NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1054

SENATE BILL 701

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF ROANOKE RAPIDS AND TO REPEAL PRIOR CHARTER ACTS.

 

The General Assembly of North Carolina do enact:

 

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

"THE CHARTER OF THE CITY OF ROANOKE RAPIDS

ARTICLE 1. INCORPORATION AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The City of Roanoke Rapids shall continue to be a body politic and corporate under the name of the 'City of Roanoke Rapids', and shall continue to be vested with all property and rights which now belong to the City; shall have perpetual succession; may have a common seal and alter and renew the 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 City, 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 City Council 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 City of Roanoke Rapids 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.

"Sec. 1.4. Form of Government; Certain General Laws Not Applicable. The form of government of the City of Roanoke Rapids shall be the Council-Manager form, as specified in this Charter. None of the provisions of Part 4 of Article 22 of Chapter 160 of the General Statutes shall be applicable to the City of Roanoke Rapids.

"ARTICLE II. CORPORATE BOUNDARIES

"Sec. 2.1. Existing Corporate Boundaries. The corporate boundaries of the City shall be those existing at the time of ratification of this Charter and as the same may be altered from time to time in accordance with applicable laws. The City Council shall cause to be prepared a map to be designated 'Map of Roanoke Rapids City Limits,' showing the corporate boundaries as the same may exist as the date of ratification of this Charter. The City Council shall also cause to be prepared a written description of the corporate boundaries as shown on said map, to be designated 'Description of Roanoke Rapids City Limits.' Said map and description shall be retained permanently in the office of the City Clerk as the official map and the description of the corporate boundaries of the City. Immediately upon alterations of the corporate boundaries made pursuant to law from time to time, the City Council shall cause such alterations to be indicated appropriate changes in or additions to said official map and description. Photographic, typed or other copies of said official map or description, certified by the City Clerk, shall be admitted in evidence in all courts and shall have the same force and effect as would the official map or description. The City Council may provide for the redrawing of the official map and the rewriting of the official description as may from time to time be required. A redrawn map and a rewritten description shall supersede for all purposes the earlier maps and descriptions which are respectively replaced.

"ARTICLE III. MAYOR AND CITY COUNCIL

"Sec. 3.1. Composition of City Council. The City Council shall consist of five members to be elected by and from the qualified voters of the City voting at large in the manner provided by Article IV.

"Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall be elected by the City Council from among its members, at the first meeting of the Council following the regular election. The Mayor shall be the official head of the City government and shall preside at all meetings of the City Council. The Mayor shall have the power to vote on all questions coming before the Council, in his capacity as a member thereof, and he shall not have power to vote again in instances wherein there is an equal division among the members on a question. 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 City. The City Council 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 Council.

"Sec. 3.3. Terms; Qualifications; Vacancies. (a) The members of the City Council shall serve for terms of two years, and the Mayor shall serve as such for the term for which he was elected to the Council. Terms shall begin the day and hour of the organizational meeting following the election, as established by ordinance in accordance with this Charter.

"(b)      No person shall be eligible to be a candidate or be elected as a member of the City Council, or to serve in such capacity, unless he is a resident and a qualified voter of the City.

"(c)      If any elected Councilman shall refuse to qualify, or if there shall be any vacancy in the office of Councilman after election and qualification, the remaining members of the Council shall by majority vote appoint some qualified person to serve for the unexpired term. Any Councilman so appointed shall have the same authority and powers as if regularly elected.

"Sec. 3.4. Compensation of Mayor and Councilmen. The Mayor shall receive for his services such salary as the Council 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 Council may establish a salary for its members which may be increased or reduced, but no increase shall be made to take effect during the term in which it is voted.

"Sec. 3.5. Organization of Council; Oaths of Office. The City Council 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, each Councilman shall take, subscribe, and have entered upon the minutes of the Council 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 City Councilman of the City of Roanoke Rapids, on which I am about to enter, according to my best skill and ability; so help me, God.'

"Sec. 3.6. Meetings of Council. (a) The City Council 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 Council, 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 City Council shall be open to the public. The Council shall not by executive session or otherwise formally consider or vote upon any question in private session.

"Sec. 3.7. Quorum; Votes. (a) A majority of the members elected to the City Council 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 Council 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. 3.8. 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 yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the Council. The enacting clause of all ordinances shall be: 'Be it ordained by the City Council of the City of Roanoke Rapids'. 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 Tuesday after the first Monday in May of each odd-numbered year. In each election year, there shall be elected by the qualified voters of the City voting at large five Councilmen to serve for terms of two years, or until their successors are elected and qualified.

"Sec. 4.2. Voting. Each voter shall be entitled to vote for five candidates for Councilman. The five candidates who receive the largest numbers of votes shall be declared elected. In case of a tie between opposing candidates, the result shall be determined by lot.

"Sec. 4.3. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of City Councilman shall file with the City Clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than 60 days nor later than 5:00 p.m. on the third Friday preceding the election at which he offers his candidacy, shall be accompanied by payment of a filing fee of ten dollars ($10.00), and shall be substantially in the following form: 'I, _____________________, do hereby give notice that I am a candidate for election to the office of City Councilman, to be voted upon at the election to be held on __________________________, and I hereby request that my name be placed on the official ballot for such office. I certify that I am a resident and qualified voter of the City of Roanoke Rapids, residing at ____________________________

                                                                        ___________________________________

(Signature)

 

Witness: ______________________        __________________________________ .'

(Date)

"Sec. 4.4. Regulation of Elections. All municipal elections shall be conducted in accordance with Article 3 of Chapter 160 of the General Statutes, except as otherwise herein provided.

"ARTICLE V. CITY MANAGER

"Sec. 5.1. Appointment; Compensation. The City Council shall appoint an officer whose title shall be City Manager and who shall be the chief executive officer of the City and the head of the administrative branch of the City government. The City Manager shall be chosen by the Council 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 City, but shall reside therein during his tenure of office. No person elected as Councilman shall be eligible for appointment as City Manager until one year shall have elapsed following the expiration of the term for which he was elected. The City Manager shall serve at the pleasure of the Council and shall receive such salary as the Council shall fix. In case of absence or disability of the Manager, the Council may designate a qualified administrative officer of the City to perform the duties of the Manager during such absence or disability.

"Sec. 5.2. Chief Administrator. The City Manager shall be responsible to the City Council for the proper administration of all the affairs of the City. As chief administrator, the City Manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the City, except the City Attorney, who shall be appointed as provided in Article VI of this Charter. The City Manager shall report every such appointment and removal to the Council at the next meeting thereof following such appointment or removal. Neither the Mayor nor the Council nor any of its members shall give orders or directions to any subordinate of the City Manager, either publicly or privately.

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

"ARTICLE VI. CITY ATTORNEY

"Sec. 6.1. Appointment; Qualifications; Term; Compensation. The City Council shall appoint a City 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 City during his tenure. The City Attorney shall serve at the pleasure of the Council and shall receive such compensation as the Council shall determine.

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

"ARTICLE VII. ADMINISTRATIVE OFFICERS AND EMPLOYEES

"Sec. 7.1. City Clerk. The City Manager may appoint a City Clerk to keep a journal of the proceedings of the Council and to maintain in a safe place all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the City Manager may direct.

"Sec. 7.2. City Tax Collector. The City Manager may appoint a Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the City, subject to the provisions of this Charter and the ordinances of the City. The Tax Collector 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. City Accountant. The City Manager may appoint a City Accountant to perform the duties of the Accountant as required by the Municipal Fiscal Control Act.

"Sec. 7.4. Consolidation of Functions. The City Manager may, with the approval of the City Council, consolidate any two or more of the positions of City Clerk, City Tax Collector, and City Accountant, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions. The City Manager may also, with the approval of the City Council, designate a single employee to perform the functions of the named offices, in lieu of appointing several persons to perform the same.

"ARTICLE VIII. FINANCE AND TAXATION

"Sec. 8.1. Custody of City Money. All money received by the City for or in connection with the business of the City government shall be paid promptly into the City depository. Such institution shall be designated by the City Council 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 City shall accrue to the benefit of the City. All moneys belonging to the City shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

"Sec. 8.2. 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 City 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 City or of any of its officers. The City Council shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the City, and may be published if so ordered by the Council.

"Sec. 8.3. Delinquent Taxes to General Fund. The City Council may, in its discretion, direct the payment into the General Fund of all or any part of the proceeds of taxes which are collected subsequent to the end of the fiscal year for which they were levied.

"ARTICLE IX. PURCHASES AND CONTRACTS; SALE OF PROPERTY

"Sec. 9.1. Purchases and Contracts. All purchases of apparatus, supplies, materials and equipment, and all contracts for construction or repair work, shall be made in accordance with applicable provisions of the General Statutes.

"Sec. 9.2. Disposal of Surplus Personal Property. The City Council shall have power, in addition to the power granted by G. S. 160-59, to sell, or to direct any of its officers or employees to sell, any personal property which the Council has declared to be surplus property, in the following manner:

"(a)      without bids or advertisement, at private sale, if the property has a market value of five hundred dollars ($500.00) or less;

"(b)      to the highest bidder upon receipt of informal written bids, with only such advertisement as the Council may direct, if the property has a market value of more than five hundred dollars ($500.00) but no more than two thousand dollars ($2,000.00); provided, all such bids received shall be recorded on the minutes of the Council;

"(c)      to the highest bidder upon receipt of sealed bids after one week's public notice, if the property has a market value in excess of two thousand dollars ($2,000.00); provided, all such sealed bid proposals shall be opened in public and recorded on the minutes of the Council.

"ARTICLE X. POLICE

"Sec. 10.1. Jurisdiction Extended.

"(a)      The jurisdiction of the police force is hereby extended to include all territory outside and within one mile of the corporate limits, and all members of the police force shall have within such territory all rights, power and authority as they have within the corporate limits.

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

"Sec. 10.2. Effect of Ordinance on Town Property. All applicable ordinances of the City shall have full force and effect upon and within all City-owned property and facilities, whether located within or outside the corporate limits.

"ARTICLE XI. STREET IMPROVEMENTS

"Sec. 11.1. Authority. In addition to any authority which is now or may hereafter be granted by general law to the City for making street improvements, the City Council is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this Article.

"Sec. 11.2. When Petition Unnecessary. The City Council may order street improvements and assess the cost thereof, exclusive of the costs incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the finding by the Council as a fact:

"(a)      That the street improvement project does not exceed 1200 lineal feet, and

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

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

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

"Sec. 11.3. Street Improvement Defined. For the purposes of the preceding Section, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right of way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

"Sec. 11.4. Assessment Procedure. In ordering street improvements without a petition and assessing the cost thereof under authority of this Article, the City Council shall comply with the procedure provided by Article 9, Chapter 160 of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.

"Sec. 11.5. Effect of Assessments. The effect of the act of levying assessments under authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.

"ARTICLE XII. SIDEWALKS

"Sec. 12.1. Maintenance of Sidewalks. It shall be the duty of every property owner in the City to keep clean and free of debris, trash, and other obstacles or impediments the sidewalks abutting his property.

"Sec. 12.2. Repair and Cleaning of Sidewalks; Charges. The City Council may by ordinance establish a procedure whereby City forces may remove from any sidewalk any debris, trash, ice, or snow upon failure of the abutting property owner after 24 hours notice to do so. In such event, the cost of such removal shall become a lien upon the abutting property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the City or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs and penalties as provided by law for the foreclosure of the lien on real estate for ad valorem taxes.

"ARTICLE XIII. REFUSE, WEEDS, AND TRASH

"Sec. 13.1. Property Kept Free of Offensive Matter. It shall be the duty of every property owner in the City to keep his property free from noxious weeds, trash, and all other forms of offensive animal or vegetable matter or refuse which may be dangerous or prejudicial to the public health or which may constitute a public nuisance.

"Sec. 13.2. Removal of Offensive Matter; Charges a Lien. The City Council may by ordinance establish a procedure whereby City forces may clean, cut and remove any weeds, trash, refuse or other offensive matter from any property upon failure of the owner or occupant after ten days notice to do so. In such event, the cost of such cleaning, cutting and removal shall become a lien upon the particular property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the City or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs and penalties as provided by law for the foreclosure of the lien on real property for ad valorem taxes.

"ARTICLE XIV. REGULATORY POWERS

"Sec. 14.1. Inspection Fees. In addition to any authority now or hereafter granted to the City Council by general or local law, the City Council is hereby authorized to fix a schedule of fees for building, plumbing, electrical and other inspections required by and performed pursuant to any regulatory codes adopted by the Council.

"ARTICLE XV. CLAIMS AGAINST THE CITY

"Sec. 15.1. Presentation of Claims; Suit Upon Claims.

"(a)      All claims or demands against the City of Roanoke Rapids arising in tort shall be presented to the City Council in writing, signed by the claimant, his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within 30 days or after the expiration of 12 months from the time said claim or demand is so presented. Unless the claim or demand is so presented within 90 days after the cause of action accrues, and unless suit is brought within 12 months thereafter, any action thereon is barred.

"(b)      No action shall be instituted against the City on account of damages to or compensation for real property taken or used by the  City for any public purpose or for the ejectment of the City therefrom, or to remove a cloud upon the title thereof, unless, within 12 months after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the City Council of the claim, stating in the notice the date that the alleged use commenced, a description of the property alleged to have been used, and the amount of the damage or compensation claimed.

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

"Sec. 15.2. Settlement of Claims by City Manager. The City Manager may, with the approval of the City Council, settle claims against the City for (1) personal injuries or damages to property when the amount involved does not exceed the sum of one hundred dollars ($100.00) and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expense actually incurred and (2) the taking of small portions of private property which are needed for the rounding of corners at intersections of streets, when the amount involved in any such settlement does not exceed five hundred dollars ($500.00) and does not exceed the actual loss sustained. Settlement of a claim by the City Manager pursuant to this Section shall constitute a complete release of the City from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such settlements and all such releases shall be approved in advance by the City Attorney."

Sec. 2. The purpose of this Act is to revise the Charter of the City of Roanoke Rapids and to consolidate herein certain Acts concerning the property, affairs, and government of the City. It is intended to continue 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. 3. This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following Acts; portions of Acts, or amendments thereto, whether or not such Acts, portions of Acts, or amendments are expressly set forth herein:

(a)       Any Acts concerning the property, affairs or government of public schools in the City of Roanoke Rapids;

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

Sec. 4. The following Acts or portions of Acts, having served the purposes for which enacted, or having been consolidated into this Act, are hereby repealed:

c. 53, Private Laws, 1897

c. 389, Private Laws, 1901

c. 9, Private Laws, 1907

c. 53, Private Laws, 1931

c. 96, Private Laws, 1931

c. 134, Private Laws, 1931

c. 88, Private Laws, 1935

c. 67, Public-Local Laws, 1937, except Section 3 thereof

c. 57, Public-Local Laws, 1939

c. 125, Session Laws, 1943

c. 412, Session Laws, 1945

c. 186, Session Laws, 1947

c. 668, Session Laws, 1947

c. 800, Session Laws, 1947

c. 2, Session Laws, 1949

c. 3, Session Laws, 1949

c. 569, Session Laws, 1949

c. 162, Session Laws, 1951

c. 254, Session Laws, 1951

c. 472, Session Laws, 1951

c. 180, Session Laws, 1953

c. 348, Session Laws, 1953

c. 197, Session Laws, 1955

c. 275, Session Laws, 1955

c. 155, Session Laws, 1957

c. 107, Session Laws, 1959

c. 33, Session Laws, 1961

c. 133, Session Laws, 1961

c. 34, Session Laws, 1963

c. 133, Session Laws, 1963

c. 249, Private Laws, 1913

c. 250, Private Laws, 1921

c. 72, Private Laws, 1921 Extra Session

c. 167, Private Laws, 1925

Sec. 5. 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, 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. 6. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:

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

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

Sec. 7. (a) All existing ordinances and resolutions of the City of Roanoke Rapids, and all existing rules or regulations of departments or agencies of the City of Roanoke Rapids, 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 City of Roanoke Rapids or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

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

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

Sec. 10. This Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.