a City 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 Attorney to prosecute and defend suits against the City; to advise the Mayor, Board of Aldermen and other City officials with respect to the affairs of the City; to draft all legal documents relating to the affairs of the City; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the City may be concerned; and to perform other duties required by law or as the Board of Aldermen may direct. The Board of Aldermen may employ other legal counsel from time to time, in addition to the City Attorney, as may be necessary to handle adequately the legal affairs of the City.

"Section 4.4. City Clerk. The Board of Aldermen shall appoint a City 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 City, and to perform such other duties as may be required by law or as the Board of Aldermen may direct.

"Section 4.5. City Tax Collector. The Board of Aldermen shall appoint a City Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the City, subject to the General Statutes, the provisions of this Charter and the ordinances of the City. The City 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. City Treasurer. The Board of Aldermen shall appoint a City Treasurer, or Finance Officer, to perform the duties of the finance officer as required by the Local Government Budget and Fiscal Control Act, and to perform such other duties as may be required by the Board.

"Section 4.7. Consolidation of Functions. The Board of Aldermen may consolidate any two or more positions of the City Administrator, City Clerk, City Tax Collector and City Treasurer, 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 and State law.

"Section 4.8. 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 City government in order to promote the orderly and efficient administration of the affairs of the City.

"ARTICLE V. RETIREMENT.

"Chapter 1. General Retirement Benefits.

"Section 5.1. Retirement Benefits for City Employees. (a)  Employees of the City, retired employees of the City, and former employees of the City who contributed to the Retirement Benefit Fund established for the City of Lincolnton by Chapter 199 of the Session Laws of 1967, shall be refunded such moneys as he or she has paid into the fund without interest, during the year 1974-1975.

(b)       The Board of Aldermen is hereby authorized to appropriate, from nontax revenues of the City, funds for retirement benefits to be granted any qualified employee, former employee or retired employee of the City. All such benefits shall be in addition to any retirement benefits the employee may receive from the North Carolina Local Governmental Employees' Retirement System or any other retirement benefits received from any other source.

(c)       The Board of Aldermen shall create a separate fund, to be known as the Retirement Fund, and to be disbursed by voucher drawn by the City Treasurer and countersigned by the Mayor. Such retirement funds are to be accumulated out of nontax moneys of the City.

(d)       Should the retirement fund, at any time, be insufficient to make the monthly payment, the City shall place in the retirement fund the amount sufficient to make the monthly payments, the funds to be paid out of nontax moneys.

(e)       Employees of the City, whether paid wages or salary, including the City Clerk, City Treasurer, City Attorney, and any and all other employees of the City, may voluntarily file notice with the City Clerk to be entered on the roll of pension.

(f)        Employees at age 62 or over and with 25 years of accumulated employment with the City will receive retirement pay of fifty dollars ($50.00) per month.

(g)       An employee who has an accumulated employment with the City for 10 years or more and who becomes disabled or unable to work (while an employee of the City) shall be entitled to retirement benefits of fifty dollars ($50.00) per month.

(h)       The provisions of G.S. 160A-163 shall not apply to the retirement benefits authorized by this act.

Sections 5.2 through 5.20 reserved.

"Chapter 2. Firemen's Supplemental Retirement Fund.

"Section 5.21. Supplemental Retirement Fund Created. The Board of Trustees of the Local Firemen's Relief Fund of the City, as established in accordance with G.S. 118-6, hereinafter called the Board of Trustees, shall create and maintain a separate fund to be called the Lincolnton Firemen's Supplemental Retirement Fund, hereinafter called the Supplemental Retirement Fund, and shall maintain books of account for such fund separate from the books of account of the Firemen's Local Relief Fund of the City, hereinafter called the Local Relief Fund. The Board of Trustees shall pay into the Supplemental Retirement Fund the funds prescribed by this Chapter.

"Section 5.22. Transfers of Funds and Disbursements. Notwithstanding the provisions of G.S. 118-7, the Board of Trustees of the Local Firemen's Relief Fund of the City shall:

(a)       prior to January 31 of each calendar year, transfer to the Supplemental Retirement Fund all earnings on investments of the Local Relief Fund;

(b)       as soon as practicable after January 1 of each year, but in no event later than July 1, divide funds belonging to the Supplemental Retirement Fund into equal shares and disburse the same as supplemental retirement benefits in accordance with Section 5.23.

"Section 5.23. Supplemental Retirement Benefits. Each retired fireman of the City who has previously retired with 20 years service or more as a city fireman, and who retired subsequent to attaining the age of 55 years, shall be entitled to and shall receive an annual supplemental retirement benefit equal to one share for each full year of service as a fireman of the City; provided, in no event shall any retired fireman be entitled to or receive in any year an annual benefit in excess of six hundred dollars ($600.00).

"Section 5.24. Intention. It is the intention of this Chapter to authorize the disbursement as supplemental retirement benefits only of the funds belonging to the Supplemental Retirement Fund.

"Section 5.25. Investment of Funds. The Board of Trustees is hereby authorized and directed to invest all of the funds of the Local Firemen's Relief Fund in one or more of the investments named in or authorized by G.S. 159-30.

"Section 5.26. Acceptance of Gifts. The Board of Trustees is hereby authorized to accept any gifts, grants, bequests, or donations of money, properties or any other gifts or grants for the use of the Supplemental Retirement Fund.

"Section 5.27. Bond of Treasurer. The Board of Trustees shall bond the Treasurer of the Local Firemen's Relief Fund with a good and sufficient bond, in an amount at least equal to the amount of funds in his control, payable to the Board of Trustees, and conditioned upon the faithful performance of his duties; such bond shall be in lieu of the bond required by G.S. 118-6. The Board of Trustees shall pay from the Local Firemen's Relief Fund the premium on the bond of the Treasurer.

"Section 5.28. City Authorized to Make Payment. The Board of Aldermen is hereby authorized and may at its discretion make appropriations and disburse funds to the Supplemental Retirement Fund.

"ARTICLE VI. ALCOHOLIC BEVERAGE CONTROL.

"Section 6.1. Board of Alcoholic Control. There shall continue to be a City board of alcoholic control to be composed of a chairman and two other members, appointed by the Mayor and Board of Aldermen, who shall be well known for their character, ability, and business acumen. The board shall be known and designated as 'The City of Lincolnton Board of Alcoholic Control'. The chairman and other two members of the board shall continue to serve three-year staggered terms. After their terms shall have expired, their successors in office shall serve for a period of three years. Their successors or any vacancy occurring in the board shall be named or filled by the Mayor and the Board of Aldermen.

"Section 6.2. Powers and Duties of Board. The City of Lincolnton Board of Alcoholic Control shall have all of the powers and duties imposed by Section 18A-17 of the General Statutes on County Boards of Alcoholic Control and shall be subject to the powers and authority of the State Board of Alcoholic Control the same as County Boards of Alcoholic Control, except that no city liquor store authorized under this Article shall be located or operated within 450 feet of any school or church in the City. The City of Lincolnton Board of Alcoholic Control and the operation of any city liquor store authorized under the provisions of this Article shall be subject to the provisions of Article 2 of Chapter 18A of the General Statutes, except to the extent which the same may be in conflict with the provisions of this Article. Whenever the word 'County' Board of Alcoholic Control appears in Article 2 of Chapter 18A, it shall include City of Lincolnton Board of Alcoholic Control.

"Section 6.3. ABC Officers. The City of Lincolnton Board of Alcoholic Control may appoint one or more persons to serve as ABC officers. Such officers shall have the same power and authority as granted county ABC officers in G.S. 18A-20 and shall have jurisdiction throughout Lincoln County.

"Section 6.4. Distribution of Revenue. The Board of Alcoholic Control shall, out of the gross revenues derived from the operation of Alcoholic Beverage Control Stores, pay all salaries, costs, and operating expenses, and retain a sufficient and proper working capital. The remaining net revenues, as determined by quarterly audit, shall be distributed quarterly by the Board of Alcoholic Control as follows: Fifteen percent (15%) to the general fund of Lincoln County; eighty-five percent (85%) to the general fund of the City of Lincolnton to be expended for any governmental purpose for which the City may expend tax and nontax revenues.

"ARTICLE VII. SPECIAL PROVISIONS.

"Section 7.1. Assessments for Street and Sidewalk Improvements; Petition Unnecessary. (a)  In addition to any authority which is now or may hereafter be granted by general law to the City for making street improvements, the Board of Aldermen is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this section.

(b)       The Board of Aldermen 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 of Aldermen as a fact:

(1)       that the street improvement project does not exceed 1,200 linear feet; and

(2)       that such street or part thereof is unsafe for vehicular traffic, and it is in the public interest to make such improvement; or

(3)       that it is in the public interest to connect two streets, or portions of a street already improved; or

(4)       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 City's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this section.

(c)       For the purposes of this section, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of rights-of-way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

(d)       In addition to any authority which is now or may hereafter be granted by general law to the City for making sidewalk improvements, the Board of Aldermen 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 City, 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 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.

(e)       In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this section, the Board of Aldermen 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.

(f)        The effect of the act of levying assessments under the authority of this section 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.

"Section 7.2. Power of Eminent Domain. The procedures provided in Article 9 of Chapter 136 of the General Statutes, as specifically authorized by G.S. 136-66.3(c), shall be applicable to the City in the case of acquisition of lands, easements, privileges, rights-of-way and other interests in real property for any purpose authorized by law through the exercise of the power of eminent domain. The City, when seeking to acquire such property or rights or easements therein or thereto, shall have the right and authority, at its option and election, to use the provisions and procedures as authorized and provided in G.S. 136-66.3(c) and Article 9 of Chapter 136 of the General Statutes for any of such purposes without being limited to streets constituting a part of the State Highway System; provided, however, that the provisions of this section shall not apply with regard to properties owned by public service corporations as defined in G.S. 160A-243(c), unless (1) the exercise of such power of eminent domain is either consented to by the owner of the property to be acquired by the City or (2) it is first adjudicated after notice and a hearing that such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties and the operation by such public service corporation."

Sec. 2. The purpose of this act is to revise the Charter of the City of Lincolnton and to consolidate herein certain acts concerning the property, affairs, and government of the City. 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 City of Lincolnton.

(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 1899, Chapter 369

Private Laws 1901, Chapter 256

Private Laws 1903, Chapter 306

Private Laws 1905, Chapter 298

Private Laws 1907, Chapter 249

Private Laws 1907, Chapter 251

Private Laws 1907, Chapter 340

Private Laws 1907, Chapter 355

Private Laws, Extra Session 1908, Chapter 45

Private Laws 1909, Chapter 374

Private Laws 1911, Chapter 209

Public-Local Laws, Extra Session 1913, Chapter 88

Private Laws 1915, Chapter 283

Private Laws 1915, Chapter 392

Public-Local Laws of 1917, Chapter 227

Private Laws 1921, Chapter 48

Private Laws 1921, Chapter 237

Private Laws, Extra Session 1921, Chapter 50

Private Laws 1923, Chapter 107

Private Laws 1923, Chapter 209

Private Laws, Extra Session 1924, Chapter 16

Private Laws 1927, Chapter 44

Private Laws 1931, Chapter 153

Private Laws 1933, Chapter 33

Private Laws 1935, Chapter 201

Public-Local Laws 1937, Chapter 85

Public-Local Laws 1939, Chapter 33

Public-Local Laws 1941, Chapter 89

Public-Local Laws 1941, Chapter 249

Session Laws 1945, Chapter 197

Session Laws 1949, Chapter 155

Session Laws 1955, Chapter 381

Session Laws 1957, Chapter 698

Session Laws 1963, Chapter 1077

Session Laws 1967, Chapter 131

Session Laws 1967, Chapter 546

Session Laws 1969, Chapter 158

Session Laws 1969, Chapter 198

Session Laws 1969, Chapter 230

Session Laws 1969, Chapter 762

Session Laws 1973, Chapter 209

Session Laws 1973, (2nd Session 1974), Chapter 978

Session Laws 1975, Chapter 416

Session Laws 1977, Chapter 200

Session Laws 1977, Chapter 353

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 City of Lincolnton and all existing rules or regulations of departments or agencies of the City of Lincolnton, 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 City of Lincolnton 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 circumstance 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 nearly 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 11th day of April, 1979.