GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

 

SESSION LAW 2016-66

SENATE BILL 132

 

 

AN ACT to amend the charter of the town of Columbia to extend the term of office for the mayor and clarify that the members of the board of ALDERMEN serve four-year staggered terms AND to authorize the town of hope mills to take IMMEDIATE possession of real property condemned by the town for recreational purposes in connection with the hope mills lake and hope mills lake dam project.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.(a)  Section 4 of the Charter of the Town of Columbia, being Chapter 423 of the Public Laws of 1941, reads as rewritten:

"Sec. 4. Creation, Salary, and Composition of Mayor and Board of Aldermen. Except as otherwise provided in this charter all powers of the town shall be vested in a board of aldermen of five members and a mayor nominated and elected from the town at large in the manner hereinafter provided. The term of office of the mayor and the board of aldermen shall be for two four years and until their successors are elected and qualified,  and shall begin on the first day of July next following their election qualified. The terms of office for the aldermen and mayor shall begin at the first regular meeting in December following their election. If a vacancy occurs in the office of mayor or aldermen, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the board of aldermen. Each member of the board of aldermen shall receive a salary the amount which shall be prescribed by ordinance. No ordinance fixing or changing the salary of members of the board of aldermen shall become effective during the current term of office of members of the board of aldermen enacting such ordinance. Members of the board of aldermen shall be qualified electors of the town. A member of the board of aldermen ceasing to possess any of the qualifications specified in this section, or convicted of crime while in office, shall immediately forfeit his office."

SECTION 1.(b)  Section 12 of the Charter of the Town of Columbia, being Chapter 423 of the Public Laws of 1941, reads as rewritten:

"Sec. 12. Municipal Elections. The regular election for the choice of mayor and the members of the board of aldermen shall be held on Tuesday following the first Monday in May in odd numbered years. The board of aldermen may by resolution order a special election, fix the time for holding the same, and provide all means for holding such special election.Election of Mayor; Election of the Board of Aldermen. The mayor and the members of the board of aldermen shall be elected to four‑year terms by the qualified voters of the entire town. In 2017, and quadrennially thereafter, the regular election for the choice of mayor shall be held on the first Tuesday after the first Monday in November. In 2017, and quadrennially thereafter, a mayor shall be elected separately from the aldermen to a four‑year term. The regular election for the members of the board of aldermen shall be held the first Tuesday after the first Monday in November in odd-numbered years. In 2017, and quadrennially thereafter, members of the board of aldermen shall be elected to Seats 1, 2, and 3 for four‑year terms. In 2019, and quadrennially thereafter, members of the board of aldermen shall be elected to Seats 4 and 5 for four‑year terms."

SECTION 1.(c)  The previous elections in the Town of Columbia since January 1, 1977, are hereby validated, notwithstanding any irregularity in the elections for the members of the board of aldermen and mayor. Further, any and all actions of the board of aldermen of the Town of Columbia since January 1, 1977, are hereby ratified and confirmed, notwithstanding any irregularity in the manner of election.

SECTION 2.(a)  G.S. 40A‑42(a)(1) reads as rewritten:

"(1)      Standard Provision. – When a local public condemnor is acquiring property by condemnation for a purpose set out in G.S. 40A‑3(b)(1), (3), (4) or (7), or when a city is acquiring property for a purpose set out in G.S. 160A‑311(1), (2), (3), (4), (6), or (7), or when a county is acquiring property for a purpose set out in G.S. 153A‑274(1), (2) or (3), or when a local board of education or any combination of local boards of education is acquiring property for any purpose set forth in G.S. 115C‑517, or when a condemnor is acquiring property by condemnation as authorized by G.S. 40A‑3(c)(1), (8), (9), (10), (12), or (13) title to the property and the right to immediate possession shall vest pursuant to this subsection. Unless an action for injunctive relief has been initiated, title to the property specified in the complaint, together with the right to immediate possession thereof, shall vest in the condemnor upon the filing of the complaint and the making of the deposit in accordance with G.S. 40A‑41."

SECTION 2.(b)  This section applies only to the Town of Hope Mills for the taking of property for projects involving or relating to Hope Mills Lake or the Hope Mills Lake dam.

SECTION 2.(c)  This section is effective when it becomes law and expires on July 1, 2019.

SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 1st day of July, 2016.

 

 

                                                                    s/  Tom Apodaca

                                                                         Presiding Officer of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives