NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 667

SENATE BILL 354

 

 

AN ACT TO CONTINUE THE INCORPORATION OF THE CITY OF STATESVILLE AND TO CODIFY, AMEND AND CONSOLIDATE THE STATUTES THAT CONSTITUTE THE CHARTER OF THE CITY OF STATESVILLE, AND TO REPEAL CERTAIN ACTS AND PORTIONS OF CERTAIN ACTS CONSTITUTING A PART OF ITS PRESENT CHARTER.

 

The General Assembly of North Carolina do enact:

ARTICLE I. GENERAL

Section 1. CORPORATE NAME. GENERAL POWERS. The inhabitants of the City of Statesville shall be and continue, as they have been a body politic and corporate, and the corporation shall bear the name and style of the "City of Statesville", and have perpetual succession, and under such name and style shall have all the franchises, powers, property and rights of property which now belong to the corporation under any other name or names heretofore, and be subject to all its present liabilities; and by this name may acquire and bold all such estates as may be devised, bequeathed, sold or in any manner conveyed to it, and may from time to time, as it shall be deemed advisable by the proper authorities of the corporation, invest, sell or dispose of the same; and under this name shall have power to contract and be contracted with, to sue and be sued, and shall have all the powers, rights, privileges, franchises and immunities necessary or belonging to or usually appertaining to municipal corporations.

Sec. 2. CORPORATE BOUNDARIES. Beginning at a point in the South margin of Salisbury Road, said point being situated and lying South 80 degrees 38 minutes 56 seconds East 380 feet from the intersection of the South margin of Salisbury Road with the center line of U. S. Highway No. 21 By-Pass; thence North 1 degree 43 minutes 05 seconds East 697.70 feet to a State Highway Right-of-Way Monument in the East margin of U. S. Highway No. 21; thence North 6 degrees 36 minutes 41 seconds West 1365.42 feet to a point, said point being 200 feet East of the eastern margin of U. S. Highway No. 21 By-Pass; thence running parallel with and 200 feet East of U. S. Highway No. 21 By-Pass North 4 degrees 24 minutes 37 seconds East 7099.55 feet to a point; thence North 3 degrees 54 minutes 65 seconds East 309.45 feet to a point and North 2 degrees 36 minutes 08 seconds East 2154-53 feet to a point; thence encompassing the interchange of U. S. Highway No. 21 By-Pass and U. S. Highway No. 64 By-Pass the following courses South 87 degrees 23 minutes 52 seconds East 964.26 feet to a Point; thence North 2 degrees 36 minutes 08 seconds East 2600.00 feet to a point; thence North 87 degrees 23 minutes 52 seconds West 2528.52 feet to a point and thence; South 2 degrees 36 minutes 08 seconds West 1319.16 feet to a point 200 feet North of the North margin of U. S. Highway No. 64 By-Pass; thence running 200 feet North of and parallel to the North margin of U. S. Highway No. 64 By-Pass South 79 degrees 07 minutes 53 seconds West 3136.54 feet to a point in the eastern margin of Old U. S. Highway No. 21; thence with the eastern margin of the Old U. S. Highway No. 21 North 5 degrees 56 minutes 57 seconds East 261.16 feet to a point; thence running 450 feet North of and parallel to U. S. Highway No. 64 By-Pass South 79 degrees 07 minutes 53 seconds West 1148.71 feet to a point; thence South 10 degrees 02 minutes 07 seconds East 250.00 feet to a point, said point being 200 feet North of the North margin of U. S. Highway No. 64 By-Pass; thence running 200 feet North of and parallel to the North margin of U. S. Highway No. 64 By-Pass South 79 degrees 07 minutes 53 seconds West 3302.00 feet to a point; thence South 75 degrees 58 minutes 00 seconds West 1030.13 feet to a point; thence South 72 degrees 49 minutes 57 seconds West 14070.35 feet to a point; thence crossing U. S. Highway No. 64 By-Pass South 17 degrees 10 minutes 01 seconds East 551.00 feet to a point; thence North 80 degrees 01 minute 18 seconds East 1147.83 feet to a point in the South margin of N. C. Highway No. 90; thence with the South margin of N. C. Highway No. 90 South 64 degrees 36 minutes 44 seconds East 2967.49 feet to a point in the South margin of N. C. State Highway No. 90; thence along the South side of the City of Statesville the following courses South 20 degrees 43 minutes 28 seconds West 1205.07 feet to a point; thence South 65 degrees 09 minutes 21 seconds East 1321.38 feet to a point; thence South 81 degrees 32 minutes 36 seconds East 234.50 feet to a point; thence South 20 degrees 12 minutes 46 seconds East 2059.15 feet to a point; thence South 14 degrees 24 minutes 56 seconds West 1804.72 feet to a point; thence South 87 degrees 36 minutes 10 seconds East 2741.03 feet to a point; thence South 48 degrees 51 minutes 00 seconds East 3788.33 feet to a point; thence South 4 degrees 38 minutes 38 seconds West 1625.00 feet to a point; thence South 89 degrees 27 minutes 00 seconds East 1922.95 feet to a point; thence South 52 degrees 58 minutes 38 seconds East 2087.25 feet to a point; thence North 60 degrees 47 minutes 49 seconds East 7892.77 feet to a point on the East side of Wall Street; thence along the East side of Wall Street North 2 degrees 45 minutes 14 seconds East 1777.99 feet to the South margin of Salisbury Road; thence with the South margin of Salisbury Road South 80 degrees 38 minutes 56 seconds East 1551.72 feet to the beginning containing 5910.27 acres or 9.23 square miles.

Sec. 3. GOVERNING BODY. The government of the city and the general management and control of all of its affairs shall be vested in a city council and mayor, which shall be elected as herein set forth and shall exercise its powers in conformity with the provisions of this Act, and the provisions of the general law with reference to the powers and privileges of municipalities wherein no provision has been made in this Act with respect thereto.

Sec. 4. FORM OF GOVERNMENT. The form of government for the City of Statesville shall be as set out in Plan "D", council-manager, of the general law with reference to municipalities and as heretofore adopted by the electorate of the citizens of Statesville, subject to the modifications set forth in this Act.

ARTICLE II. CITY BOARD OF ELECTIONS

Section 1. CREATED; TERM OF OFFICE; APPOINTMENT. There is hereby created a City Board of Elections to consist of three (3) members, no more than two of whom shall be members of the same political party. Said members shall be appointed by a majority vote of, and serve at the pleasure of the city council. The city council shall fill any vacancies that might occur thereon.

Sec. 2. ELECTION OF CHAIRMAN AND SECRETARY. The City Board of Elections shall elect from its members a chairman and a secretary, who shall serve at the pleasure of the Board of Elections.

Sec. 3. PRESENT MEMBERS TO CONTINUE TO SERVE. The present members of the City Board of Elections shall continue to serve until their successors are duly appointed.

Sec. 4. DUTIES. It shall be the duty of the City Board of Elections to conduct all city primary elections, general elections, bond elections, special elections and any and all other elections ordered by the city council; to appoint all election officials necessary to conduct fair elections and perform all other duties required by this Act and the election laws of the State.

ARTICLE III. ELECTIONS; PRIMARY ELECTIONS; SOLE CANDIDATE DECLARED NOMINEE; GENERAL ELECTIONS; ELECTION PROCEDURES VALIDATED

Section 1. ELECTIONS.

(a)       On Tuesday after the first Monday in May biennially commencing in May, one thousand nine hundred sixty-one (1961), there shall be elected a mayor at large, by and from the qualified voters of the entire city and one councilman from each ward, by the qualified voters of the entire city, for a term of two years and until their successors are elected and qualified.

(b)       All candidates to be voted for at all general municipal elections, at which time a mayor, councilmen and/or other elective officers are to be elected under this Article, shall be nominated by a primary election, and no names shall be placed upon the general municipal election ballot except those nominated in such primary in the manner hereinafter prescribed.

Sec. 2. PRIMARY ELECTION.

(a)       The primary election for such nominations shall be held on the fourth Saturday in March preceding all general municipal elections.

(b)       Any elector of the City of Statesville desiring to become a candidate for nomination in the primary for the office of mayor, councilman or any other elective office shall, by 12:00 o'clock noon on the fifteenth (15th) day prior to the primary election day, file with the City Board of Elections notice of such candidacy in writing and in form substantially as follows:

"State of North Carolina

County of Iredell

I, _____________________, being duly qualified elector of the City of Statesville, do hereby give notice that I reside at ___________________________________ in Ward No._______, of the City of Statesville; that I am a candidate for nomination to the office of __________________ to be voted upon at the primary election to be held on the __________ day of _______________, 19______,          and I request that my name be printed upon the official primary ballots for such office.

                                         (Signed)__________________________________________ "

and he shall, at the time of filing said notice, pay to the said City Board of Elections the sum of five dollars ($5.00) to be turned over to the City Treasurer. Each candidate for councilman must be a resident of the ward for which he seeks nomination.

(c)       Within one week following the expiration of the time for filing notice of candidacy the Chairman of the City Board of Elections shall cause to be published for one day in a newspaper of general circulation in the City of Statesville the names of the persons who have filed notices of candidacy as they will appear on the primary ballot.

(d)       The Chairman of the City Board of Elections shall thereupon cause the primary ballots to be printed, authenticated with a facsimile of his signature. Upon the ballot names of the candidates for mayor shall be placed with a square at the left of each name and above the names of the candidates for mayor shall be printed the words, "Vote For One." Following thereunder, the names of the candidates for the office of councilman shall be arranged by wards with a square at the left of each. Above the names of the candidates for councilman shall be printed the instruction to "Vote For Not More Than One From Each Ward." If a voter shall vote for more than one candidate from each ward, such ballot shall not be counted by the election officials in ascertaining the result of such election. A proper provision shall be made for the names of candidates for each other elective office of the city government. The ballots shall be printed upon plain white paper and shall be headed: "Candidates For Nomination of Mayor and Councilmen" and added thereto the names of any other elective office or officers as may now or hereafter be provided by law for the City of Statesville at the primary election. The primary ballot shall contain no party designation or mark whatever as to any of the candidates and shall provide that no voter may vote for more candidates than the respective offices to be filled and if such provision is violated on any ballot, such ballot shall not be counted.

(e)       The City Board of Elections shall cause to be delivered at each polling place, before the primary election, a sufficient number of ballots to supply the voters of the precinct.

(f)        In the municipal primary, the two persons receiving the highest number of votes for mayor and the two persons receiving the highest number of votes for councilman from each ward, shall be declared nominees for said office. In the nomination of candidates for the city school board, the two candidates receiving the highest number of votes cast shall be declared nominated. Provided, that if any person whose name may appear on the ballot a, candidate for mayor shall receive a majority of all the votes cast for the office of mayor, the person so receiving said majority of votes shall be named as the only nominee for said office. Provided, further, that if any one person whose name may appear on the ballot as a candidate for councilman from his respective ward shall receive a majority of all the votes, cast for the office of councilman from his or her respective ward, the person so receiving said majority of votes shall be named as the only nominee for said ward. The nominees for the offices if mayor, city councilmen, members of the city school board or any other elective office or offices as hereinbefore set forth shall be the only nominees who shall be entitled to have their names Placed upon the ballot for the next succeeding general municipal election.

(g)       If, as a result of receiving tie votes in said Primary election, more persons appear to be entitled to be nominated than there can be nominees, then the City Board of Elections shall declare the nominee or nominees.

Sec. 3. SOLE CANDIDATE DECLARED NOMINEE.

In all cases where Only one aspirant for nomination for any municipal elective office shall have filed the notice of candidacy as in this Article required, the City Board of Elections shall upon the expiration of the time fixed for filing such notice, declare such person the nominee for said office and shall place such person's name upon the general election ballot as the nominee for such office.

Sec. 4. GENERAL ELECTION.

(a)       The names of the candidates nominated as herein set forth for mayor, for councilmen, for school board and for such other elective office or offices as may hereinafter be provided by law for the City of Statesville, shall be placed upon the official ballot for the following general municipal election. The City Board of Elections shall cause the ballots to be Printed and they shall be headed: "Nominees for Mayor, Councilmen, Members of the School Board," and such other elective office or offices as may hereinafter be created for the city. There shall be no party mark or designation whatever upon said ballots as to any of the nominees, and said ballot shall provide that no voter shall vote for more candidates than the respective offices to be filled, and if this provision is violated on any ballot such ballot shall not be counted.

(b)       The City Board if Elections shall cause to be delivered at each polling Place a sufficient number of ballots to supply the voters of the precinct.

(c)       The nominee receiving the highest number of votes for mayor, the nominee receiving the highest number of votes for councilman from each ward and the other nominees, equal in number to the respective offices to be filled, receiving the highest number of votes for said office or offices as shown by the canvass by said City Board of Elections shall be declared elected and shall be certified as herein provided.

(d)       If, as a result of receiving tie votes, there appears to be elected more candidates than there are offices to be filled, the City Board of Elections shall declare which candidate or candidates shall be elected.

(e)       In all municipal elections, general and primary, the polls shall be open between the hours of 6:30 A. M. and 6:30 P. M. Eastern Standard Time.

(f)        All municipal primaries or general elections shall be held exclusively under the supervision of the City Board of Elections according to the general election laws as the same may now or hereafter be provided, governing elections of State or county officers; provided, however, in no event may absentee ballots be used in either municipal primaries or municipal elections.

(g)       In all municipal primary and general elections the registration of voters shall be conducted exclusively under the supervision of said City Board of Elections and the same shall be held and conducted in all respects under and according to the laws governing the registration and qualifications of voters in county and State elections as may now be provided or hereafter be enacted; provided, that the registration for both the municipal primary and general election shall begin at nine o'clock A. M. on the fourth Staturday before the municipal primary and end at sunset on the second Saturday before said primary, challenge day being on the Saturday next preceding said primary and there shall be no registration for either primary or general election after such second Saturday before the primary except that if any person shall give satisfactory evidence to the registrar and judges of election that he has become qualified to register and vote after the time for registration has expired he shall be allowed to register on the day of the municipal primary or election.

(h)       In any and all municipal primaries and general elections excepting special bond or tax elections in which a special registration is ordered by the city, said City Board of Elections at the order of the governing body of the City of Statesville, the same city registration books as are now used in city elections with the addition of such names as are properly registered during the said registration period shall be used, and all electors of the City of Statesville properly registered on said city registration books and who are otherwise qualified shall be entitled to vote in said municipal primary and general election.

(i)        All special bond or special tax elections shall be held exclusively under the supervision of the City Board of Elections in the manner provided by law for general State and county elections and the registration therefor, whether general or special, shall be conducted by the City Board of Elections with the same registrars, judges, or their duly appointed successors and polling places and at the same hours provided in the case of general State and county elections. All special, special bond, and special tax elections shall in all other respects be governed by the General Statutes and law of the State of North Carolina applying to such special, special bond or special tax elections.

(j)        The expense of holding said municipal primaries or general elections and any special, special bond, or special tax elections shall be paid by the City of Statesville and there shall be paid to the City Board of Elections and all other election officials or officers the same rate of pay as in the elections of county or State officers or in special county elections.

(k)       It is the intent of this Act that the City Board of Elections shall appoint registrars and judges for all municipal primaries and elections either general or special and for all other elections, prepare and distribute ballots, supervise the conduct of all such elections, and fix polling places as is now conferred on said board by law governing State and county elections, and said board shall canvass the returns of said primaries or elections and certify the results thereof; that it is further the intent and purpose of this Act that only one set of registration books be used in the City of Statesville for all municipal primaries and elections, except when special registration books are required for special, special bond or tax elections.

(l)        Immediately upon the closing of the polls in all primaries and elections the registrars and judges in each precinct shall count the ballots and ascertain the number of votes cast in such precinct for each of the candidates. When the results of the counting of the ballots have been ascertained, such results shall be embodied in duplicate statements to be prepared by the respective registrars and judges on forms provided by the City Board of Elections and certified to by said officers. One of the statements of the voting in the precinct shall be placed in a sealed envelope and delivered to the registrar or judge selected by them for the purpose of delivering the same to the City Board of Elections at its meeting to be held on the second day after the election or primary. The other duplicate statement shall be mailed by one of the other precinct election officers to the Chairman of the City Board of Elections immediately.

(m)      On the second day after such municipal primary or election at ten o'clock A. M. of that day, the said City Board of Elections shall meet at the City Hall in Statesville, North Carolina for the purpose of canvassing the votes cast therein and the preparation of the abstracts thereof. Any registrar or judge appointed to deliver the certified precinct returns who shall fail to deliver such returns at the meeting of the City Board of Elections at the time prescribed shall be guilty of a misdemeanor unless for illness or good cause shown for such failure. In the event any precinct returns have not been received by the City Board of Elections by the time provided or if any returns are incomplete or defective the said City Board of Elections shall have authority to dispatch an officer to the residence of the precinct officials failing to deliver them for the purpose of securing the proper returns for such precinct. The City Board of Elections at their said meeting required to be held as herein set forth in the presence of such electors as choose to attend shall open the returns and canvass and judicially determine the results of the voting in such primary or election, stating the number of legal ballots cast in each precinct for each candidate, the name of each person voted for and the number of votes given to each person for each different office. The City Board of Elections shall make and sign duplicate abstracts thereof and the Chairman of the City Board of Elections shall sign an affidavit on each of said duplicate abstracts of the returns of the municipal primary or election that they are true and correct. At or before nine o'clock on the third day after such primary or election, the City Board of Elections shall file one set of the duplicate returns of the registrars and judges and one of the duplicate abstracts of the City Board of Elections with the Clerk of the City of Statesville. Not later than the fourth day after the said municipal primary or election the City Board of Elections shall make and publish in some newspaper of general circulation in the City of Statesville at least once the returns of the primary or election and also post written notice of such results in the Courthouse of Iredell County, North Carolina, at the place where notices are usually posted, in the City Hall of Statesville, North Carolina, at the place where notices are usually posted. If the said City Board of Elections shall deem it necessary it may appoint special counters to assist the registrars and judges in counting the ballots cast in any municipal primary or election in any precinct; such special counters before acting shall be sworn by a member of the City Board of Elections or by the registrar of the precinct to perform their duties honestly and properly.

Sec. 5. CONFLICT. Where any conflict arises between the provisions of this Article and the general laws of the State of North Carolina, the provisions of this Article shall prevail.

Sec. 6. ELECTION PROCEDURES VALIDATED. Notwithstanding any failure to fully comply with the statutes governing the calling and conduct of municipal elections, all municipal elections, both general and special, heretofore held in the City of Statesville in Iredell County, are hereby validated in all respects, and all municipal officials chosen in any such election are hereby declared duly elected to their respective positions, and all their official acts are hereby confirmed and validated as fully and completely as if there had been full compliance with all requirements of law in respect to any such election.

ARTICLE IV. WARDS; COUNTY ELECTION PRECINCTS

Section 1. DIVISION INTO SIX WARDS. The City of Statesville shall be divided into six wards as follows:

Ward 1. All of that part of the territory included in the boundaries set out in Article I, Section 2 of the City Charter, as amended or as may be amended, lying North of East Broad Street and East of North Center Street.

Ward 2. All of that part of the territory included in the boundaries set out in Article I, Section 2 of the City Charter, as amended or as may be amended, lying South of East Broad Street and East of South Center Street and the AT&O or Southern Railroad running South.

Ward 3. All of that part of the territory included in boundaries set out in Article I, Section 2 of the City Charter, as amended or as may be amended, lying in the following boundary: Beginning at the intersection of Center Street and Broad Street; thence on South Center Street to its intersection with the main line of the Southern Railway; thence in a westerly direction with the main line of Southern Railway to the city limits; thence with the city limits in a northwesterly direction to its intersection with South Lackey Street; thence on South Lackey Street in a northerly direction to its intersection with West Front Street; thence on West Front Street, East to Buena Vista Street; thence in a northerly direction one block on Buena Vista Street to Cherry Street; thence on Cherry Street to the East end of Cherry Street and continuing in an easterly direction across the grounds of Mitchell College to West Broad Street; thence with West Broad Street in an easterly direction to the intersection of Broad Street and Center Street, the point of beginning.

Ward 4. All of that part of the territory included in the boundaries set out in Article I, Section 2 of the City Charter, as amended or as may be amended, lying in the following boundary: Beginning at the intersection of Center Street with Broad Street, the public square, and thence on North Center Street to its intersection with North Race Street; thence on North Race Street in a southerly direction to its intersection with Mitchell Avenue; thence on Mitchell Avenue one block West to its intersection with Glendale Drive; thence on Glendale Drive and North Lackey Street in a southerly direction to its intersection with West Front Street; thence on West Front Street to its intersection with Buena Vista Street; thence on Buena Vista Street one block to its intersection with Cherry Street; thence on Cherry Street to the East end of Cherry Street and continuing in an easterly direction across the ground of Mitchell College to West Broad Street; thence with West Broad Street in an easterly direction to the intersection of Broad Street and Center Street, the point of beginning.

Ward 5. All of that part of the territory including in the boundaries set out in Article I, Section 2 of the City Charter, as amended or as may be amended, lying West of the following boundary: Beginning at the intersection of South Lackey Street and the city limits; thence on South Lackey Street to West Front Street; thence on North Lackey Street and Glendale Drive to Mitchell Avenue; thence on Mitchell Avenue to North Race Street; thence on North Race Street to its intersection with North Center Street; thence with North Center Street in a northwesterly direction to the city limits.

Ward 6. All of that part of the territory included in the boundaries set out in Article I, Section 2 of the City Charter, as amended or as may be amended, lying South of the main line of the Southern Railway running westwardly and West of the Charlotte Branch of the Southern Railroad running southwardly.

Sec. 2. ELECTION PRECINCTS ESTABLISHED.

(a)       The Board of Elections of Iredell County is directed to establish election precincts within the corporate limits of the City of Statesville which will be coterminous with the boundaries of the wards of said city which are now or may hereafter be established by law.

(b)       The Board of Elections of Iredell County shall designate as the polling place in each precinct the place in such precinct used as the ward polling place in the last municipal election or any other public building available therefor

ARTICLE V. MAYOR AND COUNCIL

Section 1. PRESENT OFFICERS CONTINUED. The present Mayor and City Council of the City of Statesville shall be, and continue as they have in the past, the governing body of said City of Statesville, until their successors are elected and qualified as provided in this Act.

Sec. 2. NUMBER OF COUNCILMEN; POWER OF COUNCIL. The City Council of the City of Statesville shall be composed of six members, one of whom shall be elected from each of the six wards of the city by the qualified voters of the said city. The councilmen so elected shall form one council and the majority of the council, duly assembled, shall be competent to perform all the duties prescribed in this Act.

Sec. 3. EXERCISE OF POWERS. All of the corporate powers conferred upon the City of Statesville shall be exercised by the city council of said city, subject to the provisions of this Act and consistent with the powers herein granted and those enumerated in the General Statutes of North Carolina appertaining to the municipalities now in force or as may be hereafter amended.

Sec. 4. OATH OF MAYOR AND COUNCILMEN. At said first meeting the mayor and councilmen shall take an oath to support the Constitution of the United States and the laws made pursuant thereto, to support the Constitution of the State of North Carolina and the laws enacted by the General Assembly of said State not inconsistent with the Constitution of the United States, and to discharge the duties imposed upon them by virtue of their said office to the best of their ability. The said oath shall be administered by a judge, a justice of the peace, retiring mayor or by the Clerk of the Superior Court of Iredell County.

Sec. 5. MAYOR TO PRESIDE AT MEETINGS OF COUNCIL; VOTE; COMPENSATION; MAYOR PRO TEMPORE. The Mayor of the City of Statesville, in addition to any other duties which may be enumerated by this Act, shall preside at the meetings of the city council when he is present, and when there is an equal division upon any question or in the election or appointment of officers by the council, he shall determine the matter by his vote; he shall vote in no other case. The mayor shall be allowed a reasonable salary, to be fixed by the city council. The council shall appoint one of their number mayor pro tempore to exercise the functions of mayor, whenever said officer is absent or unable for any cause to discharge the duties of his office.

Sec. 6. RULES OF PROCEDURE; COMPULSION OF ATTENDANCE; POWER TO FILL VACANCIES. The city council shall determine its own rules of procedure and shall compel the attendance of its members. Upon demand of any member, the ayes and nays shall be taken upon the passage of all ordinances, resolutions or other measures and enter upon the minute book of the city council. They shall have power to fill all vacancies occurring in their council and shall also have power to fill a vacancy in the office of mayor.

Sec. 7. VACANCIES IN OFFICE OF MAYOR AND COUNCILMEN; PROCEDURE. If any vacancy should occur in the office of mayor or councilman in the City of Statesville, the city council, before filling such vacancy, shall give public notice of the same in some newspaper published in the City of Statesville at least fifteen (15) days before the date fixed for the filling of said vacancy or vacancies. The election to fill said vacancy or vacancies shall be held by the city council between the hours of nine A. M. and five P. M. of the day fixed for such election.

The person or persons, so elected, shall hold said office or offices until the next general municipal election and until their successors, elected at such election, shall qualify.

Sec. 8. REGULAR MEETINGS; OPEN TO PUBLIC; COMPENSATION OF COUNCILMEN. It shall be the duty of the city council to meet at 7:30 P. M. on Monday night following their election, at the place where their predecessors met, and thereafter shall hold regular meetings twice in each month at such hour and place as they may select, and continue in session until all business of the council shall be disposed of, provided, however, that such regular meetings shall be established by ordinance and further, provided, that prior to the final adoption of an ordinance establishing such regular meetings, notice thereof shall be published in some newspaper having a general circulation throughout the City of Statesville, which notice shall be so published at least once, not more than thirty (30) days nor less than ten (10) days, prior to the final adoption of said ordinance. All legislative business of the council shall be transacted in meetings, and shall be open to the public. Each councilman of said city shall receive fifteen dollars ($15.00) for every regular or special meeting attended by said councilman but in no event shall any councilman receive compensation of more than six hundred dollars ($600.00) per year.

Sec. 9. SPECIAL MEETINGS OF THE CITY COUNCIL; NOTICE. Special meetings of the city council may be held on the call of the mayor or a majority of the councilmen, and at every such meeting when called by the mayor, all councilmen then in the city shall be notified, and on the call of a majority of the councilmen, such as do not join in the call and the mayor shall be notified.

Sec. 10. MAYOR AND COUNCILMEN INELIGIBLE FOR OTHER OFFICE OR EMPLOYMENT. Neither the mayor nor any member of the city council shall hold any other municipal public office or employment during the term for which he was elected, compensation for which is paid out of the public moneys of the city nor be entitled or appointed to any office created by or the compensation of which was increased or fixed by the city council, while he was a member thereof.

Sec. 11. COUNCILMAN MOVING FROM WARD; OFFICE VACATED. Should any councilman move his place of residence from the ward in which he was elected, to another ward in the city, his office shall be declared vacant and the remaining members of the council shall proceed to elect a councilman to fill the unexpired term as provided in this Act.

ARTICLE VI. ORDINANCES

Section 1. PASSAGE OF ORDINANCES; PUBLIC EMERGENCY; FRANCHISE OR SPECIAL PRIVILEGE. No ordinance shall be passed upon the date of its introduction except it be a cause of public emergency. In case of public emergency, an ordinance may be adopted on the date of its introduction; provided, it be passed by a unanimous vote of all councilmen present. All ordinances except in cases of public emergency shall be introduced at a regular meeting and shall stand for passage at the next regular meeting of the council; provided, that no ordinance making a grant of any franchise or special privilege, except resolutions granting taxicab franchises, or any ordinance amending or extending such grant made prior thereto shall ever be passed on the date of its introduction and in no event until notice by advertisement in some newspaper publication in the City of Statesville for four weeks shall have been given by the beneficiary of said ordinance or by the city to the public, that such ordinance has been introduced and that its passage will be asked for at the next regular meeting of the council. Any such ordinance passed in any other manner than is herein provided shall be null and void.

Sec. 2. PUBLICATION OF ORDINANCES. The City of Statesville is not required to publish or advertise any ordinance either before or after passage,, except those specifically required to be so published or advertised in the general laws of the State of North Carolina or elsewhere in this Act.

Sec. 3. AUTHORIZATION FOR THE CITY OF STATESVILLE TO INCORPORATE BY REFERENCE, IN ORDINANCES, THE PROVISIONS OF TECHNICAL CODES, PUBLIC RECORDS, MAPS OR PLATS, CITY CODE OF ORDINANCES.

(a)       Adoption of Codes, Public Records, Maps or Plats by Reference: The City of Statesville is hereby authorized to adopt by reference the provisions of any code or portions of any code as herein defined, without setting forth the provisions of such codes in full; provided, that at least three copies of such code which is incorporated or adopted by reference in any ordinance are filed in the office of the city clerk and there kept available for public use, inspection and examination. The City of Statesville is likewise authorized and empowered to adopt by reference the provisions of any public records, maps or plats; provided, likewise, that three copies of such public records, maps, or plats are kept on file in the office of the city clerk as provided above for codes. The filing requirement herein prescribed shall not be deemed to be complied with unless the required copies of such code, public record, map or plat are filed with the city clerk for a period of ten (10) days prior to adoption of the ordinance which incorporates such code, public record, map or plat by reference.

(b)       Definitions: As used in the text above, the following terms shall have the meanings indicated as follows, unless the context otherwise requires:

1. "Code" shall mean and include any published compilation of rules and regulations which have been prepared by various technical trade associations, agencies or departments of the State of North Carolina, and shall include specifically, but shall not be limited to, building codes; plumbing codes; electrical wiring codes; fire prevention codes; traffic codes; inflammable liquids codes, gas codes, heat and air-conditioning codes, together with any other codes which embraces rules and regulations pertinent to a subject which is a proper municipal legislative matter;

2. "Public Records" shall mean and include any municipal, State or Federal statute, rule or regulation adopted prior to the exercise by the City of Statesville of the authority to incorporate by reference herein granted; provided, however, that this definition shall not include the municipal ordinances, rules or regulations of any municipality except those of the City of Statesville nor shall this definition include the State laws, rules and regulations of any state other than the State of North Carolina;

3. "Map" or "Plat" shall mean any map or plat recorded in the office of the Register of Deeds of Iredell County, North Carolina or on file in the office of the City Clerk of the City of Statesville, North Carolina;

4. "Published" shall mean printed, lithographed, multigraphed, mimeographed, or otherwise reproduced.

(c)       Notice and Public Hearing Prior to Adopting of Ordinance: The City of Statesville shall cause to be published in a newspaper published in Iredell County, North Carolina a notice notifying the citizens of said city that an ordinance has been proposed which adopts by reference such code, public record, map, or plat and in general the contents of such ordinance, which notice shall be run once in such newspaper not more than 10 days prior to the introduction and first reading of said ordinance notifying the public that a public hearing will be had on the proposed adoption of such ordinance and giving to the public an opportunity to be heard on such proposal before any action is taken thereon.

(d)       Publication of Adopting Ordinance: After an ordinance has been passed by the City of Statesville which adopts such code, public record, map or plat, the city shall cause to be published in some newspaper published in Iredell County, North Carolina, the ordinance in full which adopts such code, public record, map or plat by reference; provided, however, that it shall not be necessary to publish the material adopted by reference but rather the adopting ordinance only, and no such ordinance shall be effective until such publication shall have been completed.

(e)       Adoption of Penalty Clauses by Reference Prohibited: Nothing contained herein shall be deemed to permit the adoption of penalty clauses by reference which may be established in the code or public record, which is being incorporated by reference, and such penalty clauses shall be set forth in full in the adopted ordinance and be published along with and in the same manner as the adopting ordinance is required to be published.

(f)        Amendments to Codes, Public Records, Maps or Plats; Any amendment which may be made to any code, public record, map or plat incorporated by reference by the City of Statesville hereunder may be likewise adopted by reference; provided, that the required number of amended or corrected copies are filed with the clerk of said city for inspection, use and examination by the public. Ordinances adopting amendments by reference shall be required to be published in the same manner as other ordinances relating to adoption of materials by reference and the requirement as to prior filing before passage shall apply likewise to amendments.

(g)       Ratification of Previous Adoptions By Reference: Any ordinance which has heretofore been adopted by the City of Statesville incorporating any code, public rcord, map or plat by reference thereto shall not be required to be re-enacted or re-adopted by reason of this Act, and all previous incorporations by reference are hereby ratified and declared effective; provided, however, that the requisite number of copies are forthwith filed with the clerk of the city if they have not already been so filed.

(h)       Adoption of City Code by Reference: The City of Statesville at the time of the adoption of this Act has contracted with the Municipal Code Corporation, Tallahassee, Florida, to codify, consolidate, compile and revise its present city code of ordinances, of a general and permanent nature, and the City of Statesville is hereby authorized and empowered to adopt said new code of ordinances by reference at any time prior to the 31st day of December, 1960.

Sec. 4. PLEADING ORDINANCES; ADMISSION IN EVIDENCE.

In all judicial proceedings, it shall be sufficient to plead any ordinance of said city by the caption thereof, or by the number of the section of the city code. All printed ordinances or codes of ordinances published in book form by authority of the city council shall be admitted in evidence in all courts.

ARTICLE VII. RECALL OF ELECTED OFFICIALS

Section 1. HOLDER OF ELECTED OFFICE MAY BE REMOVED BY QUALIFIED VOTERS. The holder of any elective office serving in the municipal government of the City of Statesville, North Carolina, may be removed at any time by the electors qualified to vote for a successor of such incumbent.

Sec. 2. THE PROCEDURE TO EFFECT THE REMOVAL OF AN INCUMBENT OF AN ELECTIVE OFFICE.

(a)       A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least twenty-five per centum (25%) of the entire vote for all candidates for the office of mayor cast at the last preceding general election, demanding an election of a successor of the person sought to be removed, shall be filed with the clerk; which petition shall contain a general statement of the ground for which the removal is sought. The signatures to the petition need not all be appended to one, paper, but each signer shall add to his or her signature his or her place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true, as he believes, and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

(b)       Within ten (10) days from the date of filing of such petition the city clerk shall examine and from the voters' register ascertain whether or not the petition is signed by the requisite number of qualified electors, and he shall attach to the petition his certificate, showing the results of such examination. If by the clerk's certificate it is shown to be insufficient, it may be amended within ten (10) days from the date of the certificate. The clerk shall, within ten (10) days after such amendment, make a like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same; without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be deemed to be sufficient, the clerk shall submit the same to the city council without delay.

(c)       If the petition shall be found to be sufficient, the city council shall order and fix a date for holding a primary, as provided in cases preceding regular elections, the primary to be held not less than ten (10) days or more than twenty (20) days from the date of the clerk's certificate to the city council that a sufficient petition is filed. If in the primary election any candidate receives a majority of all the votes cast, he shall be declared to be elected to fill out the remainder of the term of the officer who is sought to be recalled. If there be more than two candidates in such primary and no one receives a majority of all the votes cast therein, then there shall be an election held within twenty (20) days from the date of the primary, at which election the two candidates receiving the highest vote in the primary shall be voted for. Candidates' names shall be placed on the ticket in the primary and election held, and the results canvassed, under the same rules, conditions, and regulations as are prescribed for the primaries preceding regular elections. The city council shall make or cause to be made publication for ten (10) days' notice and all arrangements for holding such elections, and the same shall be conducted, returned, and the results thereof declared in all respects as other city elections.

Sec. 3. SUCCESSOR IN OFFICE. The successor of any officer so removed shall hold office during the unexpired term of his or her predecessor. Any person sought to be removed may be a candidate to succeed himself, and unless he or she requests otherwise in writing, the clerk shall place his or her name on the official ballot without nomination. At such elections, if some other person than the incumbent is elected the incumbent shall thereupon be deemed removed from the office upon qualification of his successor.

Sec. 4. FAILURE TO QUALIFY; ELECTION BY COUNCIL. In case the party elected should fail to qualify within ten (10) days after receiving notification of election, the office shall be deemed vacant, and in that event the unexpired term shall be filled by election by the city council, but the councilman removed shall not be eligible to election by the council, and the person so elected by the council shall be subject to recall as other councilmen. If the incumbent received a majority of the votes in the primary election he shall continue his office.

Sec. 5. RIGHT OF RECALL OF SUCCESSOR. Such method of removal shall be cumulative and additional to any other method provided by law. In the event any officer is recalled and any person is elected as his successor, the right of recall of such successor so elected shall be as in case of an officer originally elected.

ARTICLE VIII. MAYOR'S COURT

Section 1. JURISDICTION; PROCEEDINGS; RIGHT OF APPEAL. The mayor of the City of Statesville, while acting as such, is hereby constituted an official court, with all jurisdiction and powers in criminal offenses occurring within the limits of said city, which now or may hereafter be given by law to justices of the peace, and shall also have jurisdiction to hear and determine all violations of the ordinances of said city. The proceedings in said court shall be the same as are now or hereafter may be prescribed for courts of justices of the peace, and in all cases there shall be the right of appeal.

Sec. 2. ASSISTANT JUDGE AUTHORIZED.

(a)       The Governing Body of the City of Statesville is hereby authorized to appoint an Assistant Judge of the Mayor's Court of the City of Statesville to serve at the pleasure of said governing body and to be paid such salary as the governing body, in its discretion, may fix.

(b)       The assistant judge provided for in this Article shall have the same jurisdiction, powers and duties with respect to the Mayor's Court of the City of Statesville as the mayor has, and he shall hold court at such times as the governing body may direct.

(c)       Whenever any defendant in any criminal action is taxed with the costs in said Mayor's Court of the City of Statesville, there shall also be taxed in such bill of costs a fee of one dollar ($1.00) in addition to all other costs now provided by law, which costs shall be paid into the treasury of the City of Statesville to partially reimburse said city for the expense involved in paying the assistant judge's compensation.

Sec. 3. RECORDS TO BE KEPT; FORCE OF JUDGMENTS; COSTS. The mayor shall keep or cause to be kept, a faithful minute of the precepts issued by him and his action thereon. The judgments rendered by him shall have all the force, virtue and validity of judgments rendered by a justice of the peace, and may be executed and enforced against the parties in the same manner and by the same means as if the same had been rendered by a justice of the peace. In every criminal case tried in the Mayor's Court of the City of Statesville there shall be taxed by the clerk thereof as costs to be paid by the defendant, when convicted, the sum of four dollars ($4.00) as the mayor's fees, the sum of two dollars ($2.00) as the arrest fee, the sum of fifty cents (50¢) as the fee for issuing of warrant, the sum of fifty cents (50¢) as clerk's fee, and in addition thereto, the sum of fifty-five cents (55¢) per diem for a jail fee, if the defendant has been confined to jail, and the sum of sixty cents (60¢) for the turnkey fee, also if the defendant has been confined to jail, and other fees, not covered herein, shall be the same as now allowed, or which may hereafter be allowed, in trials before justices of the peace, but all costs so collected in the mayor's court shall be paid into the city treasury; provided, however, that in case of an appeal to the county recorder's court, or in the event that the defendant is bound over to the county recorder's court, or in the event that the defendant is bound over to the Superior Court, when defendant is convicted and no costs are collected, the county shall pay only one dollar and seventy-five cents ($1.75) as costs to the mayor's court.

Sec. 4. ISSUANCE OF PRECEPTS. The mayor may issue his precepts to the chief of police or other lawful officer of the City of Statesville or of the County of Iredell.

Sec. 5. JURISDICTION OF MAYOR'S COURT AUTHORIZED TO BE CONFERRED ON COUNTY RECORDER'S COURT. The City Council of the City of Statesville and the Board of Commissioners of the County of Iredell shall have the power, by joint resolution at a joint meeting of the two bodies, to take away from the Mayor's Court of the City of Statesville all jurisdiction it now exercises and confer such jurisdiction on the Recorder's Court of Iredell County, heretofore established under the general law. After the adoption of such joint resolution, a majority of each board concurring therein, the Recorder's Court of Iredell County shall possess all the powers and functions and exercise all the territorial jurisdiction heretofore exercised by the Mayor's Court of the City of Statesville, which shall be in addition to the powers and functions now exercised by said Recorder's Court of Iredell County.

ARTICLE IX. CITY MANAGER

Section 1. APPOINTMENT. At the first meetings of the city council after their election or as soon thereafter as practicable, the council shall appoint a city manager, and he shall serve at the pleasure of the council.

Sec. 2. QUALIFICATIONS. The city manager shall be chosen by the city council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a resident of the city or State, but during his tenure of office he shall reside within the city.

Sec. 3. SALARY; TRANSPORTATION. The city manager's salary shall be fixed by the city council and he shall be provided with adequate transportation, at the expense of the city, or be paid a reasonable car allowance, in lieu thereof, as may be determined by the city council.

Sec. 4. POWERS AND DUTIES. The city manager shall be the administrative head of the city government. He shall be responsible to the city council for the proper administration of all affairs of the city and to that end he shall have power and shall be required to:

(a)       Appoint and, when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this Act.

(b)       Prepare the budget annually and submit same to the council and be responsible for its administration after adoption.

(c)       See that within the city the laws of the State and the ordinances, resolutions and regulations of the council are faithfully executed.

(d)       Attend all meetings of the council and recommend for adoption such measures as he shall deem expedient.

(e)       Make reports to the council from time to time upon the affairs of the city; keep the council advised of the financial condition and future needs.

(f)        Countersign all checks for the disbursement of city funds.

(g)       Perform such other duties as may be prescribed by this Act or required of him by the council, not inconsistent with this Act.

ARTICLE X. CITY ATTORNEY

Section 1. At the first meeting of the city council after their election, or as soon thereafter as practicable, the council shall appoint a city attorney, who shall serve at the pleasure of the city council and at a compensation to be fixed by the council; provided, however, that should the city council deem it advisable it may employ either one or two, but not more than two, such attorneys. Nothing herein contained shall prevent any city attorney from being a member of a firm of attorneys.

(a)       The city attorney, or attorneys, shall be an attorney or attorneys-at-law who shall be licensed to practice in this State.

(b)       The duties of the city attorney or city attorneys shall be as follows: To prosecute or defend all suits at law or in equity wherein the City of Statesville may become the plaintiff or defendant in said suit; to attend all meetings of the city council; to represent the city in all legal proceedings; to render advisory opinions to the city council, city manager, and to the heads of departments; to perform all services incident to his position as may be required by statute, by this Act, by ordinance, or any other service of legal nature when requested to do so by the city council.

ARTICLE XI. CITY CLERK

Section 1. At the first meeting of the city council after their election or as soon thereafter as practicable, the council shall appoint a city clerk, who shall serve at the pleasure of the city council and at a compensation to be fixed by the city council, and who may be required to give bond in such amount and with such surety as ordered by the city council and whose duties shall be as follows:

(a)       The city clerk shall act as clerk of the city council and such other boards and commissions as may be provided in this Act, and by ordinance, and shall keep the minutes and records thereof and shall be the custodian of all minute books of the proceedings of said city council and such boards and commissions.

(b)       The city clerk shall be the custodian of all written claims and demands made upon said city arising out of tort actions.

(c)       The city clerk shall be the custodian of all signed petitions with reference to public improvement, condemnation proceedings, and all contracts made and entered into by the city and all notices and affidavits of the publishers with reference to the publication of ordinances, budgets or other legal advertisements required to be made by the city.

(d)       The city clerk shall be the custodian of the official seal of said city and shall attest and affix said official seal to all documents or instruments of said city required to be so attested and sealed.

(e)       The city clerk shall be custodial of all bonds required by ordinance, contract or by law to be executed and deposited with said city.

(f)        The city clerk shall perform such other duties as may be required by the city council or the city manager.

(g)       The city council may combine the position of the city clerk with any other office or offices that it sees fit, vesting in the person holding such combined office or offices the powers and duties of all offices.

(h)       The city council may elect an assistant city clerk who shall be sworn to the faithful discharge of his or her duties and may act as clerk in the absence of the city clerk, and shall be vested with all of the powers and duties hereinabove set out pertaining to the city clerk.

ARTICLE XII. CITY TREASURER

Section 1. At the first meeting of the city council after their election or as soon thereafter as practicable, the city council shall appoint a city treasurer who shall serve at the pleasure of the council and who shall give bond in such amount as may be required, by the council, and who shall receive such compensation for his services as may be fixed by the council and whose duties shall be as follows:

(a)       He shall be custodian of all funds of the City of Statesville and shall cause to be kept a proper record recording the source from which said funds are derived and shall disburse the same in accordance with due authority given by the city council.

(b)       He shall see and require that all departments of the City of Statesville which receive funds for said city make regular deposits of same to the credit of the city in a depository approved and designated by the city council and shall require deposit slips be presented to him by an official head of each of said departments upon the same day on which the deposit is made.

(c)       He shall sign all checks issued for the disbursement of funds of the city.

(d)       He shall execute all notes, bonds or other evidences of indebtedness for the City of Statesville where the same are required by private or public law to be executed by the city treasurer.

(e)       He shall assist the city manager in the preparation of the budget of the City of Statesville and shall advise with him and with the city council upon the finances and issuances of bonds and other obligations of the city.

((f)      He shall submit to the city council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city.

(g)       He shall attend to all duties required of him as treasurer of boards or commissions connected with the city government under and pursuant to the provisions of this Act, or as may be required of him by ordinances or laws hereafter enacted.

(h)       He shall perform such other duties as may be required by the city council or the city manager.

(i)        The council may combine the position of the City treasurer with any other office or offices that it shall see fit, vesting in the person holding such combined office or offices the powers and duties of all offices.

ARTICLE XIII. TAX COLLECTOR

Section 1. At the first meeting of the city council after their election or as soon thereafter as practicable, the city council shall appoint a tax collector who shall serve at the pleasure of the council, and who shall give bond in such amount as may be required by the council, and who shall receive such compensation for his services as may be fixed by the council and whose duties shall be as follows:

(a)       He shall collect ad valorem taxes on real and personal property, street assessments, benefits assessed in condemnation proceedings, auto license tags, dog licenses, and all other taxes of any nature or kind, privilege or otherwise specified. He shall keep a true and accurate account thereof and shall allocate the moneys received by him to the respective accounts designated in the levy of such tax assessments and shall deposit such funds in a depository, or depositories, designated by the city council for the deposit of such funds.

(b)       He shall be the custodian of the tax books and records, together with all tax sale certificates, street assessment books and records, and all moneys coming into his hands until the same have been duly deposited in the depository, or depositories, named by the city council.

(c)       On or before the first Monday in October, and annually thereafter, the city council shall place or cause to be placed in the hands of the city tax collector the tax receipts, stubs and scroll with an order directing the tax collector to collect said taxes, which order shall have the force and effect of a judgment and execution against the property, real and personal, charged in the tax scroll and receipts and said order shall be in full and sufficient authority to direct, require and enable the tax collector to levy on and sell any real or personal property of such for and on account thereof, in accordance to law.

(d)       He shall perform such other duties as may be imposed upon him by the city council and those which may be now or hereafter required of tax collectors by the general laws of the State of North Carolina.

(e)       The tax collector shall perform such other duties as may be required by the city council or the city manager.

(f)        The council may combine the position of tax collector with any other office or offices that it shall see fit, vesting in the person holding such combined office or offices the powers and duties of all offices.

Sec. 2. The collection hereafter made of all ad valorem taxes levied by the governing body of the City of Statesville, which at the beginning of any fiscal year were due and payable two years or more prior to the beginning of the fiscal year, shall accrue to the benefit of, and be deposited in the general fund of the City of Statesville.

ARTICLE XIV. POLICE

Section 1. POWERS AND DUTIES GENERALLY. The city council shall regulate and make rules for the police force of the city. The chief of police and his assistants shall preserve the peace by the suppression of all disturbances and the apprehension of all offenders, and they shall have the power to summon as many persons as they may deem necessary to assist in the performances of said duties.

Sec. 2. AUTHORITY; EXTENSION OF POLICE POWER ONE MILE BEYOND CORPORATE LIMITS. Any member of the police force of the City of Statesville acting as such shall have all the authority for the suppression of crime or the apprehension of criminals and be granted all immunities while so engaged as the State of North Carolina bestows upon the sheriffs of the various counties.

The chief of police and each and every member of the police force shall have and they are hereby given full right, power and authority to execute process of all sorts and kinds, and to make arrest without warrant in the territory extending one mile in every direction from the corporate limits of the municipality, in the same manner and to the same extent as they are or may be authorized so to do within the corporate limits of the municipality.

Sec. 3. AUTHORITY TO ISSUE WARRANTS. Every police officer of the rank of sergeant or of higher rank, of the City of Statesville, who is assigned to day or night duty as the desk officer, in the police department in the City of Statesville, shall have the power and authority to issue warrants for the arrest of all persons charged with the commission of any offense within the corporate limits of the City of Statesville or within a distance of one mile thereof, in the same manner and under the same conditions subject to the same restrictions as set out in Article 3, Chapter 15 of the General Statutes of North Carolina as amended, relating to warrants, and may fix the amount of and accept appearance bonds.

Sec. 4. POLICE TO SERVE ALL CIVIL PROCESSES. It shall be lawful for the policemen to serve all civil processes or notices that may be directed to them by the mayor or by any court under the same regulations and penalties as are now or may be prescribed by law in the case of constables.

Sec. 5. COMPENSATION OF POLICE; FEES TO INURE TO CITY. The compensation of said chief of police and his assistants shall receive such sums as the city council may determine, and all fees collected by either of them for services rendered in any court shall be turned into the treasury of said city.

Sec. 6. BOND OF CHIEF OF POLICE. The chief of police shall give a bond with approved sureties, in a sum to be fixed by the city council and payable to the City of Statesville, conditioned to diligently perform all duties imposed upon him by virtue of his office and to faithfully pay over all sums of money collected or received by him for the use of the city.

ARTICLE XV. FIRE DEPARTMENT

Section 1. FIRE PROTECTION; AUTHORITY IN ARRESTING FIRES GENERALLY. Authority is hereby conferred, subject to the provisions of this Act, to make provision for the protection of the lives and property of the people against loss or damage by fire. In case of fire, the mayor or the person exercising the duties of chief of the fire department may order the blowing up, pulling down or destruction of any house or houses in his judgment necessary for the prevention of the spread of fire, and no person shall be held civilly or criminally liable for giving or obeying such order.

Sec. 2. AUTHORITY TO MAKE ARREST DURING FIRES. Any policeman or the chief of the fire department or any person designated by him or by the mayor, shall have power and is hereby authorized to make arrests during fires for any interference with or obstruction of the operations of the firemen in the performance of their duties.

Sec. 3. RIGHT OF WAY OF APPARATUS; INTERFERENCE WITH APPARATUS OR FIREMEN; PENALTY. In the event of an alarm of fire, the fire apparatus of the city shall have exclusive right of way in and upon the streets, alleys, and squares in going to or operating at any fire, and anyone interfering with the operations of the firemen in the discharge of their duty, or interfering with any of the apparatus, hose or equipment, shall be guilty of a misdemanor.

ARTICLE XVI. UTILITIES

Section 1. AUTHORITY GENERALLY; ENFORCEMENT OF CONNECTIONS. The city council shall have the power and authority to locate, lay, establish and maintain public sewers, water mains and electrical generating plants, distribution system and appurtenances thereto appertaining in such of the streets or elsewhere as the council may deem necessary, and may require the owners of real property upon which residences or other buildings are located, abutting upon the streets in which said sewer or water mains are located, or within a reasonable distance thereof, to connect said residences or other buildings with such public sewers and water mains, under such reasonable rules and regulations and upon such conditions as said council shall establish and fix by ordinance.

Section 2. CONSTRUCTION, MAINTENANCE AND MANAGEMENT OF UTILITIES. The city council shall have authority to extend, construct, maintain, change the location of or discontinue the standpipes, reservoirs, water mains and water pipes connected with the city waterworks, sewer, mains, sewer connections, lift stations and other sewer apparatus connected with the city sewer system and electric lines, power plants, poles and other electrical apparatus connected with the city electrical system, and the council shall have authority to regulate and control the introduction, distribution and use of water, sewerage and electricity in said city and fix the rate for which same shall be furnished to customers, and prescribe the time of payment and provide for the collection of rents, rates, forfeitures or emoluments from the operations of the waterworks system, sewerage system and electrical system and may after five days' notice cause the water and/or electricity to be shut off from any buildings, places or premises, on account of nonpayment of said rates or rents, and said premises need not be furnished with water and/or electricity until the arrears with interest thereon, and the expense of cutting off and reintroducing the water supply and/or electricity shall have been full paid, and to prescribe penalties against any person who shall interfere with the water supply, electric supply or sewerage system of any buildings, places or premises, or who shall turn on the water or electricity in or to any building, place or premises after the same shall have been cut off and before payment of said arrears.

Sec. 3. INJURING OR CORRUPTING UTILITIES. If any person shall willfully or maliciously or wantonly tap on to, destroy or injure any pipe lines, electric lines or other property used or required for procuring or distributing water, sewerage or electricity, said person shall be guilty of a misdemeanor.

Sec. 4. RIGHT OF WAY FOR WATER, SEWERAGE AND ELECTRICAL SYSTEM. Said city council shall have the right to use the ground or soil within the right of way of any street, railway right of way or highway for the purpose of maintaining, extending or improving the system of waterworks, sewerage system or maintaining, extending or improving the light, distribution or power systems of said city, together with the right to cross and recross said rights of way, whenever same may be deemed necessary, in any convenient and safe manner.

ARTICLE XVII. STREET AND SIDEWALKS; STREET AND SIDEWALKS IMPROVEMENTS; ASSESSMENTS

Section 1. POWERS AS TO STREETS GENERALLY. The city council of the City of Statesville shall have full power and authority to grade, pave, macadamize, repave, remacadamize, repair and otherwise permanently improve for travel and drainage any street, sidewalk, and public alleyway of said city; to put down curbing, cross-drains and crossings on the same; and to make such other improvements on said streets, sidewalks and public alleyways as in the discretion of the said city council, the pubilc convenience may require.

Sec. 2. ASSESSMENTS FOR SIDEWALKS IN FIRE LIMITS; LIEN; PUBLICATION OF NOTICE. Whenever any sidewalk within the district known as the "fire limits", as they are now constituted, or may hereafter be created, shall have been paved or repaved by virtue of an ordinance duly passed by the city council, the City of Statesville shall have power to recover one-half of the costs of said work from the owners of the land abutting on said sidewalk, and the amount charged against each of said landowners shall be assessed on and shall constitute a lien on the lot or lots of said landowners abutting said sidewalks; provided, however, that the city council shall cause to be published in a paper published in the City of Statesville, at least ten days before such work shall be commenced, a notice that the city council has ordered said sidewalk to be paved, repaved or repaired, as the case may be, which notice shall be full and sufficient notice to all property owners abutting on said sidewalk; provided, also, that the city shall, out of its general fund, pay the remainder of said cost.

Sec. 3. ASSESSMENTS FOR STREETS IN FIRE LIMITS; LIEN; PUBLICATION OF NOTICE; PAYMENT BY CITY. When any street or part thereof, within the district known as the "fire limits", as they are now constituted, or may hereafter be created, shall have been paved, repaved, macadamized or remacadamized by virtue of an ordinance duly passed by the city council, the City of Statesville shall have power to recover one-third of the cost of said work from the owners of the land abutting on one side of said street, and one-third of the cost of said work from the owners of the land abutting on the other side of said street, and the amount charged against each of said landowners shall be assessed on and shall constitute a lien on the lot or lots of said landowners abutting on said street; provided, however, that the city council shall cause to be published in a paper published in the City of Statesville, at least ten days before such work shall be commenced, a notice that the city council has ordered said street to be paved, repaved, macadamized or remacadamized, as the case may be, which said notice shall be full and sufficient notice to all property owners abutting on said stret; provided, also, that the city shall, out of its general fund, pay the remainder of said cost; and for all street intersections so paved, repaved, macadamized or remacadamized.

Sec. 4. ASSESSMENTS FOR IMPROVEMENT DISTRICTS BEYOND THE FIRE LIMITS. Said city council shall have full power and authority to adopt by ordinance such a system of laying out districts or sections of streets, together with concrete, curbs and gutters, drainage conduits and drainage structure and sidewalks for permanent improvement beyond said "fire limits", and of equalizing assessments on real estate to pay the cost of such improvements as may be just and proper; and in order to more fully carry out the duties imposed by the provisions of this Act for more permanent improvement of all streets together with concrete curbs and gutters, drainage conduits and drainage structures beyond said "fire limits" and all sidewalks abutting thereon, said city council shall have the power to pass an ordinance assessing against the property owners on each side of said street one-fourth of the cost of paving, repaving, macadamizing or remacadamizing any such street together with one-fourth of the cost of the concrete curbs and gutters on either side of said street, including drainage conduit and drainage structures constructed or reconstructed, and one-half of the cost of paving or repaving the said sidewalk adjoining on the real estate abutting on one side of the street, or portion thereof so laid out and improved, together with one-half of the cost of paving or repaving the sidewalk adjoining on the real estate abutting on the other side of said street, or portion thereof so laid out and improved, and it shall be incumbent on the owners of the real estate on each side of the street, or part thereof. so laid out and improved, to pay the amounts so assessed for such improvements and the amounts charged against each landowner shall be assessed on and shall constitute a lien on the lot or lots of said landowners abutting on said street; provided, that the city shall, out of its general fund, pay for the remainder of said cost and for all street intersections so improved.

Sec. 5. ASSESSMENTS AGAINST RAILWAYS; DEDUCTIONS FROM APPORTIONMENT; REPLACEMENT OF STREETS.  If any railway company or corporation has tracks running through or across any street ordered to be paved, repaved, macadamized or remacadamized, then said railway company or corporation shall be charged with, and shall pay the cost of paving, repaving, macadamizing or remacadamizing the space lying between its rails and for twenty inches on each side of each line of track, as they may hereafter be constructed by said railway company or corporation; provided, that whatever of the cost of the street improvements, which may be paid by or assessed against the property of any railroad or railway company as herein provided, shall be deducted from the proportion of the costs of such improvement for which the City of Statesville is liable, and the amount paid by or to be paid by said railway company, shall not in any event be deducted from any sum assessed against the abutting landowners under the provisions of this Act; provided, further, that whenever any railway company or corporation shall lay a track upon any street, then said railway company or corporation shall be chargeable with the cost of placing said street in the condition same was found when said track was laid.

Sec. 6. EQUALIZATION OF ASSESSMENTS. In order to equalize the assessments on real estate for the purpose of improving the streets and sidewalks as hereinbefore provided for, whether the same be within the district known as the "fire limits" or within that district or section laid out as hereinbefore provided, the said city council shall take the total cost of paving, repaving, macadamizing or remacadamizing, together with the total cost of constructing or reconstructing concerte curbs and gutters, drainage conduit and drainage structures throughout the entire length of such work within each district, and shall then pro rate the cost thereof on the real estate abutting thereon in proportion to the frontage on the street or sidewalk or portion thereof so improved, and charge to and assess upon the real estate upon each side of the street upon which said work is done its pro rata share of the cost of such improvement made. Immediately upon the completion of the work upon any street or sidewalk ordered done by the city council under the provisions of this Act, the person in charge of said work shall make a report in writing to the city council showing the cost of paving, repaving, macadamizing or remacadamizing, together with the total cost of constructing or reconstructing concrete curbs and gutters, drainage conduit and drainage structures throughout the entire length of said work, with the number and description of the lots abutting on said street or sidewalk, or portion thereof so improved, together with the number of feet frontage of each of said lots. The city council, after receipt of said report, shall cause notice of the assessments against abutting property on any street or sidewalk in any improvement district or section to be given notice by advertisement at least once a week for two successive weeks, which notice shall be deemed to be full and sufficient notice to all property owners abutting on said street or sidewalk. Said notice shall state the time and place when, and where such assessments are to be made and determined, and shall notify all persons interested to appear and show cause, if any, why such assessments shall not be made. At said -time and place said city council shall proceed to pro rate the costs of said work and assess said property as above provided; provided, however, that no assessment against any piece of property improved as herein allowed shall exceed in amount the enhancement in value of said property by reason of said improvement.

Sec. 7. ASSESSMENT TO CONSTITUTE LIEN ON RESPECTIVE LOTS; PAYMENT; SALE; DEED. The amount of the charges made against the landowners and assessed on the respective lots as hereinbefore provided for shall be and constitute liens on the respective lots upon which they are charged and assessed; the said amounts shall be placed in the hands of the tax collector for collection and any property owner shall have the right to pay the charges made as hereinbefore prescribed in ten equal annual installments from and after the adoption of the assessment ordinance, with interest thereon at six per cent (6%) per annum from the date that such assessment was made, in which case the amounts due shall be and remain a lien on the lot or lots against which they are charged and assessed until fully paid; provided, also, that any property owner may elect to pay said assessment in cash without interest, if same be done within thirty days from and after the date that said city council shall make said assessment; provided, further, that in case there shall be a default in the payment of any annual installment for thirty days after the same shall become due, then and in that event the installments remaining, if any, shall become due and the tax collector may proceed to sell said lot or lots for cash to the highest bidder at the courthouse door of Iredell County, after advertisement for thirty days in some newspaper published in Statesville, and the said tax collector shall make a deed to the purchaser and out of the moneys arising from said sale pay off and discharge the amount charged and assessed on said lot or lots, together with the interest on the same and the cost of sale, and pay the surplus, if any, to the person or persons legally entitled to the same.

Sec. 8. LIEN BOOK; KEPT BY TAX COLLECTOR; OPEN TO PUBLIC. For the convenience of the public the tax collector shall keep in his office a lien book, in which shall be entered the location of the lots and street number, if known, upon which assessments have been made, the name or names of the reputed owners thereof, and the amount due on such assessments. This book shall be indexed and shall be open to the inspection of the public.

Sec. 9. APPEALS FROM ASSESSMENTS. Any person who shall feel aggrieved by the assessments made by said city council as herein provided for, shall have the right within thirty days after the assessments are made, and not after that time, to file his objections to said assessments, and to appeal from the decision of the city council to the next term of the Superior Court of Iredell County, by serving upon the City of Statesville notice in writing of his intention to do so, and specifying in said notice the grounds of his objections to said findings and by filing within said time with the Clerk of the Superior Court of Iredell County a written undertaking in the sum of two hundred dollars ($200.00), with sufficient surety to be justified before and approved by said Clerk, to the effect that said appellant will pay to said city all such costs and damages as it may sustain by reason of said appeal. In the case of an appeal from the decision of the city council, the ordinance laying out the improvement district, the action of the council in making or levying the assessment, and the objections of the property owner filed thereto, shall constitute the case on appeal. All of said papers shall be certified by the city clerk and treasurer to the Superior Court, and shall be docketed on the civil issue docket and stand at issue as other civil cases regularly brought in such court. If all issues be found in favor of the appellant on such appeal as above provided for, the lien for said assessments shall be discharged; if, however, the issues or any of them, be found in favor of the City of Statesville to any amount, then judgment shall be rendered in favor of said city for such amount, and the amount so found, together with the costs of the appeal (which costs shall be assessed as costs in other civil actions) shall be and continue a lien against the property upon which the original assessment was placed from the date of the commencement of said work or improvement. Upon such appeal from the decision of the city council, all Sections and provisions of this Act shall be prima facie presumed to have been complied with.

Sec. 10. RIGHTS OF LIFE TENANT AND REMAINDERMEN. When any life tenant shall be compelled to pay the assessment upon any lot or lots, then said life tenant shall have the right to recover from the remaindermen of such part of said assessment as shall be in the same proportion to the whole of said assessment as the present cash value of the remainder is to the value of the lot or lots, and when the remaindermen shall be compelled to pay said assessment, then said remaindermen shall have the right to recover from the life tenant such part of said assessment as shall in the same proportion to the whole of said assessment as the present cash value of the life estate is to the value of the lot or lots.

Sec. 11. DEFINITION OF "COST", "FRONTAGE", "STREET", AND "SIDEWALK". The word "cost" whenever the same shall appear in this Article, shall be construed to mean the actual cost of the materials used in said work, together with all other costs incident to constructing said improvements, including the cost of all grading and excavation incident thereto. Any part of any lot in the City of Statesville, which abuts upon any street or sidewalk in said city, shall be construed to be "frontage" within the meaning of this Article. Provided, further, that the word "street" or "sidewalk" shall mean the entire area defined by the street or sidewalk rights of way and not just that portion of said rights of way upon which actual improvements have been constructed.

ARTICLE XVIII. CONDEMNATION PROCEEDINGS

Section 1. POWER TO PURCHASE AND CONDEMN LAND; PROCEDURE FOR CONDEMNATION. When, in the opinion of the city council, any land, right of way, privilege or easement shall be required for the purpose of opening new streets or of extending or widening those already open, or for the extension and maintenance of the drainage, sewerage or water systems of the City of Statesville or for the extension and maintenance of the light, distribution or power system of said city, or for any other public purpose, said city may purchase the same from the owner or owners thereof and pay such compensation therefor as may be agreed upon; but if said city or said council shall be unable to agree with the owner or owners thereof upon the amount of compensation, condemnation of such land, right of way, privilege or easement therein for such public use, may be made in the manner hereinafter set forth.

Sec. 2. PROPOSED CONDEMNATION; ORDER OF THE CITY COUNCIL. When it is proposed to condemn any land, rights, privileges or easements for the purpose herein specified, an order or resolution of the city council at a regular or special meeting of the city council shall be made, stating generally or as near as may be, the nature of the improvements for which the land, rights, privileges or easements are required.

Sec. 3. PETITION TO BE FILED WITH CLERK OF SUPERIOR COURT. The city shall file with the Clerk of the Superior Court of Iredell County its verified petition praying for the appointment of commissioners to appraise and value the real property or rights, privileges or easements proposed to be taken or condemned for the purpose aforesaid, and to ascertain and report to the court what sum should be paid to the owner or owners as damages for the property, rights, privileges or easements so taken, the said assessments to be made by the commissioners according to the value of the property, rights, privileges or easements to be acquired for public use. The petition shall set forth and describe the particular property rights, privileges or easements proposed to be taken or condemned for the purpose aforesaid, and shall also state the names and residences of the owner or owners thereof and of the person who may have any interest therein, which may be effected by the said condemnation, and whether any of the said owners are minors, with or without guardians.

Sec. 4. SUMMONS TO PARTIES INTERESTED; PROCEEDINGS. Upon the filing of said petition, the Clerk of the Superior Court shall issue a summons to the parties interested in the lands, rights, privileges or easements described in the petition, requiring them to appear at his office in the courthouse of said county, on a day at least ten days after the service of the said summons, and answer or otherwise plead to the petition, and the said proceedings shall be conducted in all respects as are other special proceedings, and the clerk may issue process and make publication for parties and appoint guardians in like manner as provided by law in the case of special proceedings.

Sec. 5. APPOINTMENT OF COMMISSIONERS; DUTIES; REPORT; EXCEPTIONS TO REPORT; APPEAL. If the clerk shall find that the property, rights, privileges or easements described in the petition are required for public use, he shall make an order appointing three disinterested and competent freeholders of Iredell County to ascertain and assess the value of the property, rights, privileges or easements proposed to be taken and the damages to be paid to the owner or owners thereof by said city. The clerk shall issue a notice of their appointment to the said freeholders, to be served upon them by the sheriff of the county, and when so notified they shall, within five days, go upon the premises and ascertain the value of the lands, rights, privileges or easements proposed to be taken or condemned for public use, determine by a majority vote the amount of damages to be paid for the same and make a report of their findings in writing to the Clerk of the Superior Court of Iredell County, within five days after they view the premises. Before making such report they may take the evidence of witnesses offered as to any values to be assessed; that if any party to the proceedings shall be dissatisfied with the report of the commissioners, he may file exceptions thereto with the Clerk of the Superior Court within ten days after the filing of said report with said clerk; and all issues of fact and law raised before the clerk in said proceedings and upon said exceptions shall be transferred to the Superior Court for trial in like manner as provided in the case of other special proceedings; and the trial of said issues shall have precedence over all other civil cases or matters on the docket of said court. From the judgment of the Superior Court rendered in said proceedings any of the parties may appeal to the Supreme Court; provided, however, that no appeal shall hinder or delay the said city in opening such streets, in constructing such lines or erecting such improvements.

Sec. 6. CONSIDERATIONS GOVERNING ASSESSMENTS. In making the valuation and assessment aforesaid, the commissioners shall take into consideration the loss or damage that may accrue to the owner or owners by reason of the land, right of way, privilege or easement being surrendered, and also any benefit or advantage such owner may receive from the placing, maintaining, extending or constructing of the proposed improvements for which said land, right of way, privilege or easement shall be required, and shall ascertain the amount of loss or damage in excess of the said benefit or advantage, or the value or amount of such benefit or advantage in excess of loss or damage, as the case may be; that the value of any, benefit or advantage to any lot or land arising from the placing, maintaining, extending or constructing of the proposed improvements accruing to said lot or other land may be assessed by said commissioners against the lot or land and shall be a lien thereon.

Sec. 7. POWERS OF COURT. In all cases of appraisal under this Act where the mode or manner of the proceedings is not expressly or sufficiently provided for herein, the court before which such proceedings may be pending shall have the power to make all necessary orders and give proper directions to carry into effect the object and intent of this Act and the practice and procedure in such cases shall conform as near as may be to the ordinary practice and procedure in such court.

Sec. 8. TRANSFER OF OWNERSHIP NOT TO DELAY PROCEEDINGS. No change of ownership or transfer of the real estate or any interest therein or of the subject matter of the appraisal or any part thereof shall in any manner affect such proceedings after the same has been instituted, but the same may be carried on and perfected as if no conveyance or transfer had been made or attempted to be made.

Sec. 9. DEFECTIVE TITLES; NEW PROCEEDINGS TO PERFECT TITLE; POSSESSION BOND. If at any time after the. attempt to acquire such property or rights by appraisal of damages or otherwise, it shall be found that the title to said property or rights proposed to be taken or condemned or which have been acquired and condemned, are defective, said city may proceed anew to acquire or perfect such title in the same manner as if no appraisal had been made; and at any stage of the new proceedings the court may authorize the petitioner if in possession of the said property or rights, to continue in possession of the same, and if not in the possession to take possession and use such property or rights during the pending and until the final conclusion of such new proceedings, upon such petitioner paying into court a sufficient sum or giving security as the court may direct for damage, which may be finally assessed and recovered against it.

Sec. 10. RIGHT OF CITY TO RECOVER PAYMENTS ON DEFECTIVE TITLES. If the title to any property or rights, privileges or easements condemned in any proceedings instituted under this Article shall prove defective, the city may by action recover of the party or person who has received the money or compensation for the property, rights, privileges or easements so condemned any loss or damage it may have sustained by reason of said defect of title, not exceeding the amount so paid as compensation.

Sec. 11. SERVICE OF SUMMONS. The summons in the proceedings begun hereunder shall be served in the same manner and way as is provided for the service of summons in special proceedings.

Sec. 12. TITLES TO VEST IN CITY. The title to any real estate, rights, privileges or easements which have been condemned under the provisions of this Act shall vest in the said city upon its paying into court, or to the parties entitled to receive same, the amount of compensation or damages recovered against it, together with the costs adjudged to be paid by it in said proceedings and upon its further compliance with the judgment of the court.

ARTICLE XIX. PARKING METERS

Section 1. AUTHORITY OF GOVERNING BODY TO PROVIDE FOR INSTALLATION. For the purpose of regulation and limitation of vehicular traffic and parking in the City of Statesville, the governing body of the City of Statesville is authorized and empowered, in its discretion, to enact ordinances providing for a system of parking meters in said City of Statesville which shall be designed to promote traffic regulation and requiring a reasonable deposit not in excess of five cents (5¢) per hour from those who park vehicles or motor vehicles for stipulated periods of time in those areas in said City of Statesville in which it is determined by the governing body that the congestion of traffic or vehicular traffic is such that public convenience and safety demands such regulation.

Sec. 2. DISPOSITION OF PROCEEDS FROM METERS. The proceeds derived from the use of such parking meters in the City of Statesville shall be set up and maintained in a special account and fund, and one-half of such proceeds may be used for the establishment and maintenance of such parking meters and for making such regulation effective or for any other purpose in the discretion of the City Council of the City of Statesville; the remaining one-half of such proceeds shall be used for the establishment, maintenance and operation of any and all recreational facilities of the City of Statesville, including play grounds, recreation centers and the acquisition of lands or buildings for such purposes.

Sec. 3. APPLICABILITY OF CHAPTERS 20 AND 136 OF THE GENERAL STATUTES. Nothing contained in Chapter 20 of the General Statutes of North Carolina or in Chapter 136 of the General Statutes of North Carolina shall be construed as in any way affecting the validity of parking meters in the City of Statesville or the fees required in the use thereof.

ARTICLE XX. PLANNING AND ZONING INSIDE AND OUTSIDE CORPORATE LIMITS

Section 1. PURPOSE, AUTHORITY, AREA DEFINED. That for the purpose of promoting the orderly growth, expansion and development of the City of Statesville and the surrounding territory hereinafter defined, and for the purpose of promoting the health, safety, morals or general welfare of the citizens of the City of Statesville and of the territory and  community beyond and surrounding the corporate limits of the said municipality, as hereinafter defined, the governing body of the City of Statesville is hereby authorized and empowered to adopt such ordinances and regulations as may be considered necessary or expedient by the governing body of the City of Statesville to regulate, control and restrict the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, not only within the corporate limits of the City of Statesville, but, also, when specifically provided by the terms of any such ordinance, within the territory and community beyond and surrounding the corporate boundaries of the City of Statesville, as now or hereafter fixed, for a distance of one mile of and beyond such corporate boundaries in all directions or any part thereof; and within the aforesaid territory within and beyond the corporate boundaries, the governing body of the City of Statesville is hereby authorized and empowered to exercise any and all powers of planning and/or zoning conferred upon the City of Statesville and vested in its governing body by the Charter of the City of Statesville, and/or the General Statutes of North Carolina, as amended from time to time, including but not being limited to the provisions of Article 14 of subchapter 1 of Chapter 160 of the General Statutes, and/or by any other statute applicable to the City of Statesville, to the same extent and according to the same methods of procedure as applicable to planning and/or zoning within the corporate limits of the City of Statesville.

Sec. 2. PLANNING BOARD ENLARGED. That at the time the governing body of the City of Statesville authorizes the planning board of the City of Statesville to prepare a recommended zoning ordinance for the territory beyond the corporate limits for a distance of one mile in all directions or any part thereof, said governing body shall appoint four (4) residents of the territory beyond the corporate limits of the City of Statesville and within one mile thereof or the territory affected, to serve as members of the City of Statesville's planning board in addition to the regularly appointed members. The additional members of the planning board so appointed who are residents of the territory beyond the corporate limits shall have equal rights and privileges with the other members of the City of Statesville's planning board only in matters pertaining to the zoning of the territory surrounding and beyond the corporate limits of the City of Statesville within a distance of one mile in all directions or any part thereof, and the term of office of the members who are residents of the territory beyond the corporate limits shall terminate at the time a zoning ordinance for the territory beyond the corporate limits of the City of Statesville is enacted by the governing body of the City of Statesville.

Sec. 3. BUILDING PERMIT REQUIRED; NO FEE. The governing body is further authorized in order to properly enforce the provisions of any planning or any zoning ordinance that may be enacted affecting the area beyond the corporate limits as defined herein, to require that prior to the beginning of any construction, reconstruction or alteration of any building or structure that a permit be obtained therefor from the building inspector of the City of Statesville. The permit shall be issued by said building inspector if the proposed structure complies with such requirements as may have been adopted by the governing body of the City of Statesville for the area whereon the structure is to be situated. No fee shall be charged for such permits.

Sec. 4. PUBLIC HEARING REQUIRED. The governing body of the City of Statesville, shall enact no ordinance or ordinances under the provisions of this Article without first holding a public hearing.

Sec. 5. ZONING INSIDE CORPORATE LIMITS. The last proviso appearing in G. S. 160-173 shall not apply to the City of Statesville in Iredell County.

ARTICLE XXI. CIVIL SERVICE BOARD

Section 1. CREATED; TERM OF OFFICE. There is hereby created a civil service board of the City of Statesville, to consist of three members who shall serve for a term of three (3) years each, or until his successor is duly appointed and qualified, as hereinafter provided.

Sec. 2. PRESENT MEMBERS TO CONTINUE TO SERVE. The present members of the civil service board shall continue to serve until their successor is duly appointed and qualified as hereinafter provided.

Sec. 3. APPOINTMENT OF SUCCESSORS; VACANCIES; REAPPOINTMENT. At the expiration of the term of each member now serving on the civil service board, his successor shall be appointed by the Resident Judge of the Superior Court of the judicial district, of which Iredell County is a part, and such successor shall serve for a period of three (3) years. Any vacancy occurring on said board, regardless of the cause thereof, shall be filled by the said resident judge as herein provided, and the term of any person appointed to fill a vacancy shall expire upon the expiration of the term of the person in whose place he was appointed. No member of the civil service board shall be eligible for reappointment at the end of a regular three-year term.

Sec. 4. ELIGIBILITY OF MEMBERS; OATH; REMOVAL FROM OFFICE. Any person other than a member of the city council or any elective officer, who is a qualified voter in the municipal elections in the City of Statesville, and who is not a member or employee of the police or fire department, or an employee of the City of Statesville shall be eligible for membership on the civil service board; provided, that at least one of the said members shall be a member of the Republican party. Each member of the civil service board shall take oath (or affirmation) for the faithful discharge of the duties of their office. The members of the civil service board shall be subject to removal from office by the Resident Judge of the Superior Court for malfeasance in office, or for neglect or violation of any official duty in connection with the civil service board, or for any violation of the laws of the State of North Carolina, for any cause which in the discretion of the said resident judge, makes such removal to the best interests of the public.

Sec. 5. ELECTION OF CHAIRMAN AND SECRETARY; TERM; DUTIES OF SECRETARY; RECORDS OPEN TO PUBLIC. The civil service board shall have authority to elect from its members a chairman and a permanent secretary, who shall hold office for one year, subject to re-election upon the approval of the civil service board. The secretary shall keep the minutes of the proceedings of the civil service board and shall be the custodian of all the papers and records pertaining to the business of the board, and shall keep an accurate record of all examinations held and the results thereof, and shall perform such other duties as the board shall prescribe or direct. All of the records of the civil service board shall be open to inspection by the public at all times.

Sec. 6. POWERS AND DUTIES GENERALLY; RULES AND REGULATIONS. The civil service board shall establish and fix requirements of applicants for employment in the police department and the fire department of the City of Statesville, and shall make all such general rules and regulations for requirements of applicants, the conduct and the services of the employees of the said departments as it may deem advisable; said rules and regulations shall be printed and made available for public inspection and for the use of the employees of, and applicants for, employment in said departments.

Sec. 7. COMPENSATION OF CIVIL SERVICE BOARD, The members of the civil service board shall receive as compensation for each meeting the same rate of pay as the members of the city council.

Sec. 8. ROOMS, CLERICAL HELP, ETC., TO BE PROVIDED BY THE CITY. The city shall provide suitable rooms in the city hall for the civil service board and shall provide all necessary clerical and stenographic help and all stationery, forms, and other supplies needed by the civil service board, and shall allow such reasonable use of the facilities of the city hall for the holding of examinations, and such other use as may be necessary for the proper conduct of its affairs.

Sec. 9. EXAMINATION OF APPLICANTS FOR POSITIONS IN POLICE AND FIRE DEPARTMENT. All applicants for positions in the police department or fire department of the City of Statesville shall be subject to an examination by the civil service board, which examination shall be competitive and open to all persons who are qualified voters of the City of Statesville or County of Iredell, subject to a reasonable limitation as to residence, age, health, moral character and general reputation, which said examination shall relate to those matters which will fairly test the relative ability of the person examined to discharge in a proper fashion the duties of the position which he seeks to be appointed to, and shall include tests of physical, mental and moral qualifications, but no applicant shall be examined concerning his political opinions or affiliations, however if a county applicant is accepted who lives outside of the City of Statesville at the time of his or her examination, he or she must then move within the city limits not later than 90 days from the time he or she actually goes on the force; provided, however, that all things being equal city applicants will be given priority over county applicants. Due regard shall be given by the civil service board in its examination of applicants for positions in the police department and fire department to the experience or training of any applicant which may fit him for the duties which he would be called upon to discharge as a member of the said department and the findings of the civil service board shall be conclusive.

Sec. 10. NOTICE OF TIME AND PLACE OF EXAMINATIONS. Notice of the time and place of every examination shall be given by the civil service board by publication daily for one week immediately preceding such examination in some newspaper published in the City of Statesville, State of North Carolina; said notice to set forth the number and kind of vacancies in the said department which shall be filled by the civil service board.

Sec. 11. REGISTER TO BE KEPT; GRADING OF EXAMINATIONS; APPOINTMENTS ON BASIS OF GRADES; RULES FOR EXAMINATIONS. The civil service board shall prepare and keep a register of persons successfully passing the examinations given by them, such persons to be graded according to their respective showing upon said examinations; and the civil service board shall make appointments to vacancies which occur in the said departments on a basis of the grades made by the various applicants upon the examinations so given. All examinations given by the civil services board shall be made under the rules and regulations established by the civil service board.

Sec. 12. NAMES TO BE STRICKEN FROM ELIGIBLE LIST AFTER TWO YEARS; EXCEPTION. All names on the eligible list which shall have remained on said eligible list for a period of two (2) years, shall be stricken therefrom; provided, however, any person who becomes eligible for appointment to either the police department or fire department, is given proper notfiication that a vacancy exists, shall have seven (7) days to accept or reject said appointment and if he rejects same, his name shall be removed immediately from the eligibility list.

Sec. 13. COMPOSITION OF POLICE DEPARTMENT. The police department of the City of Statesville shall consist of a chief and such number of policemen and other personnel as the city council shall in its discretion deem sufficient to provide security and exercise the police powers in the City of Statesville. The members of the police department shall be of such grade and classification as the civil service board, in its discretion, deems necessary for the efficient functioning of said department.

Sec. 14. COMPOSITION OF FIRE DEPARTMENT. The fire department of the City of Statesville shall consist of a chief and such number of firemen and other personnel as the city council in its discretion deems necessary and sufficient to maintain and operate the fire fighting equipment, to provide for fire prevention and to afford fire protection for the City of Statesville. The members of the fire department shall be of such grade and classification as the civil service board shall, in its discretion, deem necessary for the efficient functioning of said department.

Sec. 15. APPOINTMENT OF MEMBERS OF POLICE DEPARTMENT; RESPONSIBILITY OF POLICE TO MAYOR AND COUNCIL. The chief and members of the police department of the City of Statesville shall be appointed by a majority vote of the civil service board. The chief of the police department and the members of said department shall be under, the direction and control of, and shall be directly responsible to, the mayor and city council for the proper enforcement of the laws of the State of North Carolina and the city.

Sec. 16. APPOINTMENT OF MEMBERS OF FIRE DEPARTMENT; RESPONSIBILITY OF FIREMEN TO MAYOR AND COUNCIL. The chief and members of the fire department of the City of Statesville shall be appointed by a majority vote of the civil service board. The chief of the fire department and the members of said department shall be under the direction and control of, and shall be directly responsible to, the mayor and city council for the proper maintenance and operation of the fire fighting equipment and for providing methods, and the training of members of said fire department in the proper methods, of fire fighting technique to the end that ample fire protection will be afforded the residents of the City of Statesville.

Sec. 17. SUSPENSION OF CHIEF OF FIRE DEPARTMENT AND POLICE DEPARTMENT. The city council or the civil service board shall have the power to suspend from office the chief of the police department or the chief of the fire department for malfeasance in office, drunkenness, dishonesty, neglect of official duty, or for failure to obey the orders duly issued to him by the city council. In case of such suspension of the chief of the police department or the chief of the fire department by the city council, the city council shall certify such action on their part in writing, together with a statement of the cause, or causes, for the said suspension to the civil service board, which shall, within ten days from the receipt of such certificate, either over-rule such suspension and restore said chief to duty, or shall confirm such suspension, take such additional action as in its discretion shall see fit, and proceed immediately to the election or appointment of a new chief of said department. The civil service board shall notify the city council of the action taken.

Sec. 18. PROMOTIONS: DIRECTION AND CONTROL OF DEPARTMENTS; SUSPENSION OF EMPLOYEES AND MEMBERS; INVESTIGATION OF CHARGES. All promotions within the police department or the fire department of the City of Statesville shall be made by the chief of each department, by and with the approval of the civil service board, and the members of the said departments shall be under the control and direction of the respective chief of each department, who shall be held responsible for the proper conduct of the affairs of his respective department; the chief of the police department and the chief of the fire department or the civil service board may suspend any employee or member of their respective departments for any misconduct in office, drunkenness, dishonesty, insubordination, or for the infraction of any rules laid down by the civil service board, pending an investigation by the civil service board, such suspension shall not exceed fifteen days at one time. In case of such suspension of any officer, as provided in this Article, the civil service board shall make a thorough investigation into the charges made against said member or employee, and shall hear any complaint which may be made against the said police officer, member of the fire department, or other employees, by any citizen or official of the City of Statesville; and the civil service board may dismiss, remove or discharge any police officer, member of the fire department, or other employee of said departments upon the conclusion of any such hearing for the causes herein set out, after first giving the accused ample opportunity to be heard and present evidence in his own behalf.

Sec. 19. CHIEF OF EACH DEPARTMENT TO MAKE MONTHLY REPORT. During each and every calendar month the chief of the police department and the chief of the fire department shall prepare and submit to the city council and to the civil service board a statement of the conduct of the affairs of their respective departments, and said report shall contain any suggestions for improvement in the service of personnel of said departments. Said reports shall be kept in the files of the civil service board and in the files of the city council and shall constitute an official record.

Sec. 20. SALARIES OF POLICE AND FIRE DEPARTMENTS; EXPENSES OF BOARD, ETC. The civil service board may recommend to the city council the salaries to be paid to the chief and other members of the police department and the fire department of the City of Statesville and the city council shall fix the compensation of the members of the police department and the fire department according to the various grades and classifications of the several positions. The city council shall provide and include in the budget of the city sufficient funds to pay the salaries of the personnel of the police department and the fire department and the other expenses incident to the proper functioning of the said departments and of the civil service board. The compensation of all the employees of the police department and the fire department shall be paid by the city clerk and treasurer on the same date as other city employees.

Sec. 21. EQUIPMENT AND SUPPLIES OF POLICE DEPARTMENT TO BE FURNISHED BY CITY COUNCIL. It shall be the duty of the city council to furnish to the police department and to the officers and employees thereof all equipment and supplies, including wireless telephone, and/or radio broadcasting equipment, and/or to contract with Iredell County, North Carolina, for joint use of its facilities, necessary and helpful to the proper performance of their office.

Sec. 22. FIRE FIGHTING EQUIPMENT, ETC., TO BE FURNISHED BY CITY COUNCIL. It shall be the duty of the City Council of the City of Statesville to furnish to the chief of the fire department and to the firemen and employees thereof all fire fighting equipment, trucks, alarm system, and any other equipment and supplies necessary and helpful to the proper performance of their duties and sufficient to afford ample fire protection to the City of Statesville.

Sec. 23. POLITICAL ACTIVITIES OF MEMBERS OF POLICE AND FIRE DEPARTMENTS. No member or employee of the police department or the fire department of the City of Statesville shall take any part in any election or political function other than that of exercising his rights of suffrage, and the civil service board is hereby empowered to summarily dismiss any member or employee of the police department or the fire department who shall be guilty of conduct in the violation of this Section.

Sec. 24. ANNUAL REPORT OF CIVIL SERVICE BOARD. During the first month of each calendar year the civil service board shall make an annual report of its action for the preceding year to the Resident judge of the Superior Court, such report shall include all rules and regulations in force.

Sec. 25. PRESENT PERSONNEL TO SERVE. The present chiefs and members of the police department and the fire department of the City of Statesville shall continue to serve in their respective capacities until removed as provided for in this Article.

ARTICLE XXII. MISCELLANEOUS

Section 1. OFFICIAL BONDS. In all instances where an officer or employee of the City of Statesville is required by this Act, or ordinance of said city, to furnish bond for the faithful performance of his duties, and/or for a proper accounting of funds of said city, the premiums upon such bonds or bond shall be paid by said city. The said bonds shall be renewed annually.

Sec. 2. NO LEVY ON CITY PROPERTY OR FOR CITY DEBTS. No levy shall be made on any property belonging to the city, nor shall any levy be made on the property of any individual for any debt due by the city, but all such debts shall be paid only by taxation upon subjects taxed by said city.

Sec. 3. AUTHORITY TO SELL PROPERTY. The city council shall have power, by vote of two-thirds of the councilmen present, to sell at public auction to the highest bidder for cash after thirty days' notice, any real property belonging to the city, and when authorized, a quitclaim deed or a bargain and sale deed without warranty for the said real estate may be executed by the mayor and attested by the city clerk, with the corporate seal of the city attached; provided, however, that this Section shall not apply to plots in the cemetery, deeds for which shall be executed by the mayor.

Sec. 4. AUTHORITY TO SELL CERTAIN LAND.

(a)       The governing body of the City of Statesville in the exercise of its discretion, is authorized and empowered to sell and convey at private sale to the Board of Education of Iredell County, the Statesville City School Board, bodies politic, and its successors and assigns, for a consideration to be agreed upon by the governing body of the City of Statesville and said bodies politic, any surplus real estate owned by the City of Statesville.

Sections 2 and 59 of Chapter 160 of the General Statutes of North Carolina, to the extent that they conflict with this Act, shall not apply to the City of Statesville.

(b)       The City of Statesville is authorized to sell at private sale the following property:

Tract I: Property acquired from H. C. King and wife, Beatrice R. King, dated February 3, 1956.

Tract II: Property acquired from W. A. Campbell and wife, Leona Campbell, dated February 18, 1956.

Tract III: Property acquired from C. R. King and wife Iva Lee M. King, dated February 3, 1956.

Tract IV: Property acquired from C. R. King and wife, Iva Lee M. King, dated February 3, 1956.

Tract V: Property acquired from W. P. Payne and wife, Geneva M. Payne, dated April 28, 1956. A five-sixths (5/6) undivided interest in said property, as well as the one-sixth (1/6) undivided interest which the city does not now own if and when the city does acquire title to the outstanding one-sixth (1/6) undivided interest aforesaid.

Sec. 5. AUTHORITY TO SELL POWER LINES. The City Council of the City of Statesville shall have the power to sell at public or private sale, either to the highest bidder or upon sealed bids, any power lines and right of ways lying outside of the corporate limits of the City of Statesville and now owned by the City of Statesville and apply the proceeds as said city council in its discretion may deem for the best interest of the City of Statesville; provided, that the City Council of the City of Statesville shall have first determined by resolution that such power lines are surplus and not needed to serve the residents of the City of Statesville.

Sec. 6. NOTICE OF INJURY BEFORE SUIT INSTITUTED AGAINST CITY. No action for damages against said city of any character whatever, to either person or property, shall be instituted against said city unless within ninety days after the happening or infliction of the injury complained of, the complainant, his executors or administrators, shall have given notice to the city council of said city of such injury in writing, stating in such notice the date and place of the happening or infliction of such injury, the manner of such injury, the character of the injury and the amount of damages claimed therefor; but this shall not prevent any time of limitation prescribed by law from commencing to run at the date of the happening or infliction of such injury, or in any manner interfere with its running.

Sec. 7. GENERAL STATUTES NOT APPLICABLE. The provisions of 147-8 and 147-9 of the General Statutes and amendments thereto shall not apply to the City of Statesville.

Sec. 8. BIRD SANCTUARY. The territory within the corporate limits of the City of Statesville, in Iredell County, is hereby declared to be a bird sanctuary. It shall be unlawful for any person to kill, trap or otherwise take any bird within the corporate limits of the City of Statesville except English Sparrows, Great Horned Owls, Cooper's Hawks, Sharp-skinned Hawks, crows, starlings, pigeons, and domesticated fowls.

Sec. 9. CONTINUANCE OF CONTRACTS AND PUBLIC IMPROVEMENTS. All contracts entered into by the city, or for its benefit, prior to the taking effect of this Act, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or charter provisions existing at the time this Act takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and charter provisions.

Sec. 10. PENDING ACTIONS AND PROCEEDINGS. No action or proceeding, civil or criminal, pending at the time when this Act shall take effect, brought by or against the city or any office, department or agency or officer thereof, shall be affected or abated by the adoption of this charter or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department or agency or officer party thereto may by or under this charter be assigned or transferred to another office, department or agency or officer, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this charter.

Sec. 11. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED. Nothing in this Act contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department or agency existing at the time when this charter shall take effect, or any provision of law in force at the time when this charter shall take effect and not inconsistent with the provisions of this charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights or privileges of officers or employees of the city or any office, department or agency thereof.

Sec. 12. OFFENSES COMMITTED AND PENALTIES INCURRED. No offenses committed and no penalties or forfeitures incurred under any of the Acts or ordinances hereby repealed, and before the time and when such repeal shall take effect, shall be affected by the repeal; provided, further, that no law heretofore repealed shall be revived by the repeal of any Act repealing such law.

Sec. 13. GENERAL LAWS APPLY. All questions arising in the administration of the government of said city and not provided for in this Act shall be governed by the laws of the State, and nothing in this Act shall be deemed as limiting any powers given to municipal corporations by the Constitution and laws of North Carolina.

Sec. 14. SEPARABILITY CLAUSE. If any Section or part of Section of this Act shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such Section or part of Section so held invalid may appear, except to the extent that an entire Section or part of Section may be inseparably connected in meaning and effect with the Section or part of Section to which such holding shall directly apply.

Sec. 15. EFFECT OF THIS CHARTER ON EXISTING LAW; REPEALING CLAUSE.

(a)       All laws and parts of laws relating to or affecting the City of Statesville in force when this charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this Act;

(b)       Insofar as the provisions of this Act are the same in terms or in substance and effect as provisions of law in force when this Act shall take effect, relating to or affecting the City of Statesville, the provisions of this Act are intended to be not a new enactment but a continuation of such provisions of law, and this Act shall be so construed and applied.

(c)       The repeal of any laws as provided for in (a) hereof shall not annul any ordinances, bylaws or rules of the corporation unless the same be inconsistent with this Act, nor shall such repeal affect any Act done or the right accruing or accrued or established or any suit had or commenced in any case before the time when such repeal shall take effect; neither shall any rights, estates, duty or obligation possessed by or due to the corporation by its present name, from any corporation or person whatsoever be lost, affected or impaired, but the same shall remain in full force and be possessed, enforced and enjoyed in the name and for the use of the corporation by the name of the City of Statesville, nor shall such repeal in any manner impair the validity of bonds which have heretofore been issued by said City of Statesville.

Sec. 16. EFFECTIVE DATE. This Act shall become effective the 30th day of June, 1959.

In the General Assembly read three times and ratified, this the 29th day of May, 1969.