S.L. 1963-1206

NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 1206

HOUSE BILL 1080

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF ROCKINGHAM, RICHMOND COUNTY.

The General Assembly of North Carolina do enact:

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

"THE CHARTER OF THE CITY OF ROCKINGHAM

"ARTICLE I. INCORPORATION AND CORPORATE POWERS.

"Section 1.1. Incorporation and General Powers. The Town of Rockingham shall continue to be a body politic and corporate under the name of the 'City of Rockingham', and shall continue to be vested with all property and rights which now belong to the City; shall have perpetual succession; may have a common seal and alter and renew the name at pleasure; may sue and be sued; may contract; may acquire and hold all such property; real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.

"Sec. 1.2. Exercise of Powers. All powers, functions, rights, privileges and immunities of the City, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or if this Charter makes no provisions, as provided by the general laws of North Carolina pertaining to municipal corporations, their officers, agencies or employees, and as provided by ordinance or resolution of the City Council.

"ARTICLE II. CORPORATE BOUNDARIES.

"Sec. 2.1. Existing City Boundaries, The corporate limits of the City of Rockingham shall be as follows until changed in accordance with law:

Beginning at the confluence of the channels of Hitchcock and Falling Creeks, the same being the West most limits of the Town of Rockingham, North Carolina; and runs thence up the channel of Hitchcock Creek about 5200 feet to the line of the Old Pee Dee Village; thence with the various lines of the Old Pee Dee Village that lie South of Hitchcock Creek, southeasterly, easterly and northwesterly to the channel of Hitchcock Creek; thence up the channel of Hitchcock Creek about 6000 feet; thence northeasterly passing North of the J. E. Covington club house about 2900 feet to the run of Big Branch; thence up the run of Big Branch about 600 feet to the northwest right of way of the Old Roberdel Road; thence with the northwest right of way of the Old Roberdel Road northeasterly 800 feet; thence South 39 degrees 20 minutes East 308 feet to the southeast corner of Lot No. 7, Block 'A' of the H. W. Snead Subdivision (Plat Book 4, Page 120); thence southwesterly about 50 feet crossing the right of way of the Rockingham Railroad; thence to and with the western line of Lot No. 20, Block 'C' of the H. W. Snead Subdivision South 42 degrees 00 minutes East crossing the right of way of the new Roberdel Road 1104 feet to the eastern right of way of said Road; thence with the eastern right of way of said new Roberdel Road South 24 degrees 00 minutes West about 2135 feet to the run of Surginor Branch; thence up the run of Surginor Branch in an easterly direction about 450 feet; thence in a southwesterly direction along the rear lines of Lots 14, 15, 16, 17, 18, 19, 20 Block 'A', Mary L. Steele Property (Plat Book 3, Page 201) 951.8 feet to the northeast corner of Lot No. 4; thence as the eastern line of said Lot No. 4, South 25 degrees 00 minutes East 202 feet to the northern right of way of U. S. Highway #1, the southeast corner of Lot No. 4; thence in a southeasterly direction crossing U. S. Highway #1 about 60 feet to the northwest corner of Lot No. 3, Mary L. Steele Subdivision, Plat Book 4, Page 16; thence with the western line of Lot No. 3 South 25 degrees 00 minutes East 296.5 feet to the southwest corner of Lot No. 3; thence in a southeasterly direction about 1270 feet to the northeast corner of the Connie Mathis property; thence in a southerly direction including the Connie Mathis Property, Sunset Park and the Otto Reynolds residence about 900 feet to the southern right of way of East Washington Street; thence with the southern right of way of East Washington Street South 89 degrees 00 minutes West about 2000 feet to a small branch; thence down said small branch in a southwesterly direction about 325 feet to an iron stake, a corner of the M. L. Hinson Property; thence South 18 degrees 30 minutes West to and with the eastern line of Elizabeth Avenue South 47 feet; thence with the eastern edge of Elizabeth Avenue South 17 degrees 50 minutes West 485 feet to North prong of Falling Creek; thence down the run of the South prong of Falling Creek in a westerly direction about 300 feet to the boundary line between the M. L. Hinson Property and Glenwood Park Subdivision; thence with the line between said properties due South about 1456 feet crossing Hospital Road to an iron stake in said line, the southeast corner of the Raymond B. White Property; thence with the Raymond B. White Property lines as follows: South 89 degrees 00 minutes West 265.4 feet.; North 1 degree 00 minutes West 200 feet; South 89 degrees 00 minutes West 200 feet to the East edge of McArthur Drive; thence with the East edge of McArthur Drive North 4 degrees 52 minutes West 211.7 feet; thence with Raymond B. White's line North 74 degrees 30 minutes East and beyond and crossing Hospital Road 496 feet to a point and East edge of Hospital Road; thence North 8 degrees 5 minutes East 53.3 feet; thence North about 880 feet to the run of the North prong of Falling Creek; thence down the run of the North prong of Falling Creek about 1575 feet in a southwesterly direction to a concrete monument, the same being the northeast corner of a Tract No. 15 of Glenwood Subdivision, Plat Book 4, Page 70; thence with the East line of said Tract No. 15 and beyond South 11 degrees 42 minutes East 761.2 feet to the South edge of McArthur Drive; thence along the South edge of McArthur Drive westerly about 625 feet; thence crossing McArthur Drive to and with the West line of Tract No. 16, Glenwood Subdivision North 20 degrees 00 minutes West 394 feet to iron stake in said line, the same being the southeast corner of Lot No. 7, Block 'B' of the D. J. Henry-A. A. Ellwanger Subdivision, Plat Book 6, Page 95; thence along the rear lot lines of Lots 5, 6, 7, Block 'B' South 66 degrees 36 minutes West 306 feet to the southwest corner of Lot No. 5; thence along the West lines of Lot No. 5 and the West line of Lot No. 9, Block 'A' North 23 degrees 34 minutes West 741.3 feet to the run of the North prong of Falling Creek; thence down the run of the North prong of Falling Creek about 900 feet to a corner of Block 'H' Leak Realty Company Subdivision; thence with the rear lot lines of Lots 1 through 19, Block 'H' South 45 degrees 10 minutes East 755 feet to the East edge of Mial Street; thence with the East edge of Mial Street North 44 degrees 50 minutes East 130 feet; thence with the rear lot lines of Lots 22 through 45 Block 'F' Leak Realty Company South 42 degrees 45 minutes East 610.8 feet; thence with the rear lot lines of Lots 1 through 22, Block 'F' South 35 degrees 29 minutes East crossing Pickett Street 592.2 feet; thence with the South edge of Pickett Street South 52 degrees 02 minutes West 359.3 feet; thence South 49 degrees 17 minutes East 689.6 feet to the northeast corner of Lot No. 1, Block 'D' Leak Realty Company Subdivision; thence North 43 degrees 23 minutes East to, with and beyond the western edge of John Street 513.8 feet to the northern edge of the right of way of Old U. S. Highway #74; thence with the northern edge of the right of way of Old U. S. Highway #74 in a southeasterly direction about 2440 feet; thence crossing Old U. S. Highway #74 and new U. S. Highway #74 to and with the western boundaries of the Maplewood Subdivision, Rockingham Realty Company Property the following courses and distances: South 24 degrees 48 minutes West 1825 feet; South 8 degrees 15 minutes East 557.5 feet; South 74 degrees 39 minutes West 134 feet; South 55 degrees 04 minutes West 79 feet; South 37 degrees 43 minutes West 539 feet; South 37 degrees 02 minutes West 136 feet; South 30 degrees 42 minutes West 160.4 feet; South 49 degrees 50 minutes West 201 feet to the mouth of a small branch on the South prong of Falling Creek, the northwest corner of the Rockingham Realty Company land; thence southwesterly about 500 feet to the northeast edge of the right of way of the S. A. L. Railroad; thence with the northeast edge of the right of way of the S. A. L. Railroad in a northwesterly direction about one mile; thence crossing said right of way South 50 degrees 26 minutes West to and with the line of the J. P. Stevens Property about 1860 feet; thence with J. P. Stevens line North 13 degrees 07 minutes West 76.9 feet; thence with J. P. Stevens lines South 50 degrees 24 minutes West 149.9 feet, a corner of the F. W. King Property; thence with the Frederick W. King Property South 40 degrees 06 minutes West 195.4 feet to a concrete monument of the northeast edge of Mill Road; thence with the northeast edge of Mill Road in a southeasterly direction about 220 feet; thence in a southwesterly direction crossing Mill Road about 1020 feet to an iron stake on the East edge of Sandhill Road, Paul Scholl's southwest corner; thence crossing Sandhill Road in a northwesterly direction about 100 feet to a point on the West side of Sandhill Road; thence westerly 250 feet; thence northerly 100 feet to Mrs. Elizabeth Cole Davis' line; thence with her line westerly about 585 feet to her southwest corner; thence in a northerly direction crossing U. S. Highway #1 with the old property line between the C. C. Covington land and the Chalk property about 2175 feet to the northern edge of Midway Road; thence in an easterly direction with the North edge of Midway Road North 85 degrees 30 minutes East about 325 feet to the eastern edge of Watson Street; thence with the East edge of Watson Street North 1 degree 00 minutes West 208 feet to the northwest corner of W. I. Robbins lot; thence with the North line of the W. I. Robbins lot North 85 degrees 30 minutes East about 400 feet to the West edge of Cole Avenue; thence with the West edge of Cole Avenue about North 1 degree 00 minutes West about 685 feet; thence crossing Cole Avenue in an easterly direction about 240 feet to the southeast corner of the Myrtle Porter lot and the northwest corner of the David Smith lot; thence North 1 degree 00 minutes West about 30 feet to the South edge of Bryan Street; thence with the South edge of Bryan Street in a westerly direction crossing Cole Avenue about 250 feet to a point on the West edge of Cole Avenue; thence with the West edge of Cole Avenue in a northerly direction about 400 feet to the high water mark on the South edge of Great Falls Pond; thence with the high water mark on the South side of said pond to the Great Falls Dam; thence down the run of Falling Creek in westerly direction about 750 feet to the beginning.

"ARTICLE III. CHARTER AMENDMENTS.

"Sec. 3.1. Incorporation of Amendments. (a) As soon as possible after the adjournment of each General Assembly, the City Attorney shall present to the City Council copies of all local laws relating to the City of Rockingham that were enacted by such General Assembly, whether or not amending in terms this Charter, which he recommends be incorporated into this Charter. Such recommendations may include suggestions for renumbering or rearranging the provisions of such laws, for providing titles and catch lines, and for such other changes in arrangement and form that do not change the law as may be necessary to implement the purpose of this Article.

"(b) After considering the recommendations of the City Attorney, the City Council may provide for the incorporation of such laws into this Charter.

"(c) The purpose of this Section is to enable the City to maintain at all times a current and accurate City Charter, organized in clear and orderly fashion, and embracing all pertinent local laws relating to the City.

"ARTICLE IV. MAYOR AND CITY COUNCIL.

"Sec. 4.1. Composition of the City Council. (a) The voters of the City of Rockingham, in Richmond County, shall at the regular municipal election on the first Tuesday after the first Monday in May, 1965, and biennially thereafter, elect a Mayor and members of the City Council as hereinafter provided.

"(b) The Mayor and the members of the City Council shall be elected from the City at large.

"(c) The person receiving the highest number of votes for the office of Mayor shall be declared elected.

"(d) The Mayor shall take the required oath of office before the City Clerk to perform faithfully the duties of the office of Mayor and as required by the general laws of North Carolina.

"(e) The Mayor shall be the official head of the City and shall preside at all meetings of the City Council. In the absence or the disability of the Mayor, the Mayor Pro Tem shall perform his duties. In the absence or disability of both the Mayor and the Mayor Pro Tem the Council shall designate one of its members to perform such duties. In the event of the resignation of the Mayor the members of the Council shall by a majority vote elect a Mayor as provided by the General Statutes of the State of North Carolina.

"(f) The City Council shall consist of five (5) members. In the regular municipal election on the first Tuesday after the first Monday of May, 1965, two candidates shall be elected for four-year terms, and one candidate shall be elected for a two-year term. In the regular municipal election on the first Tuesday after the first Monday of May, 1967, and each regular municipal election held biennially thereafter, two candidates shall be elected for four-year terms, and one candidate for a two-year term. Members shall serve until their successors are elected and qualify. Candidates for election as members of the City Council shall announce, at the time of filing notice of candidacy, the length of term for which they are a candidate, and shall be elected only for the term for which they have announced. In each general election, the two candidates receiving the highest number of votes for the four-year terms, and the one candidate receiving the highest number of votes for the two-year term shall be declared elected for these respective terms.

"Sec. 4.2. Organization of City Council; Oaths of Office. The City Council shall at 8:00 o'clock P. M. on the evening following the date of their election meet and organize for the transaction of official municipal business. Before entering upon their offices the Councilmen shall severally take the required oath before the City Clerk to perform faithfully the duties of their respective offices. Any elected Councilman not present at the organization meeting may take the oath of office within thirty (30) days, and the failure on the part of any elected Councilman to take said oath within thirty (30) days forfeits his right to the office and the Council shall have the authority to fill the vacancy.

"Sec. 4.3. Qualifications; Terms; Vacancies. (a) No person shall be eligible to be elected to the office of Mayor or to serve on the City Council unless he is a qualified voter under the election laws as prescribed by the General Statutes of the State of North Carolina, and shall have resided within the corporate limits of the City of Rockingham for thirty (30) days immediately preceding the regular municipal election.

"(b) If any elected Council member shall refuse to be qualified or if there is any vacancy in the office of Councilman after election and qualification, or if any Councilman is unable to discharge the duties of his office, the remaining members of the Council shall elect some person to serve as Councilman in the place of the member causing the vacancy until the next regular municipal election. At the next regular municipal election following the creation of the vacancy, candidates for the vacated office shall file in the manner herein provided for candidates seeking regular terms on the Council, but shall file only for the remainder of the unexpired term of the member causing the vacancy. The person receiving the highest number of votes for the election to the office of the person causing the vacancy shall be elected for the remainder of the unexpired term, and until his successor is elected and qualified.

"Sec. 4.4. Election of Mayor Pro Tem. (a) The Mayor Pro Tem shall be elected by the City Council from among its own members and he shall hold such office for the term for which he has been elected to the Council. In the absence, disability, or resignation of the Mayor, the Mayor Pro Tem shall, to the extent permitted by the General Statutes of the State of North Carolina perform the Mayor's duties, and until a Mayor has been selected as provided in Article IV, Section 4.1(e) of this Charter.

"Sec. 4.5. Rules of Council; Journal of Proceedings. The City Council shall determine its own rules and order of business, and shall cause to be kept a journal of its proceedings.

"Sec. 4.6. Council Members to Hold No Other Offices. Neither the Mayor nor any member of the City Council shall hold any other office or position of trust, profit, or honor under the City government.

"Sec. 4.7. Meetings of the City Council. (a) The City Council shall fix suitable times for its regular meetings, which shall be at least as often as once monthly. The Mayor, or any two Council members may at any time call a special meeting by signing a written notice stating the time of the meeting, to be delivered to each member or left at his usual dwelling place at least six hours before the meeting. Meetings of the Council may also be held at any time when all members are present and consent thereto. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

"(b) All meetings of the City Council shall be public meetings and as prescribed by the General Statutes of the State of North Carolina.

"Sec. 4.8. Quorum; Votes. (a) A majority of the members elected to the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members.

"(b) The affirmative vote of a majority of the Council members shall be necessary to adopt any ordinance or to authorize the expenditure of money. All other matters voted upon shall be decided by a majority vote of the Council members present.

"(c) No members of the Council shall be excused from voting on any matter involving his own official conduct.

"Sec. 4.9. Exercise of City Powers. (a) The City Council shall direct the exercise of all of the powers of the City, except as otherwise provided by this Charter.

"(b) In addition to the specific powers herein conferred, and to other powers conferred upon it by general law, the City Council may adopt and provide for the execution of such ordinances, rules, and regulations, not inconsistent with this Charter, as may be necessary or appropriate for the preservation and promotion of the health, safety, comfort, convenience, good order, better government, and the general welfare of the City and its inhabitants.

"Sec. 4.10. Compensation for the Mayor and Council. The Mayor shall receive for his services such salary as the Council shall determine from time to time. The members of the Council may establish a salary for its members. The salary of the Mayor and the salaries of the Council may be reduced but no increase therein shall be made to take effect during the term in which the increase is voted and such increase shall apply only to the terms of the members taking office after the next subsequent election.

"ARTICLE V. NOMINATION AND ELECTION PROCEDURE.

"Sec. 5.1. Registration by Voters for the Election of City Officials. (a) The City Council shall, at a regular meeting in March of each odd-numbered year, appoint a registrar and two judges of election for each precinct in the City. Any vacancy occurring among the election officials may be filled either by the City Council, provided that any vacancies occurring in any precinct on the day of the regular municipal election may be filled by the remaining election officials of such precinct.

"(b) The City Council may at this regular meeting in March of each odd-numbered year decide where each precinct shall be located in Rockingham; the number of precincts necessary to accommodate the electorate; and if one or more precincts should be merged with another precinct. Notice of Council action relating to precincts shall be publicized twenty (20) days prior to the regular municipal election in the newspapers of Rockingham.

"(c) The registration books for the registration of voters shall be open for a period of seven (7) days, Sunday excluded, which period of time shall include and end on the second Saturday preceding the day of the election. The registration books shall be open on each Saturday during the registration period at the respective polling places. On other days during the period, excluding Sunday, the registration books shall be open at the home or usual place of business of the respective registrar in each precinct. On each day of registration, the registration book shall be open from 9:00 o'clock A. M. until 5:00 o'clock P. M., provided that on the last day of registration, the books shall remain open until 6:30 o'clock P. M.

"(d) The City Clerk shall cause to be published in a newspaper having general circulation in the City, at least two (2) weeks prior to the first day of registration, a notice stating the dates when the registration books will be open, the names of the registrars, the locations of the polling places, and the date of the regular municipal election.

"(e) Any person seeking to register shall be allowed to register if he complies with the North Carolina General Statutes 163-24 through 163-29, and amendments thereto.

"(f) Any person who is denied registration for any reason may appeal the decision of the registrar to the City Council and the City Council shall extend to any such person all rights and privileges as provided in the North Carolina General Statutes 163-1 through G. S. 163-28.3, and any amendments thereto.

"(g) Challenge day shall be the Saturday preceding the day of the election, and the registration books shall be open at the polling place in each precinct on such day for the inspection of electors and the challenging of any person registered. Challenges shall be heard and determined by the election officials as provided by general law governing elections for members of the General Assembly.

"Sec. 5.2. Notice of Candidacy. Each candidate for Mayor or for membership on the City Council or on the Rockingham City School Board shall file with the City Clerk, not later than 5:00 o'clock P. M. on the fifteenth day next preceding the day of the regular municipal election, written notice of his intention to be a candidate. Such notice shall be in substantially the following form:

"State of North Carolina, County of Richmond

I, ______________________, hereby give notice that I reside at _____________ Street, City of Rockingham, North Carolina, and hereby give notice that I am a candidate for election to the office of (Mayor or member of the City Council, or member of the Rockingham City School Board) to be voted upon at the regular municipal election to be held on the first Tuesday after the first Monday in May, namely May _______, 19_____.

This the __________ day of _________________, 19_____.

(Signature)

"Any person filing notice of candidacy for the office of Mayor shall, at the same time, pay the City Clerk the sum of five dollars ($5.00); any person filing notice of candidacy for member of the City Council shall pay to the City Clerk the sum of five dollars ($5.00); any person filing notice of candidacy for the School Board of the Rockingham City School Administrative Unit shall pay to the City Clerk the sum of three dollars ($3.00), which filing fees shall be turned over to the Treasurer of the City of Rockingham to help defray the cost of conducting the election; and timely payment of such fee shall be a condition precedent to participate as a candidate in such election. There shall not be any refund of any filing fee so paid.

"Sec. 5.3. Regular Municipal Election. (a) Paper Ballots. Immediately upon the expiration of time for filing as a candidate for the offices to be filled, the Clerk shall thereupon cause the ballots to be printed and authenticated with facsimile of his signature. Upon the ballot the names of the candidates for Mayor, arranged alphabetically, shall be placed with a square at the left of each name and immediately below the words 'Vote for One'.

"The Clerk shall likewise arrange in alphabetical order the names of the candidates to be elected to membership to the City Council and indicate the number of Councilmen to be elected.

"Like provision shall be made for the names of the candidates to be elected to the Rockingham City School Board, and the names of candidates for each and any other elective office provided by law.

"The ballots shall be printed upon white paper and shall be headed: 'Candidates for Election to Mayor, Councilmen, and School Board of the City of Rockingham, North Carolina'.

"(b) Automatic Voting Machines. Under authority of the General Statutes 163-187.1 and amendments thereto, the Council may, instead of using paper ballots, as described in Section 7.3 (a), cause to be used automatic voting machines in the designated precincts for the regular municipal elections of the City of Rockingham. The use of any voting machines approved by the State Board of Elections in the regular municipal elections of the City of Rockingham shall be as valid as the use of paper ballots by the voters.

"The City Clerk shall supervise and provide the necessary information for the automatic voting machines indicating the candidates for Mayor, the City Council, and members of the City School Board in substantial conformity to the arrangement of the names of the candidates as described in subsection (a) of this Section.

"The City Clerk shall, prior to the casting of any vote in a regular municipal election, certify to the election officials that the automatic voting machines used in each precinct are in good working condition, and that the said voting machine used in each precinct has not been improperly used or tampered with prior to the election to be held. The election officials shall first be satisfied as to the correctness of the certification of the City Clerk; the election officials shall see that the automatic voting machine is properly locked before any vote is cast and that said automatic voting machine shall not be tampered with until the last vote is cast at the closing of the polls.

"The election officials holding the regular municipal elections for the City of Rockingham shall be governed by the rules and regulations for the handling and operation of voting machines as prescribed by the North Carolina State Board of Elections and the General Statutes 163-187.1; 163-187.2; 163-187.3; 163-187.4, and all amendments thereto.

"Sec. 5.4. Ballots Counted. Judges of elections shall immediately upon the closing of the polls count the ballots and ascertain the number of votes cast for each of the candidates and make due return thereof to the City Clerk upon blanks to be furnished by the Clerk within six hours of the closing of the polls.

"Sec. 5.5. New Registration. It shall be the duty of the City Council to cause registration to be made of the qualified voters residing within the corporate limits as prescribed for the registration of voters for general elections in the North Carolina General Statutes 160-34 and 160-35, and amendments thereto.

"ARTICLE VI. ADMINISTRATIVE OFFICERS AND PERSONNEL.

"Sec. 6.1. Appointment and Removal of Department Heads and Employees; Salaries. (a) The City Council, except as may be delegated to Department Heads from time to time, shall appoint and may suspend and remove all City employees and heads of departments, and, in its discretion, may employ consultants of any kind when needed.

"(b) All salaries and compensation shall be fixed or approved by the Council.

"(c) City employees and department heads shall perform such duties as may be required of them under the general direction and regulations of the Council.

"(d) The Council reserves the right to provide that upon the recommendation of a Department Head any employee shall be given the right to present his grievance to the Council.

"Except for the purpose of inquiry or for consultation with the City Attorney, the Council and its members shall deal with the administrative service through the City Clerk or the Department Heads, either publicly or privately.

"Sec. 6.2. City Attorney. The City Attorney shall be appointed by the City Council, and shall have the following duties: (1) to serve as legal advisor to the City Council, the Clerk, the Treasurer, the Tax Collector, and all City departments, officers and agencies; (2) to represent as Counsel the City, its officers, agents or employees, in any legal action arising out of or connected with the proper functions of the City, unless disqualified so to act; (3) to draft such ordinances, resolutions and documents as requested by the Council.

"Sec. 6.3. City Clerk. The City Clerk shall be appointed by the City Council, and shall have the following duties: (1) to act as Clerk to the Council, to attend all meetings thereof, and to maintain a permanent record of all proceedings thereof; (2) to keep the books of account of the City.

"Sec. 6.4. City Treasurer. The City Treasurer shall be appointed by the City Council, and shall receive and keep all moneys belonging to the City and disburse the same according to law, and keep the Council advised of the status of all funds.

"Sec. 6.5. City Tax Collector. The City Council shall appoint a Tax Collector for the City, who shall be charged with the collection of all taxes and assessments.

"Sec. 6.6. Consolidating of Functions of Certain Offices. The City Council may, in its discretion, consolidate the offices of City Clerk, City Treasurer, and City Tax Collector, and may assign the functions of any one of these offices to the holder of any other of these offices.

"Sec. 6.7. Oath of Office Required. Before entering upon the discharge of their duties, the holders of the following offices and positions shall be required to take the oath prescribed for public officers, before the Mayor or the City Clerk: The City Clerk, City Treasurer, Tax Collector, any assistant City Clerk or assistant Tax Collector, or assistant City Treasurer, Chief of Police and each member of the police force, the Building Inspector and all employees empowered to enforce the building code.

"ARTICLE VII. TAXATION.

"Sec. 7.1. Powers of Taxation. The City shall have all taxing power and authority delegated to municipal corporations by general law.

"Sec. 7.2. Payment of Delinquent Taxes into General Fund. The City Council may, in its discretion, direct the payment into the General Fund of the City all or any part of the proceeds of ad valorem taxes which are, when collected, three or more years delinquent.

"Sec. 7.3. Additional Remedies for Collection of Privilege License Taxes. In addition to any other civil or criminal remedy available to enforce the collection of privilege license taxes, the Tax Collector may employ the remedies of levy upon personal property, attachment, and garnishment, in the manner and subject to the limitations provided by general law for the collection of ad valorem taxes.

"ARTICLE VIII. STREET IMPROVEMENTS:

ASSESSMENTS FOR COST.

"Sec. 8.1. In addition to any authority which is now or may hereafter be granted by general law to the City of Rockingham for making street improvements, the City Council is authorized to make street improvements, and assess the cost thereof against abutting property owners in accordance with the provisions of this Article.

"Sec. 8.2. When Petition Unnecessary. The City Council may order street improvements and assess the cost thereof, exclusive of the cost incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the findings by the Council as a fact:

"(a) That the street improvement project does not exceed twelve hundred lineal feet; and

"(b) That such street or part thereof is unsafe for vehicular traffic and it is in the public interest to make such improvement; or

"(c) That it is in the public interest to connect two streets or portions of a street already improved; or

"(d) That it is in the public interest to widen a street or part thereof, which is already improved, provided, that assessment for widening any street or portion of street without petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the City's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Section.

"Sec. 8.3. Street Improvements Defined. For the purposes of the preceding Section, the term 'street improvements' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, and the construction or reconstruction of curbs, gutters and street drainage facilities.

"Sec. 8.4. Assessment Procedure. In ordering street improvements without a petition and assessing the cost thereof under authority of this Article, the City Council shall comply with the procedure provided by Article 9, Chapter 160 of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.

"Sec. 8.5. Effect of Assessments. The effect of the act of levying assessments under the authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.

"ARTICLE IX. ESTABLISHMENT OF PROPOSED STREET LINES.

"Sec. 9.1. Authority to Establish Proposed Street Lines. Whenever, in the opinion of the City Council, it is in the best interest of the City to do so, the Council may make provision for the ultimate widening or extension or both of existing streets and for the opening of new streets, and for the gradual acquisition of the lands necessary for such improvements, in accordance with the procedure established by this Article.

"Sec. 9.2. Platting of Proposed Street Lines. From and after the time of adoption of a major street plan by the City Council and the State Highway Commission pursuant to provisions of G. S. 136-66.2, and as amended, the City Council shall have power to request, make, or cause to be made, from time to time, surveys for the exact locating of the lines of new, extended, widened, or narrowed streets and highways in the whole or any portion of the City and the area within one mile outside of its corporate boundaries. Personnel making such surveys are empowered to enter upon lands, make examinations or surveys, and place and maintain necessary monuments thereon, at reasonable times and with due care for the property. A plat or plats of the area or areas thus surveyed shall be prepared on which are indicated the locations of the lines recommended as the planned or mapped lines of future streets, street extensions, street widenings or street narrowings. The preparation of such plat or plats shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

"Sec. 9.3. Adoption of Official Map; Hearing; Notice. Following the preparation of such plats, the City Council may officially adopt a map or maps of planned new streets and highways, extensions, widenings, narrowings, or vacations of streets within the City and the area within one mile outside of its corporate boundaries. Before taking any such action, the Council shall hold a public hearing thereon, notice of the time and place of which shall have been given once a week for two successive weeks in a newspaper published in the City, or if there be no newspaper published in the City, by posting such notice at four public places in the City and at four public places within the affected area outside of the corporate boundaries. Said notice shall be published or posted for the first time not less than fifteen (15) days prior to the date fixed for said hearing. Following adoption of such a map or maps, the Council shall certify a copy to the Register of Deeds of Richmond County, which copy shall be duly filed. The placing of any street or street line upon any official map or maps shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

"Sec. 9.4. Right of City to Acquire Property Before Improvement. From and after the time of adoption and certification to the Register of Deeds of any such map or maps, it shall be unlawful to build upon any land within the lines of proposed streets shown thereon or to repair or otherwise improve any existing buildings within said lines until the City Council shall have been given an opportunity to purchase or otherwise acquire said property for street purposes as provided by this Article. To that end, any person proposing to build upon such land to make repairs or improvement to any existing building on such land shall, in writing, notify the City Council of the nature and estimated cost of such building, repairs, or improvements. The Council shall then determine whether it will take the necessary steps to acquire said land prior to construction of said building or the making of said repairs or improvements. If the Council fails, within sixty (60) days from the receipt of such notice, to acquire, adopt a formal resolution directing an appropriate officer to acquire, or institute condemnation proceedings to acquire said property, then the owner or other person giving notice may proceed to erect the building or to make the repairs or improvements described in said notice. The Building Inspector is authorized to withhold and refrain from issuing, for a period not exceeding sixty (60) days from receipt by the Council of the notice herein prescribed, any building permit for the erection of any building within the said lines, or for the making of any repairs or improvements to existing buildings within said lines.

"Sec. 9.5. Failure to Give Notice Bars Recovery for Value of Improvements. If any person, firm or corporation builds upon any land included within said proposed street lines, or repairs or otherwise improves that part of any existing building within said lines, without giving the City Council an opportunity to acquire said property free from improvements, as provided in Section 9.4 of this Article, the Council shall not be required to pay for the value of said buildings, repairs, or improvements in any proceeding subsequently brought to acquire the land for the purpose shown on the officially adopted map or maps.

"Sec. 9.6. Failure of City to Act; No Limit to Subsequent Condemnation. The failure of the City Council to take action under Sections 9.4 and 9.5 of this Article within sixty (60) days after notice shall not have the effect of limiting the right of the Council at any subsequent time to condemn the same. In such case, however, the owner shall be entitled to full compensation as now provided by law for the building, repairs, or improvements made after the failure of the Council to take action within the prescribed period.

"ARTICLE X. ZONING.

"Sec. 10.1. Extraterritorial Zoning. The City Council shall have such authority to enact zoning regulations as is granted by the general law and as provided by North Carolina General Statutes 160-181.2 and amendments thereto.

"ARTICLE XI. PARKING AND PARKING FACILITIES.

"Sec. 11.1. Authority to Regulate Off-Street Parking. The City Council shall have power and authority to enact ordinances for the regulation of the use by vehicles of:

"(a) Municipally owned or leased off-street parking areas and facilities;

"(b) Publicly owned off-street parks, outdoor recreation areas, and yards and grounds occupied by public buildings; and

"(c) Privately owned areas permissively used by the general public for parking or street purposes.

"Sec. 11.2. Civil Penalties. In the exercise of the authority granted by Section 11.1, the City Council shall have authority to make and provide civil penalties for violations of such ordinances, not exceeding the penalties provided by general law for the violation of municipal ordinances.

"Sec. 11.3. Towing of Vehicles from Off-Street Area; Charges. The City Council may, in addition to providing civil penalties, provide that such vehicles in violation of parking regulations at any of the places designated in Sections 11.1 and 11.2 of the Article, may be towed away and the owner or person responsible therefor required to pay the resulting towing and storage charges.

"Sec. 11.4. Towing of Vehicles from Streets; Charges. The City Council may provide by ordinance that vehicles stalled, wrecked, abandoned, or illegally parked upon any public street may be removed therefrom by having the same towed away to such place as may be designated by a Council-appointed City official and to require that the owner or person responsible therefor pay the resulting towing and storage charges.

"Sec. 11.5. Registration Prima Facie Evidence of Responsibility. The ownership of any vehicle as established by its registration with the North Carolina Department of Motor Vehicles shall be prima facie evidence as to the person, firm or corporation responsible, for violating the provisions of any ordinance adopted in accordance with the powers granted in this Article.

"Sec. 11.6. Towing and Storage Facilities. In the implementation of the authority granted by this Article relating to the removal and storage of vehicles, the City Council may provide such towing and storage facilities by and through its own forces, equipment and property, as well as by contract with independent towing and storage contractors and operators, and the City Council may appropriate and use reasonable sums of public funds to defray the necessary expenses thereof.

"ARTICLE XII. TRAFFIC BUREAU.

"Sec. 12.1. Authority of City Council to Establish Traffic Bureau. (a) The City Council may by ordinance establish a Traffic Bureau to process and collect civil penalties provided for violations of traffic and parking ordinances of the City.

"(b) No State tax shall be paid to the State of North Carolina in cases finally disposed of by the Traffic Bureau.

"(c) All civil penalties collected in the Traffic Bureau shall be paid into the General Fund of the City.

"ARTICLE XIII. POLICE.

"Sec. 13.1. Police Jurisdiction Extended. (a) The jurisdiction of the police force is hereby extended to include all territory outside and within two miles of the corporate limits, and all members of the police force shall have within each territory all rights, power, and authority, as they now have within the corporate limits.

"(b) The jurisdiction of the police force is hereby extended to include all City-owned property and facilities, whether located within or outside the corporate limits, and all members of the police force shall have upon and within such property and facilities all rights, power and authority as they now have within the corporate limits.

"Sec. 13.2. Warrant Officers. The City Council is authorized to designate as warrant officers two police officers assigned to inactive police duty. The warrant officers so designated shall have power to issue process for the apprehension of persons charged with any criminal offense committed within the City police jurisdiction. They shall have the same powers as are conferred upon the persons named in Chapter 15, Sections 15-18 of the General Statutes, except that such powers shall be limited to the City's police jurisdiction.

"ARTICLE XIV. SIDEWALKS.

"Sec. 14.1. City May Clean or Repair After Notice; Charges a Lien. The City Council may, by ordinance, establish a procedure whereby City forces may clean or repair any sidewalk upon failure of the abutting property owner after ten days' notice to do so. In such event, the cost of such cleaning or repair shall become a lien upon the abutting property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the City or by foreclosure of the lien in the same manner and subject to the same rules, regulations, cost and penalties as provided by law for the foreclosure of the lien on real property for ad valorem taxes.

"ARTICLE XV. REFUSE, WEEDS, AND TRASH.

"Sec. 15.1. Property Kept Free of Offensive Matter. It shall be the duty of every property owner in the City to keep his property free from noxious weeds, trash, and all other forms of offensive animal or vegetable matter or refuse which may be dangerous or prejudicial to the public health or which may constitute a public nuisance.

"Sec. 15.2. Removal of Offensive Matter; Charges a Lien. The City Council may by ordinance establish a procedure whereby City forces may clean, cut, and remove any weeds, trash, refuse or other offensive matter from any property upon failure of the owner or occupant after ten days' notice to do so. In such event, the cost of such cleaning, cutting and removal shall become a lien upon the particular property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the City or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs and penalties as provided by law for the foreclosure of the lien on real property for ad valorem taxes.

"ARTICLE XVI. PURCHASING AND CONTRACTS.

"Sec. 16.1. Provisions of General Law Govern. All contracts of the City for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment shall be made in compliance with the requirements of Article 3, Chapter 143 of the General Statutes.

"Sec. 16.2. Conflict of Interest. No officer, department head, employee, or board or commission member shall make or participate in the making of any contract with the City in which he may be in any manner financially interested, directly or indirectly. Any such person who has such an interest in any proposed contract shall make known that interest. The wilful concealment of such a financial interest or the wilful violation of this Section shall constitute malfeasance in office or position, and any violator shall forfeit his office or position. Violation of this Section with the knowledge express or implied of the person, firm, or corporation contracting with the City shall render the contract void.

"ARTICLE XVII. CLAIMS AGAINST THE CITY.

"Sec. 17.1. Presentation of Claims; Suit upon Claims. (a) All claims or demands against the City of Rockingham arising in court shall be presented to the City Council in writing, signed by the claimant, his attorney or agent, within ninety (90) days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within thirty (30) days or after the expiration of twelve (12) months from the time said claim or demand is so presented. Unless the claim or demand is so presented within ninety (90) days after the cause of action accrues, and unless suit is brought within twelve (12) months thereafter, any action thereon shall be barred.

"(b) No action shall be instituted against the City on account of damages to or compensation for real property taken or used by the City for any public purpose of any kind unless, within two (2) years after such alleged use, the owner, his executor, administrator, guardian or next friend shall have given notice in writing to the City Council of the claim, stating in the notice the date that the alleged use commenced, a description of the property alleged to have been used, and the amount of damage or compensation claimed.

"(c) Notwithstanding the provision of subsections (a) and (b) of this Section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six (6) months after the termination of the incapacity, provided that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three (3) years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six (6) months after termination of the incapacity, or within three (3) years after the happening or the infliction of the injury complained of, whichever is the longer period. The City may at any time request the appointment of a next friend to represent any person having a potential claim against the City and known to be suffering from physical or mental incapacity.

"Sec. 17.2. Settlement of Claims by City Clerk or Treasurer. The City Clerk or Treasurer, as authorized by the governing body of the City, may settle claims against the City for: (1) personal injury or damages to property when the amount involved does not exceed the sum of __________________ and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expense actually incurred, and (2) the taking of small portions of private property which are needed for the rounding of corners at street intersections, when the amount involved in any such settlement does not exceed __________________ and does not exceed the actual loss sustained. Any settlement of a claim by the City Clerk or Treasurer pursuant to this Section shall constitute a complete release of the City from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident occasion, or taking complained of. All such releases shall be approved by the City Attorney.

"ARTICLE XVIII. MISCELLANEOUS.

"Sec. 18.1. Signing of Warrants or Orders for Payment. Either the City Clerk, or any bonded official of the City of Rockingham and who is authorized by the City Council may sign warrants or orders for payment on the City Treasury or depository. In addition, in the absence of the City Clerk or other qualified and authorized official, such warrants or orders may be signed by the Mayor.

"Sec. 18.2. City Depositories; Signatures to Vouchers; Surety Bonds. The City Council from time to time shall have the power to designate depositories to receive any and all funds collected or paid to the City Treasurer. The City Council shall determine from time to time what security shall be required for funds placed in a depository. The City Treasurer is authorized and empowered to sign vouchers for all obligations of the City. The Council may from time to time designate other officials of the City of Rockingham to sign vouchers in behalf of the City. The City Council shall designate what officials of the City of Rockingham shall furnish surety bonds and the amount of said bonds.

"Sec. 18.3. Bond Elections. The conduct of bond elections shall be governed by the provisions of general law relating to municipal bond elections.

"Sec. 18.4. Cemetery Regulations. The City Council may provide rules and regulations for the use of all City cemeteries, whether located within or outside the corporate limits, and such rules and regulations shall be enforced by the police force within said cemeteries as City ordinances.

"Sec. 18.5. Interments Within City. The City Council may regulate or prohibit interments within the corporate limits, and may prohibit interments within the corporate limits elsewhere than in City-owned cemeteries."

Sec. 2. The purpose of this Act is to revise the Charter of the City of Rockingham and to consolidate into it certain local acts concerning the property, affairs, and government of the City of Rockingham. It is intended to continue in force without interruption those provisions of prior local acts which are consolidated into this Act, so that all right and liabilities that have accrued are preserved and may be enforced.

Sec. 3. This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following Acts, or amendments thereto, even though such Acts or amendments are not expressly set forth herein:

(a) Any Acts concerning the property, affairs or government of the Rockingham City Schools or school system;

(b) Any Acts validating, confirming, approving or legalizing official proceedings, actions, contracts, or obligations of any kind;

Sec. 4. The following Acts, having served the purposes for which enacted, or having been consolidated into this Act, are hereby repealed: Chapter 1, Session Laws 1908 (Extra Session) (Commission Sale Bonds); Chapter 439, Public Laws of 1909 (Gift to Monument); Chapter 363, Session Laws of 1909 (Advertising Town); Chapter 265, Session Laws of 1911 (Gift to Monument); Chapter 277, Session Laws of 1911 (Mayor's Salary); Chapter 238, Session Laws of 1923 (Bonds Lieu Taxes); Chapter 88, Session Laws of 1929 (Mayor, Salary and Duties); Chapter 148, Session Laws of 1929 (Tax for Development); Chapter 152, Session Laws of 1931 (Tax for Development); Chapter 238, Session Laws of 1933 (Bonds in Lieu of Taxes); Chapter 8, Session Laws of 1937 (Flying Club); Chapter 209, Session Laws of 1937 (Police Jurisdiction); Chapter 282, Session Laws of 1939 (Election of Town Officers); Chapter 545, Session Laws of 1939 (Primary Election); Chapter 419, Session Laws of 1941 (Airport Bonds); Chapter 418, Session Laws of 1941 (Airport Bonds); Chapter 474, Session Laws of 1941 (Taxicabs); Chapter 176, Session Laws of 1945 (Taxicabs); Chapter 712, Session Laws of 1947 (Traffic Bureau); Chapter 199, Session Laws of 1949 (Annexation); Chapter 295, Session Laws of 1951 (Bird Sanctuary); Chapter 241, Session Laws of 1951 (Elections); Chapter 339, Session Laws of 1951 (Parking Meter); Chapter 903, Session Laws of 1951 (Police Jurisdiction); Chapter 810, Session Laws of 1957 (Annexation); Chapter 817, Session Laws of 1959 (Commissioner's Terms); Chapter 818, Session Laws of 1959 (Primary Election); and Chapter 819, Session Laws of 1959 (Parking).

Sec. 5. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted shall be revised by:

(a) The repeal herein of any Act repealing such law, or

(b) Any provision of this Act that disclaims an intention to repeal or affect enumerated or designated laws.

Sec. 6. All existing ordinances and resolutions of the City of Rockingham, and all existing rules or regulations of departments or agencies of the City of Rockingham, not inconsistent with the provisions of this Act, shall continue in full force and effect until repealed, modified or amended.

Sec. 7. No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending at the effective date of this Act by or against the City of Rockingham or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

Sec. 8. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 25th day of June, 1963.