S.L. 1965-79

NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 79

SENATE BILL 33

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF AYDEN, NORTH CAROLINA, SUBJECT TO AN ELECTION.

The General Assembly of North Carolina do enact:

Section 1. (a) The Board of Commissioners of the Town of Ayden shall conduct a special election at the same time as the regular municipal election in May, 1965, for the purpose of submitting to the qualified voters of the town the question as to whether or not the charter of the town shall be revised and consolidated as provided in this Act.

(b) The special election shall be conducted in accordance with the provisions of law now applicable to regular municipal elections in the town, and no new or special registration of voters shall be necessary.

(c) In the special election, those voters who favor the revision and consolidation of the town charter in accordance with this Act shall vote a ballot upon which shall be printed or written the words "FOR Commissioner-Manager Government," and those voters who are opposed to the revision and consolidation of the town charter in accordance with this Act shall vote a ballot upon which shall be printed or written the words "AGAINST Commissioner-Manager Government." The question shall not be submitted on the same ballots as are candidates for any office, but separate ballots shall be provided.

Sec. 2. If a majority of the votes cast in such special election shall be "AGAINST Commissioner-Manager Government," then Sections 3 through 13 of this Act shall have no force and effect, and those acts presently constituting the Charter of the Town of Ayden shall continue in effect until amended or repealed.

Sec. 3. If a majority of the votes cast in such special election shall be "FOR Commissioner-Manager Government," then Sections 4 through 13 of this Act shall be effective as of July 1, 1965.

Sec. 4. The Charter of the Town of Ayden is hereby revised and consolidated to read as follows:

THE CHARTER OF THE TOWN OF AYDEN

ARTICLE I. INCORPORATION AND CORPORATE POWERS

Sec. 1.1. Incorporation and General Powers. The Town of Ayden shall continue to be a body politic and corporate under the name of the Town of Ayden, and shall continue to be vested with all property and rights which now belong to the town; shall have perpetual succession; may have a common seal and alter and renew the same 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.

Sec. 1.2. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees, shall be carried into execution as provided by this charter, or, if this charter makes no provision, as provided by ordinance or resolution of the board of commissioners and as provided by the general laws of North Carolina pertaining to municipal corporations.

Sec. 1.3. Enumerated Powers Not Exclusive. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein or implied hereby, or those appropriate to the exercise of such powers, the Town of Ayden shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this charter specifically to enumerate.

ARTICLE II. CORPORATE BOUNDARIES

Sec. 2.1. Existing Corporate Boundaries. The corporate boundaries of the Town of Ayden shall be as follows until changed in accordance with law:

BEGINNING on the western side of the right of way of North Carolina Highway Number 11 (Lee Street) at the northeast corner of W. J. Hart property, and running thence in a western direction and with the southern property line of a tract of land owned by Mrs. Nannie E. Coward and with the northern line of the property line of the W. J. Hart Development as shown by that map recorded in Map Book 5 at Page 181, 845 feet, more or less, to a corner; thence in a southern direction, on a line which is an extension of the western line of Brewster Jenkins property 650 feet, more or less, to a point where Brewster Jenkins' western line is intersected by the northern property line of Peachtree Street Extended; thence in a western direction a straight line across the property of Mrs. Agnes E. Moore and E. F. Dennis 1,825 feet, more or less, to a point on the western property line of Juanita Street at a corner of W. E. Gibson and E. F. Dennis and continuing in a western direction with the northern property line of W. E. Gibson and Claude Dennis 500 feet, more or less, to a corner; thence South 61 degrees 45 minutes West 275 feet, more or less, to a corner in the property of Larry Odell Dennis; thence in a southern direction with a line 150 feet from and parallel to the western property line of Laurinburg Street 550 feet, more or less, to a point which is 150 feet from the northern property line of Third Street; thence in a western direction parallel with the said northern property line of Third Street and 150 feet therefrom, 480 feet, more or less, to another corner; thence in a southern direction at right angles to Third Street and crossing Third Street 210 feet, more or less, to a point on the southern property line of Third Street, said point being the northwest property corner of B. F. Stokes Subdivision (Map Book 9, Page 87); thence in a southwesterly direction along the West line of the B. F. Stokes Subdivision 93 feet to a point; thence continuing in a southerly direction along the West line of B. F. Stokes property 1,558 feet to the southwest corner of the B. F. Stokes property; thence in an easterly direction along the South line of B. F. Stokes property 800 feet to a corner; said corner being the southeast corner of B. F. Stokes property, northeast corner of Mrs. Clyde McLawhorn property and the western property line of West Haven Terrace Subdivision (Map Book 5, Page 194); thence in a southerly direction along the western property line of West Haven Terrace 350 feet, more or less, to the southwest corner of said West Haven Terrace Subdivision; thence in an eastern direction with the southern property line of said West Haven Terrace Subdivision to a point which is 150 feet measured at right angles from the western property line of Juanita Street; thence in a southern direction 150 feet from and parallel to the western property line of Juanita Street 1,050 feet, more or less, to the southern property line of Snow Hill Street; thence continuing in a southern direction and at right angles to the southern property line of said Snow Hill Street 150 feet to a corner; thence in an eastern direction following a line 150 feet from and parallel to the southern property line of Snow Hill Street to a point where the said line would intersect the southern line of Lot 13 of the Harris property (now owned by R. Stancill Sumrell, (Map Book 1, Page 141) and continuing in an eastern direction with the southern lines of Lots 13 through 25 of said property to J. W. Jackson property (Map Book 3, Page 250); thence in a southern direction with the western line of the J. W. Jackson Development 554 feet, more or less, to the southwest corner of said development which joins the school property; thence in a western direction with the northern line of said school property to a corner with the Robert N. Johnson property; thence in a southern direction with the western property line of said school property and the College View Park property to the southwest corner of Lot 80, Block B of the College View Park Subdivision (Map Book 2, Page 213); thence in a western direction 44 feet, more or less, to a point which is 150 feet from the western property line of College Drive; thence in a southern direction following a line which is 150 feet from and parallel with College Drive, 500 feet, more or less, to a point which is 150 feet South of Park Drive; thence in an eastern direction following the line which is 150 feet from and parallel to the southern property line of Park Drive crossing Lee Street, to a point which is on the southern extension of the center of Queen Street in the Southdale Development (Map Book 3, Page 298); thence in a northern direction with the extension of the center line of Queen Street to the southern line of the Southdale Development; thence in an eastern direction following the southern line of said development to the southeast corner of said development; said corner also being the southwest corner of South Gardens Development (Map Book 9, Page 133); thence in an eastern direction following the southern line of said development, 260.8 feet, more or less, to the southeast corner; thence in a northern direction along the East line of said development 571 feet, more or less, to a point on the southern property line of King Street; thence in an eastern direction along the southern property line of King Street 300 feet, more or less, to a corner; thence in a northern direction along the East line of said development 132 feet, more or less, to the northeast corner; said corner also being the northwest corner of Doris C. Gooding property; thence in an eastern direction with the northern property line of Doris C. Gooding in a straight line and continuing said straight line across the right of way of the Atlantic Coast Line Railroad Company and continuing said straight line across the properties owned by Dan Stewart and J. G. Cannon and East Railroad Avenue (Gum Swamp Road) to the point the said line intersects the eastern property line of said East Railroad Avenue and continuing East at right angles to East Railroad Avenue 150 feet to a corner; thence in a northern direction following a line which is 150 feet from and parallel to the said property line of East Railroad Avenue to the southern property line of a lot owned by J. G. Cannon, a corner; thence in a northeast direction with the southern property line of J. G. Cannon and northern property line of Stella Mae and Genevia Dixon and extensions there of 540 feet, more or less, to the southeast corner of Pearlie Ellis' lot which faces Turnage Street; thence in a northerly direction with the Pearlie Ellis' lot 20 feet, more or less, to the southwest corner of the Cannon-Tyson Development (Map Book 1, Page 77); thence in an eastern direction with the southern line of said Cannon-Tyson Development 340 feet, more or less, to the Washington Heights Subdivision (Map Book 3, Page 204); thence in a northern direction with the western lines of said Washington Heights Subdivision 425 feet, more or less, to the southern property line of Turnage Street; thence continuing in a northwest direction across Turnage Street to the southwest corner of Lot 8 in Block B of said Washington Heights Subdivision; thence continuing North with the western lines of Lot 8 through 14 of said Block B and extensions of said lines to the northern property line of Roosevelt Street; thence in an eastern direction with the northern property line of said Roosevelt Street, 340 feet, more or less, to the southwest corner of Bonnie B. Basden property, the southwest corner of the Town of Ayden property; thence in a northern direction with the eastern line of said town property 345 feet, more or less, to a corner in the town of Ayden cemetery and Bertha I. Hardee property; thence in an eastern direction with the southern line of the town cemetery property 200 feet, more or less, to a corner and thence continuing with the division line of the town cemetery and Hardee property in a northern direction 300 feet to another corner; thence in a western direction following the town cemetery property and Hardee property division line to the southeast corner of Bonnie B. Basden's property; thence in a northwest direction with the eastern property line of the Basden property to a point which is 150 feet from the eastern property line of Blount Street measured at right angles to Blount Street; thence in a northern direction following a line which is 150 feet from and parallel to the eastern property line of Blount Street to the southern property line of the Sunrise Park Subdivision (Map Book 1, Page 109); thence in an eastern direction with the said southern property line of said Sunrise Park Subdivision to the canal; said point being the northeast corner of Mrs. Bertha I. Hardee property and northwest corner of that development of the Sunrise Park as shown on Map of W. B. Duke in April 1961; thence in a southeasterly direction along the canal to the Bonnie B. Basden North property line; thence in an easterly direction along the Bonnie B. Basden North property line 801 feet, more or less, to the East side of New Road, thence in a northern direction along the East side of New Road 1,210 feet, more or less, to the South side of Third Street; thence in a western direction along the South side of Third Street 40 feet to a corner; thence North 1 degree 45 minutes East, 600 feet, more or less, crossing Third Street and Second Street to a point which is 150 feet from the northern property line of Second Street, a corner in the lands of Mrs. J. F. Dixon; thence in a western direction following a line which is 150 feet from and parallel to the northern property line of Second Street, 212 feet, more or less, to a point which is 150 feet from the eastern property line of East College Street; thence in a northern direction following a line which is 150 feet from and parallel to the eastern property line of East College Street 660 feet, more or less to a corner in the property of Mrs. Lucy Worthington, said corner being in an eastern extension of the southern property line of J. D. Cannon property; thence in a western direction crossing East College Street and continuing with the southern property line of J. D. Cannon and the northern property lines of G. M. Caton, A. L. Cox, Rex Smith, D. L. and Beulah Smith and extensions thereof for a distance of 1,600 feet, more or less, to a point which is 150 feet from the eastern property line of Blount Street, a corner in the J. D. Cannon property; thence in a northern direction 150 feet from and parallel with the eastern property line of Blount Street, and Extensions 980 feet, more or less, to the southern property line of the Robert G. Harris property; thence in a western direction following the southern property line of the Robert G. Harris property 375 feet, more or less, to a point which is 150 feet East from the eastern property line of East Railroad Avenue in the Town of Ayden property; thence in a northern direction following a line which is parallel with East Avenue and 150 feet therefrom 200 feet, more or less, to a corner in the Robert G. Harris Property; thence in a western direction perpendicular to and crossing East Railroad Avenue, the right of way of Atlantic Coast Line Railroad property, and West Railroad Avenue to the western property line of West Railroad Avenue, a common corner with Mrs. Nannie E. Coward property and the W. J. Hart subdivision (Map Book 3, Page 293); thence continuing in a western direction with the northern line of said subdivision across Lee Street, Highway No. 11, to the point of Beginning.

Sec. 2.2. Extension of Corporate Boundaries. All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.

ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

Sec. 3.1. Composition of Board of Commissioners. The board of commissioners shall consist of a number of members equal to the number of wards established by ordinance in accordance with Article IV, but no less than five.

Sec. 3.2. Method of Election of Mayor and Board of Commissioners. The mayor and the members of the board of commissioners shall be elected by the qualified voters of the town at large in the manner provided by Article IV.

Sec. 3.3. Terms; Qualifications; Vacancies. (a) The mayor and members of the board of commissioners shall serve for terms of two years, beginning the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this charter; provided, they shall serve until their successors are elected and qualify.

(b) No person shall be eligible to be a candidate or be elected as mayor or as a member of the board of commissioners, or to serve in either capacity, unless he is a resident and a qualified voter of the town.

(c) If any elected mayor or commissioner shall refuse to qualify, or if there shall be any vacancy in the office of mayor or commissioner after election and qualification, the remaining members of the board shall by majority vote appoint some qualified person to serve until the next election, when such office shall be filled by election only for the unexpired term. Any mayor or commissioner so appointed shall have the same authority and powers as if regularly elected.

Sec. 3.4. Mayor and Mayor Pro Tempore. The mayor shall be the official head of the town government and shall preside at all meetings of the board of commissioners. Where there is an equal division upon any question, or in the appointment of officers, by the board, he shall determine the matter by his vote and he shall vote in no other case. The mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this charter, and by the ordinances of the town. The board of commissioners shall choose one of its number to act as mayor pro tempore, and he shall perform the duties of the mayor in the mayor's absence or disability. The mayor pro tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the board.

Sec. 3.5. Compensation of Mayor and Commissioners. The mayor shall receive for his services such salary as the board of commissioners shall determine, not exceeding Eight Hundred Dollars ($800.00) per year, and no increase or reduction in his salary shall be made to take effect during the term in which it is voted. The board of commissioners may establish a salary for its members not exceeding Five Hundred Dollars ($500.00) per year for each. Such salary may be increased or reduced, but no increase shall be made to take effect as to any Commissioner during the respective term of office which he is serving at the time the increase is voted.

Sec. 3.6. Organization of Board; Oaths of Office. The mayor and board of commissioners shall meet and organize for the transaction of business at a time established by ordinance, following the annual election and prior to July 1 each year. Before entering upon their offices, the mayor and each commissioner shall take, subscribe, and have entered upon the minutes of the board the following oath of office: "I, _____________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of ____________________________, on which I am about to enter, according to my best skill and ability; so help me, God."

Sec. 3.7. Meetings of Board. (a) The board of commissioners shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the mayor or a majority of the commissioners, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

(b) All meetings of the board of commissioners shall be open to the public. The board shall not be executive session or otherwise formally consider or vote upon any question in private session.

Sec. 3.8. Quorum; Votes. (a) A majority of the members elected to the board of commissioners shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

(b) The affirmative vote of a majority of the members of the board of commissioners shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting.

Sec. 3.9. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or providing of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this charter. The yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the board. The enacting clause of all ordinances shall be: "Be it ordained by the Board of Commissioners of the Town of Ayden." All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

ARTICLE IV. ELECTION PROCEDURE

Sec. 4.1. Regular Municipal Elections. The regular municipal elections shall be held on the first Monday in May of each year. In each even-numbered year, there shall be elected by the qualified voters of the town voting at large a mayor and a commissioner from each even-numbered ward established in accordance with Section 4.6 of this Article, but in no case less than two. In each odd-numbered year, there shall be elected by the qualified voters of the town voting at large a commissioner from each odd-numbered ward established in accordance with Section 4.6 of this Article, but in no case less than three. In addition, all offices to which appointments have been made due to vacancies shall be filled by election for the unexpired terms in the regular municipal elections. All municipal elections shall be nonpartisan elections.

Sec. 4.2. Voting. Each voter shall be entitled to vote for one candidate for each office to be filled. The candidate who receives the largest number of votes cast for mayor shall be declared elected. The candidate from each ward who receives the largest number of votes cast for commissioner from his ward shall be declared elected.

Sec. 4.3. Polling Places. Section 160-31 of the General Statutes, insofar as it requires a separate polling place in each ward, shall not apply to the Town of Ayden. The board of commissioners may establish one or more polling places in its discretion and may alter or abolish polling places in its discretion.

Sec. 4.4. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of mayor or commissioner shall file with the town manager a written statement giving notice of his candidacy. Such notice shall be filed not earlier than sixty days nor later than ten days prior to the election at which he offers his candidacy, shall be accompanied by payment of a filing fee of Five Dollars ($5.00), and shall be substantially in the following form: "I, _____________________, do hereby give notice that I am a candidate for election to the office of (Mayor) (Commissioner, Ward ________) to be voted on at the election to be held on __________________, and I hereby request that my name be placed on the official ballot for such office. I also certify that I am a resident and qualified voter of the Town of Ayden, Ward ________, residing at ______________________________.

Signature: _________________________________

Date: _____________________________________

Witness: __________________________________ ."

Sec. 4.5. Regulation of Elections. All municipal elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise herein provided.

Sec. 4.6. Wards; Establishment and Alterations. The board of commissioners shall have authority to subdivide the territory within the corporate limits into wards, at least five in number, to be known and designated by numbers. The board may by ordinance alter ward boundaries or create additional wards but no ordinance shall be effective to reduce the number of wards to less than five. In the event an ordinance is adopted creating one or more additional wards, it shall also provide for the election of commissioners from such wards in accordance with the provisions of this Article at the next regular municipal election following the effective date of the ordinance. However, no ordinance altering ward boundaries or creating new wards shall be adopted until after a public hearing in relation thereto, at which interested citizens shall have an opportunity to be heard. A notice of such public hearing shall be given once a week for two successive calendar weeks in a newspaper published in the town, such notice to be published for the first time not less than fifteen days prior to the date fixed for said hearing, and to include a statement of the purpose of the hearing and sufficient information regarding the proposed changes to adequately apprise the public thereof. After such public hearing, the board of commissioners may adopt an ordinance incorporating any changes which were included in the aforesaid public notice. Such ordinance shall become effective thirty days following its adoption unless there is deposited with the town manager within said thirty days a written petition actually bearing the signatures of a number of registered voters equal to twenty-five per cent of the number of votes cast for the candidates for mayor in the preceding municipal election protesting the changes or any part thereof and requesting that an election be held upon the same. In the event such a petition is deposited within the prescribed time, then such changes as are protested in the petition shall become effective only upon approval of a majority of the votes cast upon the same in the next regular municipal election on a special ballot provided for such purpose.

Sec. 4.7. Apportionment of Annexed Territory. The board of commissioners may by ordinance assign to one, or apportion between or among two or more, then existing wards any territory annexed by ordinance or by Act of the General Assembly. Such ordinance assigning or apportioning annexed territory shall not be subject to the provisions of Section 4.5 of this Article and shall be effective upon the effective date of annexation or the date specified in the ordinance; provided, Section 4.5 of this Article shall apply in such instances if the assigning or apportioning ordinance has the effect of establishing an additional ward.

Sec. 4.8. Present Ward Boundaries Continued. The present ward boundaries, described as set out below, shall continue until changed in accordance with the provisions of this Article:

No. 1. Bounded on the North by a line between Second and Third Streets, on the East by city limits, on the South by city limits, on the West by Atlantic Coast Line Railroad.

No. 2. Bounded on the North by city limits, on the East by city limits, on the South by a line between Second and Third Streets, on the West by Atlantic Coast Line Railroad.

No. 3. Bounded on the North by city limits, on the East by Atlantic Coast Line Railroad, on the South by a line between Second and Third Streets, on the West by city limits.

No. 4. Bounded on the North by a line between Second and Third Streets, on the East by North Carolina Highway No. 11 to Venters Street, then Venters Street to its intersection with a line between Second and Third Streets, on the South by City Limits, on the West by City Limits.

No. 5. Bounded on the North by a line between Second and Third Streets, on the East by Atlantic Coast Line Railroad, on the South by City Limits, on the West by North Carolina Highway No. 11 to Venters Street, then Venters Street to its intersection with a line between Second and Third Streets.

ARTICLE V. TOWN MANAGER

Sec. 5.1. Appointment; Compensation. The board of commissioners shall appoint an officer whose title shall be town manager and who shall be the chief executive officer of the town and the head of the administrative branch of the town government. The town manager shall be chosen by the board solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter prescribed. At the time of his appointment he need not be a resident of the town, but shall reside therein during his tenure of office. No person elected mayor or member of the board of commissioners shall be eligible for appointment as town manager until one year shall have elapsed following the expiration of the term for which he was elected. The town manager shall serve at the pleasure of the board of commissioners and shall receive such salary as the board shall fix. In case of the absence or disability of the manager, the board may designate a qualified administrative officer of the town to perform the duties of the manager during such absence or disability.

Sec. 5.2. Chief Administrator. The town manager shall be responsible to the board of commissioners for the proper administration of all the affairs of the town. As chief administrator, the town manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the town except the town attorney and the volunteer fire chief, each of whom shall be appointed as provided elsewhere in this charter. Neither the mayor nor the board of commissioners nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the town manager, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the town. Except for the purpose of inquiry, the mayor and the board of commissioners and its members shall deal with officers and employees in the administrative service only through the town manager, and neither the mayor nor the board of commissioners nor any of its members shall give orders or directions to any subordinate of the town manager, either publicly or privately.

Sec. 5.3. Duties of Town Manager. It shall be the duty of the town manager to supervise the administration of the affairs of the town; to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the State are faithfully executed and enforced; to make such recommendations to the board of commissioners concerning the affairs of the town as he shall deem expedient; to keep the board of commissioners advised of the financial condition and the future financial needs of the town; to attend all meetings of the board of commissioners and to prepare and submit to the board such reports as he may deem expedient or as may be required of him by the board; and to perform all other duties as may be required of him by the board of commissioners.

ARTICLE VI. TOWN ATTORNEY

Sec. 6.1. Appointment; Qualifications; Terms; Compensation. The board of commissioners shall appoint a town attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina, and who need not be a resident of the town during his tenure. The town attorney shall serve at the pleasure of the board of commissioners and shall receive such compensation as the board shall determine.

Sec. 6.2. Duties of Town Attorney. It shall be the duty of the town attorney to prosecute and defend suits for and against the town; to advise the mayor, board of commissioners, town manager, and other town officials with respect to the affairs of the town; to draw all legal documents relating to the affairs of the town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the town may be concerned; to attend all meetings of the board of commissioners; and to perform such other duties as may be required of him by virtue of his position as town attorney.

ARTICLE VII. ADMINISTRATIVE OFFICERS AND EMPLOYEES

Sec. 7.1. Town Clerk. The town manager may appoint a town clerk to keep a journal of the proceedings of the board of commissioners and to maintain in a safe place all records and documents pertaining to the affairs of the town, and to perform such other duties as may be required by law or as the manager may direct.

Sec. 7.2. Town Tax Collector. The town manager may appoint a tax collector to collect all taxes, licenses, fees and other moneys belonging to the town, subject to the provisions of this charter and the ordinances of the town, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

Sec. 7.3. Town Accountant. The town manager may appoint a town accountant to perform the duties of the accountant as required by the Municipal Fiscal Control Act.

Sec. 7.4. Consolidation of Functions. The town manager may, in his discretion, consolidate any two or more of the offices of town clerk, town tax collector, and town accountant, or may assign the functions of any one or more of these offices to the holder or holders of any other of these offices. The town manager may also, in his discretion, himself perform all or any part of the functions of any of the named offices, in lieu of appointing other persons to perform the same.

Sec. 7.5. Volunteer Fire Chief. The board of commissioners shall provide by ordinance for the appointment of the Volunteer Chief of the Ayden Fire Department. In the event the office of chief of the fire department shall be made a salaried office, it shall be filled in the manner herein prescribed for all other heads of town departments.

ARTICLE VIII. FINANCE

Sec. 8.1. Custody of Town Money. All moneys received by the town for or in connection with the business of the town government shall be paid promptly into the town depository. Such institution shall be designated by the board of commissioners in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the town shall accrue to the benefit of the town. All moneys belonging to the town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

Sec. 8.2. Issuance of Bonds. The town may issue bonds for the purposes and in the manner prescribed by the General Statutes of North Carolina relating to the issuance of bonds by municipalities.

Sec. 8.3. Purchases and Contracts. Purchases of apparatus, supplies, material and equipment, and contracts for construction or repair work shall be made in accordance with the General Statutes of North Carolina relating thereto.

Sec. 8.4. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the town government by a certified public accountant or a qualified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the town or of any of its officers. The board of commissioners shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the town, and may be published if so ordered by the board of commissioners.

ARTICLE IX. CLAIMS AGAINST THE TOWN

Sec. 9.1. Title to Properties Used for Certain Purposes. In the absence of any contracts with the town in relation to the lands used or occupied by it for the purposes of streets, sidewalks, alleys, or other public works of the town signed by the owner thereof or his agent, it shall be conclusively presumed that said land has been granted to the town by the owner or owners, and the town shall have good right and title thereto and shall have, hold, and enjoy the same. Unless the owner or owners of said land, or those claiming under them, shall make claim or demand in writing addressed to the board of commissioners within two years following the date when such land was taken, he or they shall be forever barred from recovering such land or having any compensation therefor; provided, nothing herein shall affect the rights of persons under disabilities until two years following removal thereof.

Sec. 9.2. Tort Claims. All claims or demands against the town arising in tort shall be presented to the board of commissioners in writing, signed by the claimant or his attorney or agent, within ninety days after such claim or demand is due or the cause of action accrues. No suit or action shall be brought on such a claim or demand within ten days or after the expiration of twelve months from the time such claim or demand is presented. Unless the said claim or demand is so presented within ninety days, and unless suit is brought within twelve months thereafter, any action thereon shall be barred.

ARTICLE X. MISCELLANEOUS

Sec. 10.1. Traffic Bureau. The board of commissioners may by ordinance establish a traffic bureau to process and collect civil penalties provided for violations of parking and traffic ordinances of the town. No tax shall be paid to the State of North Carolina in cases finally disposed of by the traffic bureau. All civil penalties collected by the traffic bureau shall be paid into the general fund of the town, unless otherwise provided by ordinance.

Sec. 10.2. Library and Recreation Funds. The board of commissioners may, in its discretion, appropriate annually from non-tax revenues an amount not exceeding Ten Thousand Dollars ($10,000.00) for recreational purposes and an amount not exceeding Five Thousand Dollars ($5,000.00) for library purposes. The money so appropriated shall be appropriated, expended, disbursed, and accounted for in accordance with the Municipal Fiscal Control Act.

Sec. 10.3. Police Jurisdiction Extended. (a) The jurisdiction of the police force of the town is hereby extended to include all territory outside and within one mile of the corporate limits, and all town police officers shall have within such territory all rights, power, and authority as they have within the corporate limits of the town.

(b) The jurisdiction of the police force of the town is hereby extended to include all town-owned properties and facilities, whether located within or without the corporate limits, and all town police officers shall have upon and within such property and facilities all rights, power, and authority as they have within the corporate limits of the town.

Sec. 5. The purpose of this Act is to revise the Charter of the Town of Ayden and to consolidate into it certain Acts concerning the property, affairs, and government of the Town of Ayden. It is intended to continue in force without interruption those provisions of prior Acts which are consolidated into this Act, so that all rights and liabilities that have accrued are preserved and may be enforced.

Sec. 6. 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 public schools in the Town of Ayden;

(b) Any Acts relating to the Ayden Recorder's Court;

(c) Any Acts relating to the Pitt County Peace Officers' Relief Fund or the Pitt County Peace Officers' Protective Association;

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

(e) Any Acts authorizing conveyance or sale of particular town property or interests therein.

Sec. 7. The following Acts, having served the purposes for which enacted, or having been consolidated into this Act, are hereby repealed:

(1) N. C. Private Laws, 1891, Chapter 27 (incorporation);

(2) N. C. Public Laws, 1891, Chapter 581 (sale of liquor);

(3) N. C. Public Laws, 1893, Chapter 238 (sale of liquor);

(4) N. C. Private Laws, 1893, Chapter 295 (mayor's powers);

(5) N. C. Public Laws, 1895, Chapter 452 (name changed);

(6) N. C. Private Laws, 1899, Chapter 29 (name changed);

(7) N. C. Private Laws, 1899, Chapter 356 (corporate limits);

(8) N. C. Public Laws, 1903, Chapter 466 (sale of liquor);

(9) N. C. Private Laws, 1905, Chapter 27 (fire district);

(10) N. C. Public Laws, 1905, Chapter 620 (liquor election);

(11) N. C. Private Laws, 1905, Chapter 50 (cotton weigher);

(12) N. C. Public Laws, 1907, Chapter 355 (sale of liquor);

(13) N. C. Private Laws, 1907, Chapter 437 (revisal of charter);

(14) N. C. Private Laws, 1913 Regular Session, Chapter 299 (payment of school bonds);

(15) N. C. Private Laws, 1913 Regular Session, Chapter 367 (corporate limits);

(16) N. C. Private Laws, 1913 Extra Session, Chapter 85 (tax rates);

(17) N. C. Private Laws, 1915, Chapter 80 (water, sewer, electric bonds; tax levy);

(18) N. C. Private Laws, 1917, Chapter 189 (corporate limits);

(19) N. C. Private Laws, 1921, Regular Session, Chapter 226 (street, sidewalk improvements);

(20) N. C. Private Laws, 1921, Regular Session, Chapter 235 (street improvements);

(21) N. C. Private Laws, 1921 Extra Session, Chapter 31 (street improvements);

(22) N. C. Private Laws, 1923, Chapter 152 (street bonds);

(23) N. C. Private Laws, 1925, Chapter 22 (cotton weigher salary);

(24) N. C. Private Laws, 1925, Chapter 158 (elections);

(25) N. C. Private Laws, 1927, Chapter 118 (mayor's fees; police fees);

(26) N. C. Private Laws, 1931, Chapter 116 (establishment of bank);

(27) N. C. Private Laws, 1933, Chapter 81 (payment of street assessments);

(28) N. C. Private Laws, 1933, Chapter 206 (payment of taxes, street assessments);

(29) N. C. Public-Local Laws, 1937, Chapter 529 (tax sales, foreclosures);

(30) N. C. Session Laws, 1947, Chapter 268 (traffic bureau);

(31) N. C. Session Laws, 1951, Chapter 11 (at large elections);

(32) N. C. Session Laws, 1953, Chapter 46 (corporate limits);

(33) N. C. Session Laws, 1953, Chapter 424 (library, recreation funds);

(34) N. C. Session Laws, 1953, Chapter 505 (salaries of mayor, board);

(35) N. C. Session Laws, 1955, Chapter 482 (corporate limits);

(36) N. C. Session Laws, 1955, Chapter 926 (drainage assessments);

(37) N. C. Session Laws, 1957, Chapter 372 (library, recreation funds);

(38) N. C. Session Laws, 1961, Chapter 78 (mayor's term, jurisdiction);

(39) N. C. Session Laws, 1961, Chapter 1029 (corporate limits);

(40) N. C. Session Laws, 1963, Chapter 174 (library, recreation funds);

(41) N. C. Session Laws, 1963, Chapter 175 (corporate limits).

Sec. 8. No provision of this Act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private);

(a) Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this Act;

(b) Derived from, or which might be sustained or preserved in reliance upon, any action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this Act.

Sec. 9. No provision of law heretofore repealed expressly or by implication, and no provision of law granting authority which has been exhausted, shall be revived by:

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

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

Sec. 10. (a) All existing ordinances and resolutions of the Town of Ayden, and all existing rules or regulations of departments or agencies of the Town of Ayden, not inconsistent with the provisions of this Act, shall continue in full force and effect until repealed, modified, or amended.

(b) 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 Town of Ayden or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

Sec. 11. If any provision of this Act or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, 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. 12. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict.

Sec. 13. This Act shall be in full force and effect from and after its ratification, subject to the provisions of Sections 1 through 3 hereof.

In the General Assembly read three times and ratified, this the 17th day of March, 1965.