NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 650

HOUSE BILL 855

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF SANFORD.

 

The General Assembly of North Carolina do enact:

 

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

 

"THE CHARTER OF THE CITY OF SANFORD

 

ARTICLE I. INCORPORATION AND CORPORATE POWERS

 

Sec. 1.1. Incorporation and General Powers. The City of Sanford shall continue to be a body politic and corporate under the name of the 'City of Sanford', 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, 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 Board of Aldermen 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 Sanford 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. BEGINNING at a point of intersection of the northern line of U. S. No. 1 Bypass (103 feet from the center line of the southbound lane) and the northern right of way of the Southern Railroad, 40 feet from the center thereof, and running thence South 53 degrees 30 minutes East along the right of way of the said Southern Railroad and 40 feet from the center thereof 2700 feet to a point in said right of way; thence North 41 degrees East 150 feet to an old corner of the lands of Dr. F. W. McCraken and Mary McIver; thence North 55 degrees 45 minutes East 800 feet to a point; thence North 1,055 feet to a point; thence West 315 feet to a point; thence North 1,200 feet to a point on the northern side of the Carolina Power and Light Company power line right of way; thence North 50 degrees East parallel with said power line and 50 feet from the center thereof 1,300 feet to a point in the southern edge of the pavement of Burns Drive and 12 feet from the center line thereof; thence along the southern edge of the pavement of Burns Drive South 76 degrees 30 minutes East 640 feet to a point; thence crossing Burns Drive North 12 degrees 15 minutes East 430 feet to a stake; thence South 33 degrees 30 minutes West 365 feet to a stake corner of the Ray Morrow property; thence as his line North 2 degrees 30 minutes East 863 feet to a T-iron, another corner with Ray Morrow; thence with another of his lines South 87 degrees 30 minutes East 522 feet to a stake in the western margin of U. S. Highway No. 1-A; thence along the western margin of said highway in a southerly direction 480 feet to a stake in said right of way; thence South 82 degrees East 65 feet to a point on the East side of U. S. No. 1-A, said point being 35 feet from the center line thereof; thence South 8 degrees 15 minutes West parallel with said U. S. No. 1-A 680 feet to a point 35 feet from the center of U. S. No. 1-A (Hawkins Avenue) and 15 feet North of the center line of Winfield Street; thence along Winfield Street South 85 degrees 30 minutes East 150 feet to a stake 15 feet North of the center line thereof; thence South 5 degrees 30 minutes West 2620 feet to a point, said point being 165 feet East of the center line of Hawkins Avenue and in the southern margin of Poplar Street; thence as the southern margin of Poplar Street South 83 degrees East 300 feet to a stake in the West line of Wilson Avenue; thence as the West line of Wilson Avenue South 7 degrees West 1,000 feet; thence East crossing the S. A. L. Railroad 4400 feet to a stake; thence South 1,000 feet to a stake in the North line of Temple Avenue and running thence as the northern line of Temple Avenue extended North 78 degrees East 950 feet to a stake in the center of Osgood Road; thence South 12 degrees East parallel with Eleventh Street 1106 feet to a stake 200 feet East of the eastern right of way of said Eleventh Street; thence North 83 degrees 40 minutes East 276.3 feet to an iron axle; thence North 84 degrees 20 minutes East 189 feet to a stake in the back property line of the G. P. Phelps lot; thence South 17 degrees East 850 feet to a point in the center of the Poplar Springs Road, said point being 230 feet eastward from the center line of Scott Avenue; thence South 13 degrees West parallel with Scott Avenue 945 feet to a stake 200 feet from the northern right of way of Bragg Street; thence parallel with and 200 feet from the right of way of said Bragg Street South 39 degrees 20 minutes East 438 feet to a point; thence continuing parallel with Bragg Street South 23 degrees 30 minutes East 380 feet to a point; thence still continuing parallel with Bragg Street South 8 degrees 40 minutes East 860 feet to a stake; thence South 52 degrees East 145 feet to a stake; thence in a southerly direction parallel with the eastern right of way line of Bragg Street and 300 feet therefrom 1240 feet to a stake in the northern line of the property of the State Highway Commission; thence South 79 degrees 50 minutes East 440 feet to a concrete monument corner of State Highway Commission property; thence South 14 degrees 30 minutes East 510.5 feet to a concrete monument State Highway Commission corner; thence South 77 degrees West 240 feet to a stake corner with J. W. Berryman; thence South 48 degrees 38 minutes West 76 feet to a corner of lot five of the Berryman property; thence South 46 degrees 30 minutes East 382 feet to a stake, being the northeast corner of lot two of the Berryman property; thence North 43 degrees 30 minutes East 85 feet to a stake corner of lot number one; thence South 46 degrees 30 minutes East 318 feet to a stake in the line of Frank Buchanan's property; thence North 78 degrees 22 minutes East 190 feet to a stake Frank Buchanan's corner in the line of A. B. Harrington property; thence South 12 degrees 15 minutes West 180 feet to a stake, Harrington's corner; thence as his line South 15 degrees 55 minutes East 410 feet to a point in said line; thence North 82 degrees 52 minutes East passing just North of the Harrington home 575 feet to a point in his eastern line; thence as his line South 15 degrees 55 minutes East 350 feet to a stake in the northern right of way line of Nash Street; thence as the said northern margin of Nash Street in an easterly direction 430 feet to an iron stake, corner of the property of Lee County Board of Education; thence as their line North 22 degrees 48 minutes East 704.5 feet to an angle-iron in Sloan Branch; thence as the various courses of Sloan Branch and in a northerly direction 1,150 feet to an oak tree on said branch; thence South 23 degrees 57 minutes East 267.3 feet to an iron pipe; thence South 11 degrees 7 minutes East 277.2 feet to an iron stake corner with Walter J. O'Quin land; thence as his line South 87 degrees 58 minutes East 380.3 feet to an iron pipe in field; thence North 67 degrees 11 minutes East 240.5 feet to an iron pipe; thence South 37 degrees 47 minutes East 257 feet to an iron stake in the northwestern margin of Kelly Drive; thence as the northwestern margin of Kelly Drive in a southwesterly direction 1,850 feet to its intersection with the eastern right of way line of Nash Street; thence as said eastern line of Nash Street South 32 degrees East 2,940 feet to a point in said right of way just South of the A. and W. Railroad; thence South 1 degree West 4,650 feet to a stake near the intersection of Watson Avenue and Cornell Drive; thence North 89 degrees West 5,280 feet to a stake; thence North 1 degree East 3,670 feet to a point in the southern right of way of Harkey Road; thence along the southern margin of Harkey Road North 87 degrees 30 minutes West 1,131.8 feet to a point at its intersection with Hughes Street; thence North 2 degrees 45 minutes East 40 feet to a point where the North edge of the pavement line of Harkey Road extended intersects the center line of Hughes Street; thence North 84 degrees 40 minutes West 1,063 feet to a stake 200 feet West of the right of way of Courtland Drive and 200 feet North of the center of an old road; thence parallel with said old road and 200 feet North thereof and in a westerly direction to its intersection with Garden Street Extension and continuing in a westerly direction 200 feet North of the center line thereof a total of 3200 feet to a point in the eastern right of way line of the Seaboard Airline Railroad 50 feet from the center thereof; thence in a northerly direction parallel with said railroad 2,600 feet to a stake; thence North 82 degrees 15 minutes West crossing the Seaboard Airline Railroad right of way 150 feet to a stake in the East line of the Oakview Subdivision; thence North 3 degrees 33 minutes East with the East line of Oakview 180 feet to the South line of Crestview Street; thence westerly with the South line of Crestview Street and that line extended 1,250 feet to a stake in Buckner's West line; thence North 73 degrees 16 minutes West 420 feet to a stake in the line of Gilmore Terrace Housing Project; thence as its line South 25 degrees 59 minutes East 68.48 feet to an iron stake a corner thereof; thence as its line and the line of A. C. Cameron South 35 degrees 39 minutes West 378.58 feet to an iron stake Cameron's corner; thence South 85 degrees 30 minutes East 16.3 feet to an iron stake in his line; thence South 4 degrees 11 minutes West 194.97 feet to an iron stake in the northern right of way line of Fields Drive; thence as said northern right of way line of Fields Drive South 84 degrees 22 minutes West 379.4 feet to an iron axle corner between Gilmore Terrace Housing Project and the lands of K. M. Wicker; thence as Wicker's line North 15 degrees 30 minutes West 880 feet to a stake in said Wicker's line; thence North 73 degrees 16 minutes West crossing U. S. Highway No. 1-A and passing through the southeast property corner of Dr. Paul O. Howard 1,850 feet to a stake in the pasture which said stake is 400 feet from U. S. Highway No. 1-A; thence North 54 degrees West 1408.7 feet to a power pole in the edge of pasture near the southern terminus of Fitts Street; thence continuing North 54 degrees West 300 feet to a point in the center of Buffalo Creek; thence along the various courses of the creek in a northwesterly direction 2,240 feet to its intersection with the eastern right of way line of U. S. Highway No. 1; thence along the eastern line of U. S. Highway No. 1 North 19 degrees 20 minutes East 1,466 feet; thence continuing with said U. S. No. 1 North 15 degrees 45 minutes East 1,056 feet; thence continuing with said U. S. Highway No. 1 North 11 degrees East 930 feet to the intersection of the eastern right of way line of said U. S. Highway No. 1 and the southern right of way line of Spring Lane Extension; thence North 79 degrees 30 feet West crossing U. S. Highway No. 1 and along the southern right of way line of Spring Lane Extension and 30 feet from the center line thereof 2,000 feet to its intersection with the eastern line of Wilkins Drive South 10 degrees West along Wilkins Drive 200 feet to a point in the eastern line thereof; thence in a southwesterly direction parallel with the southern right of way line of Spring Lane; and 200 feet therefrom and passing just South of the R. B. Lemmond home 1,450 feet to a stake; thence North 25 degrees 39 minutes West 260 feet to a point in the northern right of way line of Spring Lane Extension; thence North 64 degrees 21 minutes East along the said northern margin of Spring Lane Extension 250 feet to an iron stake, the southwest corner of Glenn Griffin's property; thence as his line North 25 degrees 41 minutes West 270 feet to an iron stake Griffin's northwest corner; thence North 64 degrees 08 minutes East 73.04 feet to an iron stake; thence North 21 degrees 22 minutes West crossing Hermitage Road 210.7 feet to a stake in the northern right of way thereof; thence as the said northern right of way of Hermitage Road North 70 degrees 07 minutes East 170 feet to its intersection with the western line of Lord Ashley Drive; thence as the said western margin of Lord Ashley Drive North 19 degrees 54 minutes West 290.5 feet to a stake in the northern right of way of the Carolina Power and Light power transmission line and 50 feet from the center thereof; thence along the right of way of said power line North 70 degrees 58 minutes East 1180 feet to a point in the West line of Wilkins Drive; thence along Wilkins Drive North 39 degrees 45 minutes West 75 feet to a stake in said western line of Wilkins Drive; thence North 46 degrees 30 minutes East crossing Wilkins Drive 440.5 feet to an iron stake Noneman's corner; thence North 4 degrees East along his line 454 feet to an iron stake Noneman's corner in the line of Dr. F. L. Knight; thence along the line of Dr. F. L. Knight North 87 degrees East 1138 feet to an iron stake corner of the property of City of Sanford; thence as their line South 5 degrees East 370 feet to the point where the line of the property of City of Sanford intersects the northern right of way of the Carolina Power and Light power transmission line; thence as the northern margin of said power line North 70 degrees 58 minutes East 900 feet to its intersection with the Western right of way line of U. S. Highway No. 1; thence in a northerly direction parallel with U. S. Highway No. 1 and 103 feet from the center line of the western lane 1360 feet to the point of BEGINNING.

Sec. 2.2. Existing Ward Boundaries. The City of Sanford shall be divided into seven wards, denominated, First, Second, Third, Fourth, Fifth, Sixth, and Seventh. Said wards shall be bounded as follows:

First Ward: Lying in West Sanford Township, BEGINNING at the intersection of the center line of Horner Boulevard with the northwestern boundary line of the City of Sanford as laid out and established by this Act; thence running with the center line of Horner Boulevard in a southerly direction to the center of Gordon Street; thence northeastwardly with the center line of Gordon Street to the center of Steele Street; thence southwardly with the center line of Steele Street to the center of Wicker Street; thence westwardly with the center line of Wicker Street to the center of U. S. Highway No. 1-A; thence southwestwardly with the center line of U. S. Highway No. 1 to the southerly boundary line of the City of Sanford; thence with the said boundary line and in a clockwise direction to the BEGINNING.

Second Ward: Lying in West Sanford Township, BEGINNING at the intersection of the center line of the Seaboard Air Line Railroad with the northern boundary line of the City of Sanford as laid out and established by this Act; thence running with the center line of the Seaboard Air Line Railroad in a southerly direction to the center of Charlotte Avenue; thence with the center line of Charlotte Avenue eastwardly to the center of Chatham Street; thence with the center line of Chatham Street southwardly to the center of Wicker Street extended to Chatham Street; thence westwardly with the center line of Wicker Street to the center of Steele Street; thence northwardly with the center line of Steele Street to the center of Gordon Street; thence southwestwardly with the center line of Gordon Street to the center of Horner Boulevard; thence northwardly with the center line of Horner Boulevard to its intersection with the northwesterly boundary line of the City of Sanford as laid out and established by this Act; thence in a clockwise direction with the said boundary line to the BEGINNING.

Third Ward: Lying in East Sanford Township, BEGINNING at the intersection of the center line of Charlotte Avenue with the center line of Chatham Street and running eastwardly with the center line of Charlotte Avenue to its intersection with the center line of Poplar Springs Road (SR No. 1509); thence eastwardly with the center line of Poplar Springs Road (SR No. 1509) to the eastern boundary line of the City of Sanford, said boundary line being 230 feet eastward from the center line of Scott Avenue, as laid out and established by this Act; thence South 13 degrees West and parallel with Scott Avenue and 200 feet therefrom, 945 feet to a stake located 200 feet from the northern right of way of Bragg Street; thence parallel with, and 200 feet from the right of way of said Bragg Street, South 39 degrees 20 minutes East 438 feet to a point; thence continuing parallel with Bragg Street, and 200 feet therefrom, South 23 degrees 30 minutes East 380 feet to a point; thence continuing parallel with Bragg Street, and 200 feet therefrom, South 8 degrees 40 minutes East, 860 feet to a stake; thence South 52 degrees East, 145 feet to a stake; thence in a southerly direction parallel with the eastern right of way line of Bragg Street, and 300 feet therefrom, 1240 feet to a stake in the northern line of the property of the North Carolina State Highway Commission; thence with said northern line of the North Carolina State Highway Commission property, North 79 degrees 50 minutes West, 330 feet to the center line of Bragg Street; thence in a southerly direction with the center line of Bragg Street 30 feet to the intersection of the center line of Seventh Street extended; thence westwardly with the center line of Seventh Street to the intersection of the center line of Rose Street; thence southwestwardly with the center line of Rose Street to its intersection with the center line Chatham Street; thence northwardly with the center line of Chatham Street to its intersection with the center line of Charlotte Avenue, the point of BEGINNING.

Fourth Ward: Lying in West Sanford Township, BEGINNING at the intersection of the center line of Chatham Street and the center line of Wicker Street extended to Chatham Street, and running thence southwardly with the center line of Chatham Street to the center of Rose Street; thence southwestwardly with the center line of Rose Street and continuing in a straight line South 34 degrees 15 minutes West to the southern boundary of the City of Sanford; thence in a clockwise direction with said boundary line as laid out and established by this Act to its intersection with the center line of U. S. Highway No. 1-A, South; thence northwardly with the center line of U. S. Highway No. 1-A, to the center line of Wicker Street; thence eastwardly with the center line of Wicker Street to the BEGINNING.

Fifth Ward: Lying in East Sanford Township, BEGINNING at the intersection of the center line of the Seaboard Air Line Railroad with the center line of Charlotte Avenue and running thence northwardly with the center line of the Seaboard Air Line Railroad to its intersection with the northern boundary line of the City of Sanford; thence in clockwise direction with said boundary line as laid out and established by this Act to its intersection with the center line of Poplar Springs Road (SR No. 1509); thence westwardly with the center line of Poplar Springs Road (SR No. 1509) to its intersection with the center line of Charlotte Avenue; thence westwardly with the center line of Charlotte Avenue to the BEGINNING.

Sixth Ward: Lying in Jonesboro Township, BEGINNING at the intersection of the center line of the Atlantic Coast Line Railroad and the southern boundary line of the City of Sanford and running thence northwardly with the center line of the Atlantic Coast Line Railroad to the center of Rose Street; thence northeastwardly with the center line of Rose Street to the center of Seventh Street; thence southeastwardly with the center line of Seventh Street to the center of Bragg Street; thence northwardly with the center line of Bragg Street 30 feet; thence South 79 degrees 50 minutes East 330 feet to the East boundary line of the City of Sanford; thence in a clockwise direction with said boundary line as laid out and established by this Act to its intersection with the Atlantic Coast Line Railroad at the southern boundary line of the City of Sanford, the point of BEGINNING.

Seventh Ward: Lying in Jonesboro Township, BEGINNING at the intersection of the center line of the Atlantic Coast Line Railroad and the center line of Rose Street and running thence southwardly with the center line of the Atlantic Coast Line Railroad to the southern boundary line of the City of Sanford; thence in a clockwise direction with said boundary line as laid out and established by this Act to the point of intersection with the center line of West Rose Street extended to the southern boundary line of the City of Sanford; thence North 34 degrees 15 minutes East with the center line of Rose Street extended and continuing northeastwardly with the center line of Rose Street to the point of BEGINNING.

Sec. 2.3. Apportionment of Newly Annexed Territories to Wards; Reapportionment of Population Among Wards. The Board of Aldermen is authorized to apportion newly annexed territories to existing wards. The Board shall reapportion the population of this municipality into seven wards as nearly equal in population as may be after each decennial census. This reapportionment shall be effective for the next municipal election. The procedure for franchise adoption in this Charter, or as near as may be, will be followed. The ward boundaries shall exist and continue once set until the next decennial census.

 

ARTICLE III. MAYOR, MAYOR PRO TEMPORE, COMPOSITION OF BOARD OF ALDERMEN: VACANCIES

 

Sec. 3.1. Composition of the Board of Aldermen. The governing body of the City shall consist of the Mayor and one Alderman from each of the seven wards, elected by the qualified voters of the City voting at large in nonpartisan elections.

Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall be the chief executive officer of the governing body, charged with the execution of all the responsibilities of that office; provided, the Board of Aldermen shall at their first meeting appoint one of their own number to be Mayor Pro Tempore, and, in case of any vacancy in that office, shall fill the same with some member of the Board. It shall be the duty of the Mayor Pro Tempore at all times during the term of this office, when the Mayor of said City shall for any reason be unable to discharge his duties, to act as Mayor and perform all of the duties pertaining to such office during the time when the Mayor is unable to discharge the same; and for that purpose such Mayor Pro Tempore shall have and exercise all of the powers and rights, with full authority which pertain to such Mayor in holding Mayor's court and in all other respects. Such Mayor Pro Tempore shall hold office for a term of two years or until his successor is elected and duly qualified.

Sec. 3.3. Terms of Office; Vacancies Therein. (a) In each regular biennial election there shall be elected a Mayor to serve for a term of two years, or until his successor is elected and qualifies.

(b)       In each regular biennial election there shall be elected seven Aldermen, one who resides in each of the seven wards, to serve for a period of two years or until their successors are elected and qualify.

(c)       Following each regular biennial election, the Mayor and Aldermen elected shall assume their offices on July 1 following the election. If said day shall fall on Sunday, then they shall assume their offices on the Monday next following.

(d)       In the case of a vacancy for any reason in the office of Mayor or Alderman, the remaining members of the Board of Aldermen shall by majority vote fill the same for the remaining unexpired portion of the term. Vacancies in the office of Alderman shall be filled so as to retain one Alderman from each of the seven wards. Removal by any Alderman from the ward in which he resided at the time of his election shall ipso facto create a vacancy in the office of Alderman from such ward.

Sec. 3.4. Compensation of Mayor and Aldermen. The Mayor shall receive for his services such salary as the Board of Aldermen 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 Aldermen 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 Alderman during the respective term of office which he is serving at the time the increase is voted.

Sec. 3.5. Organization of Board; Oaths of Office. The Board of Aldermen shall meet and organize for the transaction of business at a time established by ordinance, following each election and prior to July 1. Before entering upon their offices, the Mayor and each Alderman 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. 3.6. Meetings of Board. (a) The Board of Aldermen shall fix suitable times for its regular meetings, which shall be as often as twice monthly. Special meetings may be held on the call of the Mayor or a majority of the Aldermen, and those not joining in the call shall be notified accordingly. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

(b)       The Board shall not vote upon any question except in open session.

Sec. 3.7. Quorum; Votes. (a) A majority of the members elected to the Board of Aldermen 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 Aldermen 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 Board. The enacting clause of all ordinances shall be: 'Be it ordained by the Board of Aldermen of the City of Sanford'. All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

Sec. 3.9. Franchises; Limitation on Period for Which Granted. Franchises shall be granted by ordinance only. No franchise for the use of streets, sidewalks, highways or other public property of the City shall be hereafter granted, extended or renewed for a longer period than 30 years from the adoption of the franchise ordinance.

Sec. 3.10. Publication and Reading of Ordinance. No ordinance granting any franchise for the use of the streets, sidewalks, highways or other public property of the City shall be passed until the full text thereof shall have been published for three weeks in a newspaper having general circulation in the City, at the expense of the applicant applying for such franchise, before the second reading of such ordinance. All such ordinances shall be read at three separate regular meetings of the Board of Aldermen and a 'yea' and 'nay' vote shall be taken and recorded on the second and third readings. The rules shall not be suspended so as to pass any such ordinance in a shorter time.

Sec. 3.11. Ordinance to Provide Reasonable Time for Completion of Work. No ordinance granting any franchise for the use of the streets, sidewalks, highways or other public property of the City shall be passed unless some reasonable time limit shall be provided therein for the commencement and completion of the work authorized.

Sec. 3.12. Terms and Conditions of Grant. The Board of Aldermen shall have the right to fix such terms and conditions upon which a franchise for the use of the streets, sidewalks, highways or other public property of the City shall be granted.

Sec. 3.13. Franchise for Construction of Railroad on Street Conditioned to Street Maintenance. No franchise to construct and operate any railway upon any street in the City shall be granted except on the condition that the company owning and operating such railway shall keep up and maintain the street between and at least 18 inches on each side of every line of such railway and all space between tracks where such railway is double tracked.

Sec. 3.14. Renewal of Grants for Construction or Operation of Utilities. The Board of Aldermen may, by ordinance and in the manner hereinbefore specified for granting franchises, renew any grant for the construction or operation of any utility not earlier than two years prior to its expiration, upon such terms as may be conducive to the public interest.

Sec. 3.15. How Franchises for Occupation of Streets Construed. All franchises or privileges for the occupation of the streets shall be strictly construed in favor of the City and no franchise or privilege shall be held to have been granted unless granted in clear and unmistakable terms.

Sec. 3.16. Grant or Renewal of Franchise, Subject to Certain Rights of City. The grant of every franchise or privilege as well as the renewal of every franchise or privilege shall be subject to the right of the City, whether in terms reserved or not, to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to enact and enforce ordinances to acquire proper and adequate extensions of service and to protect the public from danger and inconvenience in the operation of any work or business authorized by the grant of the franchise and the right to make and enforce all such regulations as shall be necessary to secure adequate, sufficient and proper service and accommodations for the people, and to insure their comfort and convenience without discrimination.

Sec. 3.17. Revocable Permits for Laying Spur Tracks. Revocable permits for laying spur tracks across or along streets and public places to connect any steam, electric or other railroad with any warehouse, factory or other establishment needing switching facilities shall not be considered to be franchises, as that term is used in this Charter, but such permits may be granted and revoked by the Board from time to time, in accordance with such terms and conditions as may be prescribed by general ordinance.

Sec. 3.18. Grant for Extension of Public Utilities. The Board of Aldermen may by ordinance grant to any individual, company or corporation operating a public utility or quasi-public utility the right to extend the appliances and services of such utility. All such extensions shall become a part of the aggregate property of the utility and shall be subject to all the obligations and reserved rights in favor of the City applicable to the property of the utility by virtue of the ordinance providing for its construction and operation. The right to use and maintain any such extension shall expire with the original grant of the utility to which the extension was made, or any renewal thereof.

Sec. 3.19. Prohibition of Exclusive or Perpetual Grants. No right to construct, maintain or operate any public utility in the City of Sanford shall be exclusive or perpetual.

 

ARTICLE IV. ELECTION PROCEDURE

 

Sec. 4.1. Regular Municipal Elections. Regular City elections shall be held biennially on the second Saturday after the first Monday in May, beginning in 1967. In each regular election there shall be elected a Mayor and seven Aldermen, one who resides in each of the seven wards.

In each regular biennial election, each qualified voter of the City shall be entitled to vote for one candidate for Mayor and for one candidate for Alderman from each ward. In each regular election, the candidate for Mayor who receives the largest number of votes cast for Mayor shall be declared elected, and the candidate for Alderman from each of the wards who receives the largest number of votes cast for candidates who reside in the ward wherein he resides shall be declared elected. In case of an equal number of votes between opposing candidates, the Board of Elections of Lee County shall determine the result by lot.

 

ARTICLE. V. CITY MANAGER

 

Sec. 5.1. Appointment, Qualifications, Term, and Compensation. The Board of Aldermen shall appoint the City Manager to hold office during the pleasure of the Board. The City Manager shall be appointed with regard to merit only, and he need not be a resident of the City when appointed. The City Manager shall receive for his services such compensation as the Board of Aldermen shall determine.

Sec. 5.2. Powers and Duties of City Manager Generally. The City Manager shall (1) be the administrative head of the City government; (2) see that within the jurisdiction of the City, the laws of the State, and the ordinances, resolutions, rules and regulations of the Board are faithfully executed and enforced; (3) attend all meetings of the Board, and recommend for adoption such measures as he may deem expedient; (4) make reports to the Board from time to time upon the affairs of the City, and keep the Board fully advised of the City's financial condition and its future financial needs.

Sec. 5.3. Certain Specific Powers and Duties of City Manager Enumerated. (a) The City Manager shall devote his entire time to the affairs of the City and shall not actively engage in any other business.

(b)       The City Manager shall establish and organize such departments for the administration of the affairs of the City as he may deem proper or necessary for the efficient and economical administration.

(c)       The City Manager shall see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchises are faithfully kept and performed and, upon knowledge of any violation thereof, shall call the same to the attention of the Board of Aldermen and shall take such steps as are necessary to enforce the same.

(d)       The City Manager, or such person as he shall designate, shall superintend the construction, operation and maintenance of all public works, including streets, sidewalks, sewers, waterworks, public grounds, and parks.

(e)       The City Manager may revoke or suspend licenses or permits pending action by the Board of Aldermen.

(f)        The City Manager shall supervise performance of all contracts of the City.

(g)       The City Manager shall examine personally, or by duly designated deputy, all records, books and accounts of each department of the City government.

(h)       The City Manager shall require that reports shall be made to him by each department of the City government, showing the receipt of all moneys by such departments and the disposition thereof, at least once a month and oftener if he desires.

(i)        The City Manager shall, in addition to the powers and duties set forth in this Charter and the State law, exercise such other powers and perform such other duties as may be authorized by the Board of Aldermen, not inconsistent with this Charter or with the State law.

Sec. 5.4. Absence or Disability of City Manager. In the event the City Manager shall be sick, absent from the City or otherwise unable to perform the duties of his office, the Board of Aldermen may designate any other City employee, or any other person, as acting City Manager, and the person so designated shall have all the power and authority of the Manager while serving in such capacity. Any employee designated as acting City Manager shall receive such additional compensation as the Board of Aldermen may determine. Neither the Mayor nor any Board member shall serve as acting City Manager.

 

ARTICLE VI. ADMINISTRATIVE OFFICES AND PERSONNEL

 

Sec. 6.1. Appointment and Removal of Department Heads and Employees; Salaries. (a) The City Manager, except as otherwise provided in this Charter, shall appoint and may suspend and remove all City employees and heads of departments, and, in his discretion, may employ consultants of any kind when authorized by the Board of Aldermen. The City Manager shall report to the Board of Aldermen every appointment and removal of a department head at the next regular Board meeting following such appointment or removal.

(b)       All salaries and compensation paid to employees appointed by the City Manager are set by the City Manager and shall be subject to confirmation by the Board of Aldermen.

(c)       Department heads, when so authorized by the City Manager, may suspend or remove any employee in his department.

(d)       Neither the Board nor any of its members shall take any part in the appointment or removal of department heads and employees in the administrative service of the City, except as provided by this Charter. Except for the purpose of inquiry, or for consultation with the City Attorney, the Board and its members shall deal with the administrative service solely through the City Manager, and neither the Board nor any of its members shall give any specific orders to any subordinates of the City Manager, either publicly or privately.

Sec. 6.2. City Clerk. The City Clerk shall be appointed by the Board of Aldermen, and shall have the following duties: (1) to act as Clerk to the Board, to attend all meetings thereof, and to maintain a permanent record of all proceedings thereof; (2) to keep the books of account of the City. The term of office of the City Clerk shall be two years.

Sec. 6.3. City Tax Collector. The Board of Aldermen shall appoint a Tax Collector for the City, who shall be charged with the collection of all taxes and assessment, and such Tax Collector shall be appointed for two years.

Sec. 6.4. Consolidating of Functions of Certain Offices. The Board of Aldermen may, in its discretion, consolidate the offices of City Clerk and City Tax Collector, and may assign the functions of either of these offices to the holder of the other of these offices.

Sec. 6.5. City Attorney; Appointments; Qualifications; Term; Compensation. The Board of Aldermen may 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 Board of Aldermen and shall receive such compensation as the Board shall determine.

Sec. 6.6. 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, Board of Aldermen, 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 Board of Aldermen; and to perform such other duties as may be required of him by virtue of his position as City Attorney.

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

 

ARTICLE VII. FINANCE AND TAXATION

 

Sec. 7.1. Custody of City Money. All moneys 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 Board of Aldermen 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 as now written or as the same shall be amended from time to time.

Sec. 7.2. Issuance of Bonds. The City 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. 7.3. 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 any of its officers. The Board of Aldermen 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 Board of Aldermen.

Sec. 7.4. Delinquent Taxes to General Fund. The Board of Aldermen may, in its discretion, direct the payment into the General Fund of all or any part of the proceeds of taxes which are, when collected, two or more years delinquent.

 

ARTICLE VIII. PURCHASES AND CONTRACTS; SALE OF PROPERTY

 

Sec. 8.1. 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. 8.2. Disposal of Surplus Personal Property. The Board of Aldermen 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 Board 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 Board 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 Board;

(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 Board.

 

ARTICLE IX. POLICE

 

Sec. 9.1. Police Jurisdiction. 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. 9.2. Effect of Ordinance on City 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 X. RETIREMENT SYSTEM

 

Sec. 10.1. Establishment. The Board of Aldermen of the City of Sanford is hereby authorized to establish or provide for a retirement system to provide for the payment of benefits to its employees or to their beneficiaries, in the following cases:

(a)       Retirement because of age;

(b)       Disability;

(c)       Death.

Sec. 10.2. Coverage; Benefits. Such system shall include such officers and employees of the City as shall be determined by the Board of Aldermen. The City shall contribute to the system in such amounts as it shall determine, in order to meet the liabilities accruing because of personal services rendered to the City by its officers and employees; provided, however, that the system may also provide benefits which are based, partly or entirely, upon personal services rendered to the City prior to the establishment thereof, and the City may contribute the entire cost of benefits based on any such prior service. The Board of Aldermen may provide that employees shall share in the cost of financing the system, upon such terms as it deems advisable. The expense of administering the system shall be paid as provided by the Board of Aldermen and the Board shall appropriate each year sufficient revenue to provide for the expense of the administration.

Sec. 10.3. Maintained on Solvent Basis. The system shall be maintained on a solvent actuarial reserve basis for all benefits beginning at its inauguration date, excepting the present value of benefits based on prior service.

Sec. 10.4. Contributions. The contribution required to cover the cost of benefits based on prior service, if any, shall be sufficient to fund the liability for such prior service in not more than forty years from the date of establishment of the system.

Sec. 10.5. Contracts for Payment. The City may provide for the payment of one or more of the benefits enumerated in this Article by contracting with the governing body of any other municipality or municipalities in the State, with the United States government or any of its agencies or departments, with the State of North Carolina or any of its agencies or departments, or any contract with any insurance company or other corporation for the performance of any service in connection with the establishment of such Fund, or for the investment, care or administration of such Fund, or for any other service relating thereto.

The City or any other governing body, agency, insurance company, person, or corporation contracting with the City for the investment, care or administration of said system may invest and reinvest the funds thereof in one or more of the types of securities or other investments authorized by Section 58-79 of the General Statutes of North Carolina, as heretofore or hereafter amended, and by other State law, for the investment of assets of domestic life insurance companies.

Sec. 10.6. Not to Limit Other Authority. Nothing in this Article shall be construed so as to prohibit the City from providing or continuing to provide Old Age and Survivors' insurance, or Social Security coverage, for its officers and employees as the same may be authorized by Federal and State laws, either separately or in addition to the Fund authorized herein, or any other retirement or pension plan or fund authorized by general law or local act.

 

ARTICLE XI. ESTABLISHMENT OF PROPOSED STREET LINES

 

Sec. 11.1. Authorized; Notice and Hearing. Whenever, in the opinion of the Board of Aldermen, it is for the best interest of the City that any street should be widened or extended, or both, or that a new street should be opened, the Board may pass an ordinance declaring that such street should be widened or extended, or both, or that such new street should be opened, and shall lay out in the ordinance the lines within which such streets should be widened, extended or opened. If any street under the provisions of such ordinances is to be widened, it need not be widened on both sides; and if it is to be widened on both sides, the distance to be widened on both sides need not be the same. Any ordinance introduced for the purpose of widening, extending, or opening any street under the provisions of this Charter, may not be adopted until the proposed ordinance is published in a newspaper having general circulation in the City and qualified to carry legal notices at least two times, on separate days, at least ten days before the passage of the ordinance, or, if there be not such newspaper, posted in three public places in the City. There shall be posted or published with the ordinance a notice stating when property owners may be heard by the Board. A public hearing on the question of the adoption of such ordinance shall be held prior to the passage of the ordinance. The City shall file with the Register of Deeds of Lee County an original thoroughfare map showing all proposed streets as the same may be amended from time to time. Such amendments shall be made within 20 days following any change in the thoroughfare plan.

Sec. 11.2. Notice to City Prerequisite to Improvement in Proposed Street Lines. After the passage of such ordinance, it shall be unlawful for any land within the proposed street lines established by such ordinance to be built upon or improved, or for any part of any existing building within such lines to be repaired or otherwise improved until the City shall have been given an opportunity to purchase or otherwise acquire such property for street purposes as provided in this Charter. To that end, any person proposing to build upon such land or to make repairs or improvements to that part of any existing building situated thereon shall, in writing, notify the Board of Aldermen of the nature and estimated cost of such building, repairs, or improvements. The Board shall then determine whether it will take the necessary steps to acquire such property prior to the construction of such building or the making of such repairs or improvements and if it fails from 60 days from date of receipt of such notice to acquire, or to institute condemnation proceedings to acquire, such property, the owner or other person giving such notice may proceed to erect the building in accordance with the ordinances and regulation of the City, or to make the repairs or improvements described in such notice.

Sec. 11.3. Failure to Give Notice Bars Recovery for Improvements. If any person, firm, or corporation builds upon any land included within proposed street lines, or repairs or otherwise improves that part of any existing building within the proposed street lines without giving the City an opportunity to acquire such land free from such improvements, as provided in the preceding Section, the City shall not be required to pay for the value of the building, repairs, or improvements in any proceedings subsequently brought to acquire such land for the purpose set out in the preceding Section.

Sec. 11.4. Acquisition of Land Prior to Improvement. If upon receiving a notice in compliance with Section 11.2 the Board of Aldermen determines to acquire such land immediately, it may acquire the same by grant, purchase, or condemnation. In no case shall an effort to purchase such land be necessary to the institution of condemnation proceedings. If the Board determines to proceed by condemnation, the condemnation shall be as set forth in this Charter.

Sec. 11.5. Cost of Land Acquired to be Assessed as Part of Improvements. After any land has been purchased or condemned for the purpose of widening, extending, or opening any street, and land purchased or condemned lies within the limits of an improvement directed in such proceedings, then the amount paid by the City for the land purchased or condemned, together with the cost of the condemnation proceeding and interest paid on such amount, and other costs shall be included in the cost of such improvement and shall be assessed as provided by law against the property to be assessed for the improvements.

Sec. 11.6. Exercise of Condemnation Power After Failure of City to Acquire Following Notice of Improvement. The failure of the City to acquire any land within 60 days after receiving notice that the same is to be built upon, or that a building thereon is to be repaired or otherwise improved, or its failure within such time to institute proceedings to condemn same, shall not limit the right of the City at any subsequent time to condemn the same; but in such case the owner shall be entitled to compensation as now provided by law for the building, repairs, or improvements made after the giving of the required notice and the failure of the City to acquire such land free of such improvements.

 

ARTICLE XII. STREET IMPROVEMENTS: ASSESSMENT OF COSTS

 

Sec. 12.1. 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 Board of Aldermen 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. 12.2. When Petition Unnecessary. The Board of Aldermen 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 Board as a fact:

(a)       That the street improvement project does not exceed one thousand linear 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. 12.3. Street Improvement Defined. For the purpose of the preceding Section, the term 'street improvement' shall include grading, regrading, surfacing, widening, paving, repaving, the acquisition of right of way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

Sec. 12.4. Assessment Procedure. In ordering street improvements without a petition and assessing the cost thereof under authority of this Article, the Board of Aldermen 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. 12.5. 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 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 Board of Aldermen may by ordinance establish a procedure whereby the 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. PARKING AND PARKING FACILITIES

 

Sec. 14.1. Authority to Regulate Off-street Parking. The Board of Aldermen shall have power and authority to enact ordinances for the regulation of the use by vehicles of:

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

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

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

Sec. 14.2. Civil Penalties. In the exercise of the authority granted by Section 14.1 the Board of Aldermen shall have authority to make and provide civil penalties for violations of such ordinances, not exceeding the penalties provided by general law for the violation of municipal ordinances.

 

ARTICLE XV. PLANNING AUTHORITY AND BUILDING REGULATIONS

 

Sec. 15.1. Subdivision Control. Any subdivision control ordinance enacted by the Board of Aldermen under authority of general law may provide for the more orderly development of subdivisions within the subdivision control jurisdiction of the City by requiring the construction of community service facilities, including water lines; sewer lines; street paving, curbing and guttering; and street drainage facilities in accordance with policies established by the Board. To assure compliance with such requirements, the ordinance may require the posting of bond or such other method as will offer guarantee of compliance.

Sec. 15.2. Regulatory Codes. The Board of Aldermen is hereby authorized to make effective and to enforce within the territory lying outside the corporate limits and within one mile thereof all ordinances and codes of the City regulating the construction and repair of buildings, including building codes, plumbing codes, electrical codes, heating and air conditioning codes, fire prevention codes, minimum housing codes adopted pursuant to Article 15 of Chapter 160 of the General Statutes, and ordinances adopted pursuant to G. S. 160-200(28) relating to unsafe buildings. In addition, the Board of Aldermen is hereby authorized to enforce in such area the North Carolina State Building Code, the North Carolina State Plumbing Code, and the North Carolina Uniform Residential Building Code, all as published by the North Carolina Building Code Council. Such enforcement powers shall include the power to require that prior to the beginning of any construction, reconstruction, or alteration of any building or structure or any part or system thereof within such area, the appropriate permit or permits be obtained from the City, and the power to make a reasonable charge therefor; provided, that the Board of Aldermen may by ordinance require that the contractor or other person charged with such construction, reconstruction, or alteration secure such permit or permits, rather than requiring the owner of the property to do so.

 

ARTICLE XVI. CLAIMS AGAINST THE CITY

 

Sec. 16.1. Presentation of Claims; Suit Upon Claims. (a) All claims or demands against the City of Sanford arising in tort shall be presented to the Board of Aldermen 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 thereon shall be brought within 30 days thereafter. Unless the claim or demand is so presented within 90 days after the cause of action accrues, 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 three years after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the Board of Aldermen 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.

(d)       Within the time limit, claims may be filed with the Board in session, with the City Manager, the City Clerk, or with the Mayor.

Sec. 16.2. Settlement of Claims by City Manager. The City Manager may 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 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 Sanford 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. All laws and clauses of laws inconsistent or in conflict with the provisions of this Act be and the same are hereby repealed.

Sec. 4. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 31st day of May, 1967.