NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 393

SENATE BILL 512

 

 

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

 

The General Assembly of North Carolina enacts:

 

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

"THE CHARTER OF THE TOWN OF GARLAND.

"ARTICLE I. INCORPORATION, CORPORATE POWERS AND BOUNDARIES.

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

"Section 1.2. Powers. The Town of Garland 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 of Garland 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 of Garland 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. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map of the Town shall be made.

"ARTICLE II. MAYOR AND BOARD OF COMMISSIONERS.

"Section 2.1. Governing Body. The Mayor and Board of Commissioners, 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. Board of Commissioners; Composition; Terms of Office. The Board of Commissioners shall be composed of five members, each of whom shall be elected for terms of four years in the manner provided by Article III of this Charter, provided, they shall serve until their successors are elected and qualified.

"Section 2.3. Election of the Mayor; Term of Office; Duties. The Mayor shall be elected directly by the voters of the Town in the manner provided by Article III of this Charter for a term of two years; provided, the Mayor shall serve until his successor is elected and qualified. The Mayor shall be the official head of the Town government and shall preside at all meetings of the Board of Commissioners. He shall have the right to vote only if there are an equal numbers of votes in the affirmative and the negative on any matter before the Board. The Mayor shall exercise such powers and perform such duties as presently are or hereafter may be conferred upon him by the General Statutes of North Carolina, by this Charter, and by the ordinances of the Town.

"Section 2.4. Mayor Pro Tempore. In accordance with applicable State laws, the Board of Commissioners 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. 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 2.5. Meetings of the Board. In accordance with the General Statutes, the Board of Commissioners shall establish a suitable time and place for its regular meetings. Special meetings may be held according to the applicable provisions of the General Statutes.

"Section 2.6. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or proving of Town ordinances and resolutions shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter.

"ARTICLE III. ELECTIONS.

"Section 3.1. Regular Municipal Elections; Conduct and Method of Election. 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. The Mayor and members of the Board of Commissioners shall be elected according to the nonpartisan plurality method of elections.

"Section 3.2. Election of the Board of Commissioners; Election of Mayor. At the regular municipal elections in 1979 and quadrennially thereafter, there shall be elected three commissioners to fill the seats of those officers whose terms are then expiring. At the regular municipal elections in 1981 and quadrennially thereafter, there shall be elected two commissioners to fill the seats of those commissioners whose terms are then expiring. A mayor shall be elected at each regular municipal election.

"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.

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

"Section 4.2. Town Attorney. The Board of Commissioners 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 against the Town; to advise the Mayor, Board of Commissioners and other Town officials with respect to the affairs of the Town; to draft all legal documents relating to the affairs of the Town; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; to attend meetings of the Board of Commissioners; and to perform other duties required by law or as the Board of Commissioners may direct.

"Section 4.3. Town Clerk. The Board of Commissioners 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 of Commissioners may direct.

"Section 4.4. Town Tax Collector. The Board of Commissioners 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 4.5. Consolidation of Functions. The Board of Commissioners may consolidate any two or more positions of Town Clerk, Town Tax Collector and Town Finance Officer, 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.

"Section 4.6. Other Administrative Officers and Employees. Consistent with applicable State laws, the Board of Commissioners 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. BOARDS AND COMMISSIONS.

"Section 5.1. Board of Alcoholic Beverage Control. (a)  Whereas a majority of the votes cast at a special election authorized by a local act of the 1969 General Assembly were cast 'For Town Alcoholic Beverage Control Stores', it shall be lawful for the Garland Alcoholic Beverage Control Board to establish, maintain and operate such stores within the Town of Garland.

(b)       The Board of Commissioners shall create the Town of Garland Alcoholic Beverage Control Board, to be composed of three members. Members of the Alcoholic Beverage Control Board shall be appointed by the Board of Commissioners. Terms shall be for three years with one member's term expiring in each calendar year. All terms shall begin with the date of appointment and any vacancy on such Board shall be filled by the Board of Commissioners for the unexpired term. Compensation of the members of the Board shall be fixed by the Board of Commissioners. Each year the Board of Commissioners shall name one of the three members of the Alcoholic Beverage Control Board to serve as Chairman for a term of one year. Any vacancy in the office of Chairman shall be filled by the Board of Commissioners for the unexpired term.

(c)       The Town of Garland Alcoholic Beverage Control Board shall have all the powers granted to, and duties imposed upon, county Alcoholic Control Boards by G.S. 18A-17, except the powers contained in G.S. 18A-17(14), and shall be subject to the powers and authority of the State Board of Alcoholic Control as granted by G.S. 18A-15. The Town of Garland Alcoholic Beverage Control Board and the operation of any town Alcoholic Beverage Control stores authorized under the provisions of this section shall be subject to the provisions of the North Carolina General Statutes relating to the regulation of intoxicating liquor, except to the extent which the same, may be in conflict with the provisions of this section. Whenever the word 'county' Board of Alcoholic Beverage Control appears in Chapter 18A of the General Statutes it shall include the Town of Garland Alcoholic Beverage Control Board, except as otherwise provided in this section.

(d)       The net annual revenue from the operation of Alcoholic Beverage Control stores remaining after payment of all costs and operating expenses and after retaining sufficient working capital in an amount determined by the Town of Garland Alcoholic Control Board shall be paid to the Town of Garland. The Board of Commissioners of the Town of Garland shall appropriate for law enforcement purposes an amount not less than five percent (5%) nor more than ten percent of such net annual revenue, and shall assign to one of its police officers the additional duty of enforcing the Alcoholic Beverage Control laws, and in performing such duties, such officers shall have county-wide jurisdiction; provided, that in lieu of assigning such additional duty to one of its police officers, the Board of Commissioners may, in its discretion, appropriate such amount for support of a joint Alcoholic Beverage Control law enforcement effort with any other municipalities in Sampson County, upon such terms and conditions as it deems wise. So much of the net annual revenue then remaining, after such appropriations for law enforcement purposes, may be used for any authorized Town purpose or function. The Town Alcoholic Beverage Control Board may, with the approval of the Board of Commissioners of the Town, appropriate or pay out the funds authorized by this section on a quarterly basis after sufficient working capital has initially been set aside.

"ARTICLE VI. PUBLIC IMPROVEMENTS.

"Section 6.1. Assessments for Street and Sidewalk Improvements; Petition Unnecessary. A.  In addition to any authority which is now or hereafter may be granted by general law to the Town 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 as a fact:

(1)       that the street improvement project does not exceed 2,000 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 improvements, 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 streets in accordance with the street classification and improvement standards established by the Town's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.

C.        For the purpose of this Article, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-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 Town for making sidewalk improvements, the Board 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 Town, 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 of Aldermen 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 Article, the Board 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 Article 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 6.2. 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 Town in the case of acquisition of lands, easements, privileges, rights-of-way and other interests in real property for streets, sewer lines, water lines, electric power lines, and other utility lines in the exercise of the power of eminent domain. The Town, 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(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 Town 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 Town of Garland 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 Garland;

(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:

Chapter 44, Private Laws of 1907

Chapter 121, Private Laws of 1923

Chapter 118, Private Laws of 1933

Chapter 471, Session Laws of 1953

Chapter 243, Session Laws of 1957

Chapter 1024, Session Laws of 1957

Chapter 18, Session Laws of 1961

Chapter 23, Session Laws of 1961

Chapter 144, Session Laws of 1969

Chapter 344, Session Laws of 1973.

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 Town of Garland and all existing rules or regulations of departments or agencies of the Town of Garland, 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 Garland 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.