S.L. 1965-876

NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 876

SENATE BILL 507

AN ACT TO INCORPORATE THE TOWN OF KING IN STOKES COUNTY SUBJECT TO AN ELECTION.

The General Assembly of North Carolina do enact:

Section 1. (a) The Board of Elections of Stokes County shall conduct a special election not later than April 1, 1967 for the purpose of submitting to the qualified voters of the area hereinafter described as the proposed corporate limits of the Town of King the question of whether or not such area shall be incorporated as the Town of King, as provided in this Act.

(b) Except as otherwise provided in this Section, the special election shall be conducted in accordance with the provisions of law applicable to regular county elections. A new registration of all qualified voters in the described area shall be conducted for the purpose of registering the names of those who desire to vote in such special election, and in the first election of town officials in the event the special election results in incorporation. The registration period for such new registration shall be as provided in G. S. 163-31 for the regular registration of new voters.

(c) In the special election, those voters who favor the incorporation of the Town of King as provided in this Act shall vote a ballot upon which shall be printed the words: "FOR Incorporation of Town of King", and those voters who are opposed to the incorporation of the Town of King as provided in this Act shall vote a ballot upon which shall be printed the words: "AGAINST Incorporation of Town of King".

Sec. 2. If a majority of the votes cast in such special election shall be cast "AGAINST Incorporation of Town of King", then Sections 3 through 8 of this Act shall have no force and effect.

Sec. 3. If a majority of the votes cast in such special election shall be cast "FOR Incorporation of Town of King", then Section 4 of this Act shall be in full force and effect from and after the first day of April following such election, and Sections 5 through 8 of this Act shall be in full force and effect from and after the Wednesday after the first Monday in May following such election.

Sec. 4. (a) The Board of Elections of Stokes County shall, on Tuesday after the first Monday in May following such election conduct another election for the purpose of electing a mayor and five commissioners for the Town of King. Such election shall be conducted within the area hereinafter described as the corporate limits of the Town of King. The registration books used for the special election on the question of incorporation shall be used for the election of officers for the town, and no new registration shall be necessary; provided, however, that the registration books shall be open between the hours of nine o'clock a. m. and five o'clock p. m. from the third Saturday through the second Saturday preceding the day of election for the purpose of registering any qualified voters who are not then registered. The Saturday preceding the day of election shall be Challenge Day.

(b) Any qualified voter who would offer himself as a candidate for mayor or commissioner in such election shall file with the Chairman or Clerk of the Board of Elections of Stokes County a written statement giving notice of his candidacy. Such notice shall be filed not earlier than the first day of April preceding the day of election and not later than five o'clock p. m. on the third Friday preceding the day of election and shall be substantially in the following form: "I, .................................................. ,

do hereby give notice that I am a candidate for election to the office of ..........................................., Town of King, to be voted on at the election to be held on May......... ,196 , 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 King, residing at..................................................

................................ (signature).........................................

..................................... (date)............................................

Witness: ...................................................... "

(c) In such election, each qualified, registered voter shall be entitled to vote for one candidate for mayor and for five candidates for commissioner. The candidate for mayor who receives the largest number of votes shall be declared elected, and the five candidates for commissioner who receive the largest numbers of votes shall be declared elected. In case of a tie between opposing candidates, the Board of Elections shall determine the result by lot.

(d) The Chairman of the Board of Elections shall notify the persons elected as mayor and commissioners, and shall designate some qualified officer to administer to them the oath of office, which shall be done as soon as practicable following their election. The mayor and commissioners shall serve until the next succeeding regular municipal election, as hereinafter provided for or until their successors are elected and qualified. During such term, they shall have all power, authority, duties, and responsibilities hereinafter delegated to the Mayor and Board of Commissioners of the Town of King.

Sec. 5. The following provisions of law shall constitute the Charter of the Town of King, in Stokes County:

"THE CHARTER OF THE TOWN OF KING

"ARTICLE I. INCORPORATION AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The inhabitants of the area described in Section 2.1 of this Charter shall be and constitute a body politic and corporate under the name of the 'Town of King', and shall be vested with all property which may be acquired by the town, and all rights herein delegated to it; 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.

"Section 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.

"Section 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 King 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

"Section 2.1. Corporate Boundaries. The corporate boundaries of the Town of King shall be as follows until changed in accordance with law:

"Beginning at a point in the center line of old U. S. Highway 52 said point being 500 feet southeast of the intersection of Highway 52 and Mountain View Road; thence in a northeastwardly direction 250 feet; thence parallel with Highway 52 northwestwardly 200 feet to a point 300 feet southeastwardly from Mountain View Road; thence parallel with Mountain View Road northeastwardly to a point 300 feet South of Helsabeck Road; thence parallel with Helsabeck Road to a point in Lyle Reeds house lot East line; thence North crossing Helsabeck Road 600 feet to a point; thence parallel with Helsabeck Road westwardly to a point 300 feet East of the Mountain View Road; thence parallel with Mountain View Road northwardly 200 feet to a point; thence westwardly crossing Mountain View Road 550 feet to a point; thence southwestwardly parallel with Mountain View Road to a point 300 feet northeastwardly of the old U. S. Highway 52; thence westwardly and parallel with old Highway 52 to a point in the East line of the Clyde Moorefield Service Station property; thence northwardly 600 feet to a point; thence westwardly to a point 300 feet East of Brown Road in Lowell Smitherman's North line; thence parallel with Brown Road northwardly to a point 300 feet East of the intersection of Brown and Southern Road; thence northwestwardly crossing said intersection 600 feet to a point; thence parallel with Brown Road southwardly to a point 250 feet northeast of Glenn Avenue; thence parallel with Glenn Avenue westwardly to the northwest corner of lot number 7 of Saura Hills subdivision; thence southwestwardly to Rowden Rippey's northwest corner; thence southwestwardly to a point 250 feet northeast of old Highway 52; thence parallel with Highway 52 northwestwardly to a point in the Ralph Hauser and Mitchell line; thence with the Hauser-Mitchell line southwestwardly crossing Highway 52 and Southern Railway to a point in center line of Dalton Road; thence along the center line of Dalton Road to a point where Dalton Road and White Road intersects; thence with the center line of White Road 300 feet; thence parallel southeastwardly to a point 250 feet northwest of Pilot View Drive; thence parallel with Pilot View Drive southwardly to the center line of Meadow Brook Drive; thence with the center line of Meadow Brook Drive eastwardly to the northwest corner of the Will Fulk (deceased) property; thence southwardly with the East line of the Will Fulk property to the northwest corner of the American Legion property; thence continuing southwardly with the West line of the American Legion property to the southwest corner of the American Legion property; thence along the South line of the American Legion property eastwardly to a point in the center line of the King-Tobaccoville Road; thence along the center line of said road southwardly to a point John Moser's southwest corner; thence with Moser's South line eastwardly to John Moser's southeast corner; thence continuing northwardly to John Moser's northeast corner; thence eastwardly to Bobby Shelton's southwest corner; thence with Bobby Shelton's South line eastwardly to Bobby Shelton's southeast corner; thence northwardly to a point N. G. Goff's northeast corner; thence eastwardly to Bill Haynes' southwest corner; thence continuing eastwardly with Haynes' line and falling in on Mrs. Charles Hutchins' line to a point, said point being West of Kirby Road; thence parallel with Kirby Road southwestwardly to a point in Dennis Moore's South line; thence with Moore's South line eastwardly 250 feet to the center line of Kirby Road; thence with the center line of Kirby Road northeastwardly to a point, said point being Roy Watts' southwest corner; thence with Roy Watts' South line southeastwardly 250 feet; thence parallel with Kirby Road North eastwardly to a point 250 feet South of old U. S. Highway 52; thence parallel with old Highway 52 southeastwardly to a point southwestwardly 250 feet from the beginning point; thence North eastwardly 250 feet to the beginning.

"ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

"Section 3.1. Mayor and Mayor Pro Tempore. The mayor shall be elected by and from the qualified voters of the town voting at large in the manner provided in Article IV. The mayor shall be the official head of the town government and shall preside at all meetings of the Board of Commissioners. When there is an equal division upon any question, or in the appointment of officers by the board, the mayor 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.

"Section 3.2. Composition of Board of Commissioners. The Board of Commissioners shall consist of five members to be elected by and from the qualified voters of the town voting at large in the manner provided by Article IV.

"Section 3.3. Terms; Qualifications; Vacancies.

"(a) The mayor and the 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 such 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 for the unexpired term. Any mayor or commissioner so appointed shall have the same authority and powers as if regularly elected.

"Section 3.4. Compensation of Mayor and Commissioners. The mayor shall receive for his services such salary as the Board of Commissioners shall determine, 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 which 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.

"Section 3.5. Organization of Board; Oaths of Office. The Board of Commissioners shall meet and organize for the transaction of business at a time established by ordinance, following each biennial election and prior to July 1. 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.'

"Section 3.6. 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 by executive session or otherwise formally consider or vote upon any question in private session.

"Section 3.7. 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.

"Section 3.8. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The ayes and noes 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 King'. All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. ELECTION PROCEDURE

"Section 4.1. Regular Municipal Elections. The regular municipal elections shall be held on the Tuesday after the first Monday in May of each odd-numbered year, beginning in 1967. In each election year, there shall be elected by the qualified voters of the town voting at large a mayor and five commissioners to serve for terms of two years, or until their successors are elected and qualify.

"Section 4.2. Voting. Each voter shall be entitled to vote for one candidate for mayor and for five candidates for commissioner. The candidate for mayor who receives the largest number of votes for mayor shall be declared elected, and the five candidates for commissioner who receive the largest number of votes for commissioner shall be declared elected.

"Section 4.3. 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 clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than sixty days nor later than five o'clock p. m. on the tenth day 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 ............................................................ 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 King, residing at .......................................................

................................ (signature).........................................

..................................... (date)............................................

Witness: ...................................................... '

"Section 4.4. County May Conduct Elections. The Board of Commissioners may, in its discretion, contract with the Stokes County Board of Commissioners or the Stokes County Board of Elections for the regular municipal elections, and filings and registrations therefor, to be conducted by the County Board of Elections. In such event, the County Board of Elections may use the regular county registration books for such election, may use the town registration books for county election purposes, or may in any manner not in conflict with such contract consolidate the registration books of the county and the Town of King. Also in such event, the election and registration duties and powers delegated to town officials by this Charter and by Article 3, Chapter 160, of the General Statutes, may be performed by the appropriate county officials.

"Section 4.5. Regulation of Elections. All municipal elections shall be conducted in accordance with Article 3, Chapter 160. of the General Statutes of North Carolina, except as otherwise herein provided.

"ARTICLE V. TOWN ATTORNEY

"Section 5.1. Appointment; Qualifications; Term; 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.

"Section 5.2. 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, 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 VI. ADMINISTRATIVE OFFICERS AND EMPLOYEES

"Section 6.1. Town Clerk. The Board of Commissioners may appoint a town clerk to keep a journal of the proceedings of the board 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 board may direct.

"Section 6.2. Town Tax Collector. The Board of Commissioners 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.

"Section 6.3. Town Accountant. The Board of Commissioners may appoint a town accountant to perform the duties of the accountant as required by the Municipal Fiscal Control Act.

"Section 6.4. Consolidation of Functions. The Board of Commissioners may, in its 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 board may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named offices, in lieu of appointing several persons to perform the same.

"Section 6.5. Other Employees. The Board of Commissioners may create and fill by appointment such other offices as it deems advisable to insure the efficient administration of the town's affairs, and may, in its discretion, appoint a person to supervise all town departments and may delegate to such person the power of appointment and removal of department heads and employees, other than the town attorney.

"ARTICLE VII. FINANCE AND TAXATION

"Section 7.1. 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.

"Section 7.2. 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.

"Section 7.3. Purchases and Contracts. Purchases of apparatus, supplies, materials and equipment, and contracts for constructions or repair work shall be made in accordance with the General Statutes of North Carolina relating thereto.

"Section 7.4. 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.

"Section 7.5. Taxation. G. S. 160-402 is hereby amended in its application to the Town of King by changing the period at the end of the first sentence thereof to a semicolon and by inserting immediately following such semicolon the words: 'provided, that the Board of Commissioners of the Town of King may not levy for the purposes named in this Section any annual ad valorem tax at a rate in excess of twenty-five cents (25¢) on the one hundred dollar ($100.00) valuation unless the excess of the amount over twenty-five cents (25¢) shall first have been approved by a majority of the qualified voters voting in an election conducted for such purpose. The board is hereby authorized to submit to the qualified voters at regular or special elections the question of levying an ad valorem tax at a rate in excess of twenty-five cents (25¢); any special election called for such purpose shall be conducted in accordance with the provisions of the town Charter relating to regular elections of officers of the town.'

"ARTICLE VIII. CLAIMS AGAINST THE TOWN

"Section 8.1. 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 thirty 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."

Sec. 6. 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. 7. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 8. This Act shall be in full force and effect from and after its ratification subject to the provisions of Sections I through 3 hereof.

In the General Assembly read three times and ratified, this the 9th day of June, 1965.