NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 121

HOUSE BILL 228

 

 

AN ACT TO AMEND CHAPTER 68 OF THE PRIVATE LAWS OF 1913 RELATING TO THE CHARTER OF THE CITY OF HICKORY IN CATAWBA COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Chapter 68 of the Private Laws of 1913 is hereby amended as follows:

1.         (a)       Article II, Section 7(c), is amended by striking out the word "manager" immediately following the word "city" and immediately preceding the word "to", in line one of said subsection, and inserting in lieu thereof the word "clerk".

(b)       Article II, Section 7(j), is amended by striking out the word "manager" immediately following the word "city" and immediately preceding the word "shall", in line one of said subsection, and inserting in lieu thereof the word "clerk".

(c)       Article II, Section 8, is amended by striking out the word "manager", immediately following the word "city" in line one and immediately preceding the word "shall", in line two of said Section, and inserting in lieu thereof the word "clerk".

(d)       Article II, Section 9, is amended by striking out the word "manager" in lines one, four and twenty-four of said Section, and inserting in lieu thereof the word "clerk".

(e)       Article II, Section 11, is amended by striking out the word "manager" at the end of line six of said Section, and inserting in lieu thereof the word "clerk".

(f)        Article II, Section 17, is amended by striking out the word "manager" at the end of line six of said Section, and inserting in lieu thereof the word "clerk".

2.         (a)       Article IV, Section 10, is amended by striking out the word "manager" immediately following the word "city" and immediately preceding the word "in" in line five of said Section, and inserting in lieu thereof the word "clerk".

(b)       Article IV, Section 13(e), is rewritten to read, "To create, change, consolidate, and abolish offices, departments or agencies other than the offices, departments and agencies established by this charter. The Council by ordinance may assign additional functions or duties to offices, departments or agencies established by this charter, but may not discontinue or assign to any other office, department or agency any function or duties assigned by this charter to a particular office, department or agency."

3.         Article VI, Section 5, is amended by striking out the last sentence of said Section in its entirety.

4.         A new Article, immediately following Article VI, is hereby added to read as follows:

"Article VI-A

"The City Clerk

"Section 1. The council shall elect an officer who shall have the title of city clerk, shall give notice of its meetings, keep a journal of its proceedings and have the power to authenticate by his signature all contracts, licenses and other public documents on behalf of the city. The city clerk shall be custodian of all city records, shall record in full in a book kept for the purpose of all ordinances and resolutions, and shall perform such other duties as shall be required by the council."

5.         Article VIII, Section 1, is rewritten to read, "The street department of the City of Hickory shall be composed of such officers and employees, acting under direction of the city manager, as the city council may deem necessary to execute the duties of the department."

6.         Article VIII, Section 2, is amended by striking out the words "city manager" in line one, and substituting in lieu thereof the words "head of the streets and street department".

7.         Article VIII, Section 3, is amended by striking out the words "city manager" in lines six, seven and nine, and substituting in lieu thereof the words "head of the streets and street department".

8.         Article IX, Section 7, is amended by striking out the words "to collect all fines and penalties imposed and pay the same to the clerk of the municipal court" immediately following the semicolon in line six and immediately preceding the semicolon in line eight of said Section.

9.         Article XII, Section 2, is rewritten to read, "The waterworks and sewerage department of the City of Hickory shall be composed of such officers and employees, acting under direction of the city manager, as the city council may deem necessary to execute the duties of the department".

10.       Article XII, Section 4, is amended by striking out the words "city manager" in line one immediately following the word "The", and substituting in lieu thereof the words "head of the waterworks and sewerage department".

11.       Article XIII, Section 2, is amended by striking out the word "manager" immediately following the word "city" and immediately preceding the word "and" in line five of said Section, and substituting in lieu thereof the word "clerk".

12.       Article XIII, Section 4, is amended by striking out the words "be the" immediately following the word "shall" and immediately preceding the word "purchasing" in line one, and inserting in lieu thereof the words "appoint a".

13.       Article XVII, Section 5(b), is amended by striking out the words "of the city treasurer" immediately following the word "office" in line three and immediately preceding the word "accompanied" in line four of said subsection, and inserting in lieu thereof the word "city", between the words "the" and "office" at the end of line three of said subsection.

14.       Article XVII, Section 10, is amended by striking out the words "the chief of police and daily paid by him to" at the beginning of line eight of said Section.

Sec. 2. All laws and classes of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 24th day of March, 1959.