S.L. 1963-158

NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 158

HOUSE BILL 173

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF ELIZABETH CITY AS EMBODIED IN CHAPTER 1062 OF THE 1953 SESSION LAWS AND AMENDMENTS THERETO AND SEVERAL RELATED STATUTES.

The General Assembly of North Carolina do enact:

Section 1. That the inhabitants of the City of Elizabeth City shall continue to be and constitute a body politic and corporate, with a corporate seal, and shall have perpetual succession under the name and style of "City of Elizabeth City" and as such have all franchises, powers, property and rights of property which now belong to the corporation under any other name or names and shall be subject to all its present liabilities; and, under this name shall have, acting through its city council, among other things, the following authority and power:

(1) To acquire and hold such estates as may be devised, bequeathed, sold, purchased or in any manner conveyed to it voluntarily or by condemnation, both within and without its city limits;

(2) To manage, invest, sell, lease or dispose of such estates;

(3) To contract or to be contracted with;

(4) To sue or to be sued;

(5) To levy, assess and collect all taxes and special assessments authorized by law;

(6) To purchase, hire, construct, own, maintain and operate or lease local public utilities and to furnish all local public services both within and without the city and to grant public utility franchises and regulate the exercise thereof;

(7) To provide for, construct, regulate and maintain all things in the nature of public works, buildings and local improvements;

(8) To condemn land required for any governmental purpose both within and without the corporate limits and in such excess as may be required or needed to protect or preserve same under the same procedure as provided in the Chapter Eminent Domain, Article 2, General Statutes of North Carolina, and all amendments thereto, or at any other place therein provided;

(9) To issue and sell bonds on the security of any such excess property, public utility or the revenues therefrom;

(10) To adopt and enforce within its limits and within one mile thereof police, sanitary and other police power regulations not inconsistent with the General Statutes of North Carolina and all amendments thereto;

(11) To, except as otherwise provided herein, through its city council, determine by whom and in what manner the powers granted by this Section shall be exercised;

(12) To borrow money within the limits prescribed by law;

(13) To appropriate the money of the city for all lawful purposes, including the appropriation of such sums as in the discretion of the city council may be deemed necessary or proper for the advertisement of the city or for the promotion of any movement which in their discretion will rebound to the welfare of the city and its citizens.

Sec. 2. The enumeration of the particular powers, rights, privileges, franchises and immunities by this Charter or those by implication necessary or appropriate to the exercise thereof shall not be held or deemed to be exclusive but shall be in addition to those which under the Constitution of North Carolina would be lawful to specifically enumerate herein and such are hereby granted together with all powers, privileges, franchises and immunities now conferred upon municipal corporations by the General Statutes of North Carolina and all future amendments thereto.

CORPORATE LIMITS

Sec. 3. The corporate limits of the City of Elizabeth City shall be as follows:

Beginning at a point on the Pasquotank River in the center line of the southern mouth of Knobbs Creek; thence up the center line of said creek to the intersection of the center line thereof with the northwardly prolongation of the East line of Fourth Street; thence southwardly along the northerly prolongation of the East side of Fourth Street to the North side of the right of way of the Norfolk Southern Railroad; thence westwardly and southwardly along the northward and westward side of said right of way of the Norfolk Southern Railroad to a point 1120 feet South of the South side of Main Street; thence eastwardly parallel with the South side of Main Street to the East side of what was formerly the old North Carolina State Highway; thence southwardly along the East side of what was formerly the old North Carolina State Highway to the North side of Church Street Extended; thence eastwardly along the North side of Church Street Extended to the East side of Hughes Boulevard; thence southwardly along the East side of Hughes Boulevard to the center line of the Norfolk and Southern (formerly Suffolk and Carolina) Railroad spur track; thence eastwardly along the center line of said railroad to a point 150 feet westwardly from the West side of Pritchard Town Road, measured along the center line of said railroad; thence southwardly parallel with Pritchard Town Road and distant 150 feet westwardly therefrom to a ditch in the North line of the Ives property, which said point is northwardly 317.7 feet from the North side of Ehringhaus Street measured along a line parallel to the West side of Pritchard Town Road and distant 150 feet westwardly therefrom; thence South 87 degrees 15 minutes West 225.5 feet; thence North 26 degrees 45 minutes West 289 feet; thence North 73 degrees 15 minutes West 43 feet; thence North 26 degrees 35 minutes West 375 feet; thence North 81 degrees West 100 feet; thence North 26 degrees 35 minutes West 100 feet to the South side of the railroad right of way; thence North 81 degrees West 255 feet along the South side of said right of way; thence South 27 degrees 10 minutes East 1191 feet to the North side of Ehringhaus Street; thence North 84 degrees East 98.5 feet and North 89 degrees East 400 feet along the North side of said street to the West side of Pritchard Town Road; thence continuing eastwardly along the North side of Ehringhaus Street to the center line of the United States Government Railroad tract; thence southwardly along the center line of said railroad tract to a point 150 feet South of the South side of Walkers Avenue; thence South 81 degrees 30 minutes East to the southwest corner of the P. W. Moore School grounds at the northwest side of Roanoke Avenue; thence southeastwardly at right angles to Roanoke Avenue, crossing same to the southeast side thereof; thence along the South side of Roanoke Avenue South 47 degrees 30 minutes West 380 feet to an iron pipe; thence South 88 degrees 30 minutes East 1100 feet to the northwest corner of the Highland Park Cemetery; thence South 5 degrees West 350 feet to the southwest corner of the Highland Park Cemetery; thence North 87 degrees West 788 feet to the corner of the Catholic Church property; thence South 1 degree East 735.9 feet along said Catholic Church property; thence South 5 degrees West to the North line of the Pasquotank Board of Education property; thence South 82 degrees East along said board of education property to an iron pipe on the West side of Peartree Road; thence northwardly along the West side of Peartree Road 200 feet; thence eastwardly along a line at right angles to said road to a point in the center line of a branch known as Herrington Run; thence southwardly along the center line of said run, a distance of 200 feet, more or less, to an iron pipe at the southwest corner of the F. T. Bray-C. W. Price property; thence eastwardly along the South line of said property to the mouth of a ditch; thence North 80 degrees East along the center line of said ditch, a distance of 450 feet to a point 150 feet West of the Weeksville Road, measured at right angles to the Weeksville Road; thence southwardly parallel to the Weeksville Road and distant 150 feet westwardly therefrom a distance of 1200 feet; thence northeastwardly to the point of intersection of the East side of Weeksville Road with the East side of Poorhouse Road; thence southwardly along the East side of Weeksville Road a distance of 270 feet; thence northeastwardly parallel to Poorhouse Road along a line which is distant 200 feet southeastwardly from Poorhouse Road measured at right angles thereto a distance of 1670 feet to the South side of Southern Avenue; thence eastwardly along the South side of Southern Avenue 1560 feet to the northeast corner of the Elizabeth City State Teachers College property; thence southwardly along the East line of said college property a distance of 1780 feet; thence South 57 degrees 41 minutes East 1040 feet to the West line of Lot 27, Block B of the Edgewood Subdivision as per map in Map Book 1 at page 159; thence South 5 degrees 55 minutes West 100 feet; thence South 5 degrees 21 minutes West 91 feet; thence South 19 degrees 27 minutes West 1454.8 feet to a point on the West side of Edgewood Drive; thence crossing Edgewood Drive North 20 degrees 22 minutes East 600 feet; thence North 71 degrees 57 minutes East 1079 feet; thence North 9 degrees 6 minutes West 1073 feet; thence South 84 degrees 32 minutes East 458.9 feet; thence North 73 degrees 23 minutes East 153 feet; thence North 30 degrees 42 minutes East 194 feet to the middle of a run; thence northeastwardly along the center of said run to the northeast corner of lot 16 of the Edgewood Subdivision as per plat recorded in Map Book 1 at page 111; thence North 55 degrees East 390 feet to a point on the northeast side of Rivershore Road at the southwest corner of Section B of Winslow Acres; thence eastwardly along the South boundary of Section B of Winslow Acres the following distances: 352.52 feet to an angle; 504.75 feet to an angle; and 863 feet to the southeast corner of said section; thence northwardly along the East line of said section and the northwardly prolongation thereof to the shore of Pasquotank River; thence northwardly across Pasquotank River to a point opposite what was formerly the center of the southern mouth of Glovers Cut and 300 feet therefrom; thence westwardly to the southwest point of Machellhe Island (sometimes known as Goat Island); thence westwardly, northwardly and eastwardly following the shore line of said island to a point in said shore line 300 yards from what was formerly the North mouth of Glovers Cut; thence northwestwardly to the point of beginning in the center line of the southern mouth of Knobbs Creek.

NUMBER OF WARDS

Sec. 4. That said city shall be divided into four wards to be known respectively as the First, Second, Third and Fourth Ward.

FIRST WARD BOUNDARIES

The First Ward shall be bounded as follows: Beginning at the center of the intersection of Main and Road Streets; thence southwardly down the center of South Road Street and the southwardly projection thereof to the center of Herrington Run or Charles Creek; thence eastwardly and northwardly along the run of said creek to the channel of Pasquotank River; thence North 45 degrees East to the boundary of the city; thence westwardly, northwardly and westwardly following the boundary of said city to its intersection with North Road Street; thence southwardly down the center of North Road Street to the place of beginning.

SECOND WARD BOUNDARIES

The Second Ward shall be bounded as follows: Beginning at the center of the intersection of Main and Road Streets; thence westwardly down the center of West Main Street to the city limits; thence northwardly and eastwardly following said city boundary to its intersection with the First Ward; thence southwardly following the West line of the First Ward to the center of the intersection of Main and Road Streets at the point of beginning.

THIRD WARD BOUNDARIES

The Third Ward shall be bounded as follows: Beginning at the center of the intersection of Main and Road Streets; thence westwardly binding the South line of the Second Ward to the boundary of said city limits; thence southwardly and eastwardly with said city limits its various courses to the southerly prolongation of the center line of South Road Street; thence northwardly along the southerly prolongation of South Road Street and the center line of South Road Street to the place of beginning.

FOURTH WARD BOUNDARIES

The Fourth Ward shall be bounded as follows: Beginning at the point of intersection of the East line of the Third Ward with the center of Herrington Run or Charles Creek; thence eastwardly and northwardly along the rum of said creek to the channel of Pasquotank River; thence North 45 degrees East to the boundary of the city; thence eastwardly and southwardly and then westwardly along the boundary of said city to its intersection with the eastern line of the Third Ward above described; thence northwardly along the eastern line of the Third Ward to the place of beginning.

MUNICIPAL ELECTIONS

Sec. 5. A nonpartisan municipal election shall be held for the City of Elizabeth City on the first Saturday after the second Monday in May 1965 and biennially thereafter for the election of such officers of the city as are herein provided and for the submission to popular vote of such issues as are directed by the city council or Legislature of the State of North Carolina.

Sec. 6. In the case of all officers elected by popular vote as provided herein, the successful candidate shall be determined by a majority of the votes cast and the candidate receiving such majority vote shall be declared elected.

If in the case of an office no aspirant shall receive a majority of the votes cast, subject to the conditions hereinafter set out, a runoff election shall be held in which only the two aspirants who shall have received the highest and next highest number of votes shall be placed on the ballot; provided, that if either of such two shall withdraw and decline to run, and shall file notice to that effect with the Pasquotank County Board of Elections, such board shall declare the other aspirant nominated; provided further, that unless the aspirant receiving the second highest number of votes shall, by 12:00 o'clock noon on the second Thursday after the second Monday in May, file in writing with the Pasquotank County Board of Elections a request that a runoff election be called and held, the aspirant receiving the highest number of votes cast in the first election shall be declared nominated by such board of elections.

If a runoff election be demanded, it shall be held two (2) weeks after the first election, that is it shall be on the third Saturday after the second Monday in May and such runoff election shall be held under the same laws, rules and regulations as are provided for the first election, except that there shall be no further registration of voters other than such as may have become legally qualified after the first election and such person may register on the day of the runoff election and shall be entitled to vote therein under the provisions of this Section. If a single office is to be filled with more than one candidate therefor, then majority within the meaning of this Section shall be ascertained by dividing the total votes cast for all candidates for such office by two, and any excess of the sum so ascertained shall be a majority within the meaning of this Section.

Sec. 7. The election herein provided shall be conducted by the Pasquotank County Board of Elections under the same statutory rules and regulations as control party primary elections for county officers in the General Statutes of North Carolina and all amendments thereto not inconsistent with the specific provisions of this Act and said board shall have the same power and authority over said municipal elections that it has with respect to State and County elections. Provided, no oath with respect to any particular political party shall be required of any candidate or voter as a prerequisite to his or her qualifying as a candidate or voter; provided also, that the qualifications for voters in municipal elections shall be the same as for voters for the office of member of the General Assembly in general elections, and provided further each voter must vote in person and there shall be no voting by absentee ballot.

Sec. 8. Printed ballots shall be provided for all officers and issues submitted; provided that all offices and issues may be placed on a single ballot, and, provided further, if there be no contest for any particular office it shall continue to be necessary to print the name of the unopposed candidate on the ballot. Provided further, no candidate's name may be written in or voted for who did not file his notice of candidacy with the board of elections and pay his filing fee during the filing period.

CITY COUNCIL AND MAYOR

Sec. 9. All powers of the city, except as herein otherwise provided, shall be vested in a city council of eight (8) members and a mayor, all elected by the qualified voters of the entire city. The term of office of the councilmen shall be for four (4) years and of the mayor two (2) years and until their successors are elected and qualified. The term of office shall begin on the first Monday in June after their election.

Sec. 10. There shall be elected one councilman from each ward and the mayor at each biennial election herein provided to fill the offices of the councilmen and mayor whose terms will expire on the next first Monday in June after each biennial election. In the event there should be a tie between two candidates for any office after a runoff election, the newly elected council, immediately after being inducted into office, shall vote on the candidates which are tied and the candidate then receiving the largest vote shall be declared elected and shall be inducted into office. If a vacancy occurs in the office of mayor or councilmen, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining councilmen. Provided, no person may be a candidate for councilman from any ward unless he is a qualified voter of that ward and no person may be a candidate for the office of mayor unless he is a qualified voter of the city. If any councilman should change his residence from the ward from which he was elected or the mayor from the city, his term of office shall immediately expire and a vacancy shall immediately occur.

Sec. 11. The City councilmen shall each receive a salary of sixty dollars ($60.00) per month and the mayor, at the discretion of the city council, a salary not to exceed one hundred twenty-five dollars ($125.00) per month; provided the chairman of the city council, elected as hereinafter provided, shall receive a salary of seventy-five dollars ($75.00) per month.

Sec. 12. On the first Monday in July, 1963, the then serving councilmen and mayor, after having taken and subscribed the oath hereinafter provided, shall take their seats and shall continue in office until their successors have been elected and qualified. They shall organize and elect one of their members chairman of the city council for a term to expire on the first Monday in June, 1965. It shall be the duty of the chairman of the city council to preside at board meetings and perform all the duties of the mayor in his absence or sickness. The council shall then proceed to appoint a city manager, a city treasurer and a city attorney whose term of employment shall be at the pleasure of the council and confirm or reject the appointments of the city manager to the following positions: Director of public utilities, chief of police, chief of the fire department, director of public works, building inspector, city clerk, city auditor, tax collector, deputy city clerk and deputy tax collector, together with such other employees as the city council may instruct the city manager to employ from time to time, all of whose terms of employment shall be at the pleasure of the city manager. The city council shall fix a salary for each of the positions named above and for all employees of the city and shall prescribe such bonds and oaths as they may deem necessary, provided that the city council by resolution may authorize one person to fill any two or more such positions, provided, however, the office of mayor and city manager may not be held by the same person, except where there is a vacancy in the position of city manager caused by resignation, death or sickness, the mayor may serve as city manager for a period of not exceeding sixty (60) days and shall receive as sole compensation for both positions the salary of the city manager. Provided, that after the first organizational meeting provided for above, such organizational meetings shall be held on the first Monday in June after each municipal election for mayor and councilmen and the term of office of chairman shall be for two (2) years.

Sec. 13. A regular meeting of the city council shall be held on the first Monday in each and every month beginning July, 1963, at such hour as may be designated; provided, however, that the aforesaid regular meetings of the city council may be postponed by a majority vote of the city council attending the meeting immediately preceding such regular meeting or thereafter at any time before a regular meeting by either the mayor or a majority of the city council and their determination of the sufficiency of the reason for the postponement shall be conclusive. Special meetings of the council may be held on the call of the mayor or a majority of the councilmen and of every such call meeting the mayor and all councilmen who did not join in the call shall be notified.

Sec. 14. The mayor shall preside at all meetings of the city council; be the official head of the city for the services of civil process; sign all contracts, franchises, conveyances and other paper writings authorized and directed by the city council; and shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by the general laws of North Carolina, this Charter and the ordinances of the City of Elizabeth City.

CITY MANAGER

Sec. 15. The city manager shall be the administrative head of the city government and shall:

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

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

(3) Make reports to the council from time to time upon the affairs of the city and keep the council fully advised of the city's financial condition and its future financial needs, including the preparation of the city's budget;

(4) Appoint, subject to the confirmation of the city council, and remove, the director of public utilities, chief of police, chief of fire department, director of public works, building inspector, city clerk, city auditor, public utilities auditor, tax collector, deputy city clerk, deputy tax collector and such other employees as the city council from time to time may direct;

(5) Have general supervision and oversight over all departments of the city;

(6) Prepare or cause to be prepared and publish all reports required of the city or any department or officer thereof;

(7) Act as purchasing agent for the various departments and approve or disapprove all bills or accounts for items purchased prior to payment therefor; and

(8) Perform and carry out any other duties imposed or to be imposed upon him by the State or the city council, including, but not limited to, the duties of one or more other offices or positions of the city, except as herein otherwise provided.

CITY CLERK

Sec. 16. The city clerk shall attend all meetings of the city council and shall keep the minutes thereof. He shall further perform such other duties and keep such other records as may be required by law or prescribed by the city council with the assistance of a deputy and such clerical assistance as may be deemed necessary by the city manager and city council.

CITY AUDITOR

Sec. 17. The city auditor shall assist the city manager and shall, except for the public utilities department wherein he shall have no duties:

(1) Maintain accounting control over the finances of the city government, for which purpose he is empowered to operate a set of general accounts embracing the financial transactions of the city and such subsidiary accounts and cost records as may be required by the city council;

(2) Prescribe the form of receipts, vouchers, bills or other forms to be used by the city;

(3) Examine and approve all contracts, orders and other documents by which the city incurs financial obligations, having ascertained before approval that moneys have been duly appropriated and allotted to meet such obligations and will become available on or before the time obligations have become due and payable;

(4) Audit for the city manager all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and to report to the city the regularity, legality and correctness thereof;

(5) Prepare for the city manager monthly reports on all receipts and expenditures of the city to be presented to the city council at their regular monthly meeting;

(6) Inspect and audit any accounts or records of financial transactions which may be maintained by any officer, agency, or department of the city except the public utility department;

(7) And perform such other duties pertaining to the financial records of the city as the city council may from time to time prescribe.

TAX COLLECTOR

Sec. 18. The tax collector, with the assistant tax collector working under him, if one is by the city council deemed necessary and is appointed by the city manager as heretofore provided, shall collect all taxes, licenses, fees and other moneys belonging to the city government except the fees for building permits which are to be collected by the building inspector as herein provided and shall diligently comply with and enforce the general laws of North Carolina relating to the listing, collection, sale and foreclosure of taxes by the city with the full powers conferred upon him by the general laws of the State and shall daily deposit with the city treasurer all moneys belonging to the city in such accounts as are herein or by rule or regulation of the city council or city auditor provided.

BUILDING INSPECTOR

Sec. 19. It shall be the duty of the building inspector to:

(1) Perform the duties of building inspector imposed upon him by the general laws of the State;

(2) Perform the duties of electrical and plumbing inspector and enforce the electrical and plumbing code of the city;

(3) Issue and collect the prescribed fees for building permits for construction which shall be in conformity with the State law and the ordinances, rules and regulations of the city council;

(4) To daily deposit with the city treasurer, in the general fund of the city, all funds on hand belonging to the city;

(5) And perform such other and additional duties as may from time to time be prescribed by the city council.

CHIEF OF FIRE DEPARTMENT

Sec. 20. The chief of the fire department shall hire, fire, promote, demote, and be in general charge of the employees of the fire department and shall be responsible for the upkeep of the fire-fighting equipment in order to provide the City of Elizabeth City with an effective fire-fighting department, all under the supervision of the city manager. He shall monthly report to the city council through the city manager the activities of his department. If he, or in his absence the assistant chief on duty, shall deem it necessary to check the progress of any fire he may lay hose across any street, railroad or railway or through any building and may cause any house or building to be pulled down or blown up without being responsible in damages therefor. He shall perform such other and further duties as the city council may from time to time prescribe.

Sec. 21. The chief of the fire department is authorized to send its equipment out of the city for the purpose of assisting in fighting a fire after having been requested to do so in furtherance of a mutual aid contract with another fire-fighting department or in furtherance of a contract between the city and another party to provide fire protection and no employee shall be personally responsible on account of any collision or other damage occurring while the equipment is out of the corporate limits of the city nor shall he be responsible in damages by reason of having sent or allowed the equipment to be taken from the corporate limits or by reason of his having failed to keep adequate equipment within the city.

DIRECTOR OF PUBLIC WORKS

Sec. 22. The director of public works shall be in charge of the construction, repair and maintenance of the streets, alleys, public ways, sidewalks, parks, playgrounds, bridges, viaducts, canals, pumps, drains, and all public buildings of the city and such cemeteries as the city council may take over; provide for the disposition of all street wastes, garbage and trash; enforce the rules, regulations and ordinances of the city with respect thereto, and in order to enforce same shall have the power and authority to make arrests for the violation of any ordinance pertaining thereto; and, shall, upon the letting of a public contract for any work of the nature above mentioned, inspect such work from time to time and see that it is in all respects carried out in accordance with the contract. He shall further, under the supervision of the city manager, hire, discharge and have general supervision and control over all employees in the public works department and shall perform such other duties as the city council from time to time may prescribe.

CHIEF OF THE POLICE DEPARTMENT

Sec. 23. The chief of police shall be at the head of the police department and shall have the authority and power to hire, fire, promote or demote any police officer, detective or clerical assistant in that department, all under the supervision of the city manager. It shall be his duty to preserve the public peace, prevent crimes, detect and arrest offenders, suppress riots and other unlawful gatherings, protect the right of persons and property in the city, preserve order generally, regulate traffic, enforce and carry out the ordinances and laws of the City, State and Nation, and perform such other and further duties as the city council may from time to time impose upon him; provided further, the chief of police together with not more than four other officers to be appointed by him shall serve as warrant officers and it shall be their duty to issue warrants or other process for the arrest of violators of the law anywhere within the City of Elizabeth City upon the sworn complaint of any policeman, sheriff, detective or other person and said warrant shall be returnable before the trial justice of the Pasquotank County trial justice court; and further may issue subpoenas for the attendance of witnesses. Such warrants shall run in the name of the State and be directed to any police officer, sheriff, constable or other officer having authority under the law of the State of North Carolina to serve warrants and same shall be served in accordance with the general laws of the State.

DIRECTOR OF PUBLIC UTILITIES

Sec. 24. The director of public utilities shall be responsible for the efficient operation of the various public utility services furnished by the city both within and without the corporate limits thereof and shall appoint a public utilities auditor and employ such clerical assistance and other employees as may be deemed necessary by him for the efficient operation of his department, including the construction, maintenance and care of the capital equipment of the various utilities, the efficient distribution thereof to its customers and to assure adequate billing, collecting and accounting service and to carry out such research and testing in experimental work as is necessary for the operation of each of the utilities.

PUBLIC UTILITIES AUDITOR

Sec. 25. The public utilities auditor shall perform, with respect to the public utilities department, the same functions and have the same duties that the city auditor has with respect to the other departments of the city. He shall likewise keep the accounts of that department separate from the other accounts of the city. He shall be under the supervision of the director of public utilities and answerable to the director of public utilities and through him to the city manager.

CITY TREASURER

Sec. 26. The city treasurer may be any duly licensed and recognized banking institution or any competent, reliable and qualified elector of the City of Elizabeth City and shall be required to post good and solvent bond in such amount as shall be set by the city council. The city treasurer shall receive and faithfully keep all moneys which it shall receive on behalf of the city and shall keep an accurate account of all deposits and disbursements and to render a monthly account thereof to the city auditor and to the public utilities auditor. The city treasurer shall set up such separate accounts as the city council through the city auditor and the public utilities department auditor shall specify and shall disburse the funds of the city only upon warrant duly drawn and signed in accordance with rules and regulations to be established by the city council through the city auditor or the public utilities auditor; provided, however, no duly licensed and recognized banking institution may serve as city treasurer for a term longer than four (4) years until each other duly licensed and duly recognized banking institution within the city has had an opportunity to serve for a four-year term.

CITY ATTORNEY

Sec. 27. The city attorney shall be an attorney at law licensed to practice before any and all courts in the State of North Carolina. He shall be the chief legal advisor and attorney for the city and all departments and offices thereof in matters relating to their official powers and duties. It shall be his duty, either personally or by such assistance as he may designate, to perform all services of a legal nature to the city and all departments and offices thereof; attend all regular meetings of the city council; give advice in writing, when so requested; prosecute or defend, as the case may be, all suits or cases to which the city may be a party; prepare all contracts, bonds and other instruments in writing wherein the city is concerned and to perform such other duties of a legal nature as the city council may require.

MISCELLANEOUS

Sec. 28. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation before some officer authorized and empowered to administer oaths and such oath shall be filed and kept in the office of the city clerk:

"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of North Carolina, that I will, in all respects observe the provisions of the Charter and ordinances of the City of Elizabeth City and will faithfully discharge the duties of the office of _____________________."

Sec. 29. All purchases or other contractual agreements to be made by the city manager or any department, involving a sum in excess of the limitations herein imposed upon them must first be authorized by resolution of the city council. All contracts involving a sum in excess of thirty-five hundred dollars ($3500.00) shall be in writing. All contracts involving a sum in excess of five thousand dollars ($5,000.00) shall be awarded on sealed bids to be advertised in accordance with the General Statutes of North Carolina.

Sec. 30. That upon demand by a member of the Police Department, the Sheriff or Jailor of the County of Pasquotank is hereby required, without mittimus, to receive into the jail of the county as prisoner any person taken by the police force and to keep such person safely until he or she shall be lawfully dealt with.

Sec. 31. The authority is hereby granted the City of Elizabeth City to join with the County of Pasquotank in the selling of lands acquired at tax foreclosure sales by both or either taxing unit for its true market value as determined by the City Council of the City of Elizabeth City and the Board of Commissioners of Pasquotank County, where both taxing units have outstanding taxes due on same. Such sales of land so acquired may be at private sale and the execution of a sufficient conveyance therefor is hereby authorized; provided, however, same shall not contain a warranty of title and the City of Elizabeth City shall be in no way liable for any defect or imperfection in the title; provided further, the purchase price, after deduction of all expenses, shall be prorated between the two taxing units on the basis of the amount of outstanding tax due each unit.

Sec. 32. All claims and demands against the City of Elizabeth City arising in tort shall be presented to the city council of said city or to the mayor, in writing, signed by the claimant, his attorney or agent, within ninety (90) days after said claim or demand is due or the cause of action accrues; that no suit or action shall be brought thereon within ten (10) days or after the expiration of twelve (12) months from the time said claim is so presented, and unless the claim is so presented within ninety (90) days after the cause of action accrued and unless suit is brought within twelve (12) months thereafter, any action thereon shall be barred.

Sec. 33. All policemen, city constables, city marshals or other law enforcement officers charged with the duty of making arrests or otherwise enforcing the criminal laws in the City of Elizabeth City are hereby authorized and empowered to exercise such duties and powers which are now lawfully exercised within the corporate limits, relating to the enforcement of the criminal laws, including arrests, in all that territory embraced within one mile in all directions from the corporate limits of said City of Elizabeth City as same is extended from time to time except where such area falls within the adjoining counties.

Sec. 34. All ordinances, resolutions, appropriations and contracts entered into by the city, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect and the mayor and councilmen elected under the provisions of the Charter of the City of Elizabeth City in effect prior to the adoption of this Charter shall serve the remainder of their term. The terms of all members of the police commission, fire commission and public utilities commission appointed under the provisions of the Charter existing prior to the enactment of this Charter shall terminate on July 1, 1963. Public improvements for which legislative steps have been taken under laws or Charter provisions existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws and Charter provisions.

Sec. 35. If any part of this Chapter or Act shall be declared invalid or unconstitutional by court of competent jurisdiction, such shall not invalidate the remainder hereof.

Sec. 36. The following laws are hereby repealed: Chapters 819 and 1062 of the Session Laws of 1953; Chapter 565 of the Session Laws of 1955: Chapter 180 of the Session Laws of 1957; Chapter 83 and 128 of the Session Laws of 1959; Chapter 236 of the Session Laws of 1961 and all other laws and clauses of laws inconsistent herewith.

Sec. 37. This Act shall be in full force and effect from and after July 1, 1963.

In the General Assembly read three times and ratified, this the 3rd day of April, 1963.