NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 780

HOUSE BILL 884

 

 

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

 

The General Assembly of North Carolina do enact:

 

Section 1. Incorporation; Powers Generally. The inhabitants of the city shall be, and continue as they have been, a body politic and corporate, and henceforth the corporation shall continue to bear the name and style of the "City of Henderson" and under such name and style is hereby vested with all the powers and privileges given to municipalities by the general law and by this Act, and those other powers which are inherent to municipalities, and under such name and style the city is hereby vested with all the property and rights of property which now belong to the corporation, and by this name may acquire and hold for the purpose of its government, welfare and improvement all such estate as may be devised, bequeathed, conveyed to, or otherwise acquired by it, and may from time to time, sell, dispose of and invest the same, as shall be deemed advisable by the proper authorities of the corporation and as shall be in conformity with the provisions of this Charter, and under such name and style shall have the power to contract or be contracted with and to sue and be sued.

Sec. 2. City Limits. The corporate boundaries of the city shall be set out by metes and bounds description and an official map showing such corporate boundaries and entitled "Map of the City of Henderson, North Carolina" shall be prepared and kept up to date, which map shall be available in the office of the city manager or such other office as may be designated by city council.

Sec. 3. Ward Boundaries. The city shall be divided into four wards, bounded as follows:

Ward No. 1. Beginning at a point where Garnett Street intersects the northern city limits; run thence along the center of Garnett Street in a southwesterly direction to the center of Granite Street; thence along the center of Granite Street in a northwesterly direction to Parham Street; thence along the center of Parham Street in a westerly direction to the center of High Street; thence along High Street and High Street, if extended, to the center of Western Boulevard; thence along the center of Western Boulevard in a westerly direction to the city limits; thence along the city limits in a northerly direction and as it varies to the place of beginning.

Ward No. 2. Beginning at the center of Garnett Street at its intersection with Granite Street; thence in a southwesterly direction along the center of Garnett Street to Dabney Drive; thence along the center of Dabney Drive to the center of the northwestern section of Deer Crossing Court; thence along the center of Deer Crossing Court and Garnett Street to the center of Willowood Drive; thence along the center of Willowood Drive in a southerly direction to the center of the Oxford Road; thence along the center of the Oxford Road to the city limits; thence along the city limits of Henderson in a generally northern direction to the center of Western Boulevard; thence along the center of Western Boulevard to a point where the center of High Street, if extended, would intersect Western Boulevard; thence along High Street in a southerly direction to the center of Parham Street; thence along the center of Parham Street to the center of Granite Street; thence along the center of Granite Street to the place of beginning.

Ward No. 3. Beginning at the center of the Oxford Road where it intersects with the city limits on the southwest side of Henderson; run thence along the city limits as it varies in a generally eastern direction to the center of Montgomery Street, if extended; thence along the center of Montgomery Street, if extended, to Swain Street; thence along the center of Montgomery Street to the center of County Home Road; thence along the center of County Home Road to Winder Street; thence along the center of Winder Street to the center of Garnett Street in a generally northwesterly direction; thence along the center of Garnett Street in a southwesterly direction to the center of Dabney Drive, thence along the center of Dabney Drive to the western section of Deer Crossing Court; thence along the center of Deer Crossing Court and Garnett Street to the center of Willowood Drive; thence along the center of Willowood Drive in a southeasterly direction to the center of the Oxford Road; thence along the center of the Oxford Road in a southwesterly direction to the place of beginning.

Ward No. 4. Beginning at the center of Garnett Street where it intersects the city limits; run thence in a southerly direction along the center of Garnett Street to Winder Street; thence along Winder Street in a generally southeasterly direction to the County Home Road; thence along the center of the County Home Road to Montgomery Street; thence along the center of Montgomery Street in an easterly direction to Swain Street; thence along the center of Montgomery Street, if extended, in a southeasterly direction to the city limits; thence along the city limits to the place of beginning.

Sec. 4. Elective Officers-Enumerated; Conduct of Elections; Terms of Office, Vacancies. The elective officers of the city shall consist of a mayor, who shall be elected on the first Tuesday in May and biennially thereafter, by the qualified voters of the whole city, and two aldermen from each ward, whose term of office shall be two years, one to be elected from each ward on the first Tuesday in May of each year by the qualified voters of the whole city. At the election to be held on the first Tuesday in may, 1967, one alderman shall be elected from each ward for a term of two years to fill the office of the aldermen elected to office in 1965, and the aldermen elected in 1966 shall hold over in office until the election of 1968. Except as otherwise herein provided, such elections shall be in conformity with the general law of the State governing municipal elections; and the term of office of such mayor and aldermen shall commence at 4:00 o'clock in the afternoon on the first Monday in June following their election. A vacancy shall exist when an elective officer shall fail, without good cause, to qualify within 60 days after his election; shall die, resign, remove from the city, absent himself without just cause continuously for 60 days from the city; is convicted or submits to the charge of a felony, is judicially declared a lunatic, or is removed for cause.

Sec. 5. Same-Majority Vote Required for Election; Effect of Failure to Get Majority Vote. Except as otherwise provided, in all city elections, the candidate for each office receiving a majority of all votes cast for such office shall be declared elected. In the event no candidate for any particular office shall receive a majority of the votes cast for such office, the candidate receiving the second highest number of votes cast for such office shall be entitled to require that a second election for such office be held between the two candidates receiving the highest numbers of the votes cast for such office. If the second high candidate desires a second election for such office, he shall file, in writing with the city clerk not later than 12:00 noon on the first Friday following the regular city election, a notice requesting that a second election be held.

If the city clerk shall receive a notice requesting a second election for any office, and the candidate filing such notice is entitled to a second election under the provisions of this Section, then the city clerk shall call such election to be held on the third Tuesday in May, and shall cause notice of such second election to be published at least once in a newspaper having general circulation in the city.

In all second elections held under authority of this Section, the registration books used for the regular city election shall be used, and no new or additional registration shall be necessary; and, the election officials who conducted the regular city election shall conduct any second election, unless otherwise provided by action of the city council.

In the event a candidate for any office is entitled, under the provisions of this Section to request a second election, and does not file the required notice in proper time as herein provided, then the candidate who received the highest number of votes cast for such office in the regular city election shall be declared elected.

Sec. 6. Same-Filing Requirements of Candidates; Printing of Ballots, etc.; Write-in Privilege. Each candidate for election to the office of mayor or alderman, or to any other elective office of the city, shall file with the city clerk not later than 5:00 p.m. on the third Friday prior to the city election held on the first Tuesday in May of each year, written notice of his intention to become a candidate. The city clerk shall prepare and cause to be printed the official ballot of the city election containing all the names of those candidates who have filed with him as herein provided. It shall be unlawful for any person to make or cause to be made any copy or copies of the official ballots as sent out by the city clerk and no other ballots, other than those provided herein shall be used or voted in the election. Nothing in this Charter shall prevent any elector from writing or otherwise inserting the name on the official ballot of a person for whom he wishes to vote.

Sec. 7. Council-Manager Form of Government Established. The government of the city shall be the council-manager form of government and the general control of all the city's affairs shall be vested in a city council, which shall be elected as set forth in this Charter, and shall exercise their power in conformity to the provisions of this Charter and the provisions of the general law with reference to the powers and privileges of municipalities wherein no provision has been made in this Charter with respect thereto.

Sec. 8. City Manager-Appointment; Qualifications; Term of Office; Compensation. The city council shall appoint a city manager, who shall be the administrative head of the city government, and the city manager shall be responsible for the administration of all departments. He shall be appointed with regard to merit only, and he need not be a resident of the city when appointed. The city manager shall hold office during the pleasure of the city council, and shall receive such compensation as it shall fix by ordinance.

Sec. 9. Same-Duties. The city manager shall:

(a)       Be the chief administrative officer of the city.

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

(c)       Attend all meetings of the city council, and recommend for adoption such measures as he shall deem expedient.

(d)       Make reports to the city council from time to time upon the affairs of the city, keep the city council fully advised of the city's financial condition, and its future financial needs.

(e)       Appoint and remove all city employees other than those elected by the city council whose duties are set forth by this Charter except that the appointment or removal of department heads shall be with the approval of the city council.

(f)        The city manager shall have authority to require reports from the heads of the various departments as to any matter pertaining to said department or any person or persons in said department. By consent of the city council he may employ experts to examine the affairs of any department of the city, when he deems it necessary; and in all cases of investigation of any department of charges against any officers or employees of the city, he shall have the power to administer oaths, subpoena and compel the attendance of witnesses and production of books and papers.

(g)       The city manager shall, from time to time, give to the city council information about the condition of the city affairs and recommendations for consideration of such measures as he deems best for the city.

(h)       The city manager shall, whenever he deems it necessary, require the heads of the several departments of the city to meet with him at a time and place designated for consultation and advice upon the affairs of the city.

(i)        All orders from the city council to the employees of the city shall be sent through the city manager, who shall in turn give such order to the head of the department affected. And no alderman shall publicly or privately give any orders to any employee of the city.

(j)        The city manager may recommend the removal of the head of any department to the city council by setting forth his reasons therefor in writing to the city council. A copy of such request for removal and the reasons therefor shall be given to the head of the department whose removal is sought as soon as the same is filed with the city clerk. However, the removal shall not become effective until a hearing has been held before the city council on the charges and until the removal of the head of the department has been approved by at least a majority vote of the city council. The head of the department whose removal is sought shall be entitled to be heard and may be represented by counsel. The action of the city council in such matter shall be final.

Sec. 10. City Council-Power Generally; Organization; Mayor Pro Tempore; Oath of Office. All legislative powers of the city shall be vested in the city council and mayor. At the meeting held on the first Monday in June, or as soon thereafter as is practicable, the city council shall elect from its members a mayor pro tempore who shall hold his office during the pleasure of the city council.

The organization of the city council shall take place as provided in this Section notwithstanding the absence, death or refusal of one or more members to serve; provided, that at least a majority of the persons entitled to be members of the city council are present and take the prescribed oath of office. Any number entitled to take such oath who were not present at the time fixed therefor may take the oath at any time. The council shall be judge of the election and qualification of its members.

Sec. 11. Duty to Elect Certain City Officers, etc. The city council shall also elect at the meeting held pursuant to Section 10, or as soon thereafter as is practicable, a city clerk, a city collector of revenue, a city treasurer, and a city attorney, whose terms of office shall be provided for by ordinance, who shall be subject to such regulations and receive such compensation as the city council may determine, and shall hold their respective offices during the pleasure of the city council. The city council shall have power to appoint or remove department heads in conformity with Section 9 (j).

Sec. 12. Meetings. The city council shall fix suitable times for its regular meetings. The mayor, or in the absence of the mayor, the mayor pro tem, or a majority of the members of the city council may at any time call a special meeting of the city council by causing written notice, stating the time and place of holding such meeting and purpose of the same and signed by the mayor or city clerk, to be delivered in hand to each member or left at his usual dwelling place or place of business at least six hours before the time of such meeting. Meetings of the city council may also be held at any time when the mayor and all members of the city council are present or consent thereto.

Sec. 13. Quorum. A majority of the members of the city council shall constitute a quorum. In determining whether a quorum is present at any meeting the mayor shall be counted as a member of the city council.

Sec. 14. To Be Public; Presiding Officer; Tie Vote. Meetings of city council shall be public and the mayor, who shall be the official head of the city, shall preside, if present, but shall have no vote except in the case of a tie.

Sec. 15. Presiding Officer in Absence of Mayor. In the absence of the mayor, the mayor pro tempore shall preside and when so presiding shall vote only as herein provided for the mayor, and in the absence of both, a chairman pro tempore shall be chosen to preside at such meetings.

Sec. 16. Majority Vote Prerequisite to Passing Motions; Exception as to Resolutions and Ordinances. A majority vote of the members present at any city council meeting shall be sufficient to pass any motion unless otherwise set out herein. But any resolution or ordinance which is not approved by two-thirds vote of those present on the day that it is introduced shall pass two readings, the second of which shall be at a meeting held subsequent to the day on which it passes its first reading.

Sec. 17. Final Vote Involving Expenditures Exceeding One Thousand Dollars ($1,000.00). All final votes of the city council involving the expenditure of one thousand dollars ($1,000.00) or more shall be by ayes and nays and shall be entered upon the records.

Sec. 18. Rules of Order; Removal of Members for Cause. The city council shall determine its own rules of order and procedure except as otherwise provided. It may punish its members and all others in attendance upon its meetings for disorderly or contemptuous conduct, and with the concurrence of three-fourths of the whole council, remove any member from his office for gross immorality, misconduct, or corruption in office, and for incompetency, upon a full and fair hearing of charges filed for that purpose. Any mayor or alderman so removed shall have the right to appeal to the Superior Court of Vance County, and pending such appeal he shall be suspended without pay. But in event the Superior Court of Vance County finds that the mayor or alderman was wrongly removed from office, he shall be paid in full for the time of his suspension. The city council shall sit with open doors at all of its legislative sessions, and shall keep a journal of its proceedings, which shall be a public record.

Sec. 19. Salaries of Mayor and Councilmen. The salary of the mayor shall be fixed by the city council at the meeting held the first Monday in June, or as soon thereafter as is practical. The salary of the city council shall be fixed by the city council to be payable monthly.

Sec. 20. Duties, Authority, etc., of the Mayor. The mayor shall be the chief executive officer of the city, and shall preside over the city council. He shall be active in enforcing the laws of the city and shall have power to authorize the appointment of special policemen by the city manager for any special occasion, and to call upon the local military, under an order of the Governor of the State, for the suppression of any riot or public disturbance, and shall have the power to authorize the appointment of special firemen by the city manager in case of an emergency. In addition to these duties he shall be vested with the following powers and obligations:

(a)       The mayor shall sign all written contracts or obligations of the city as required by law or city council. He shall have authority to administer oaths in any transaction or proceeding connected with the city government and all official oaths of the councilmen, aldermen, chief of the police department, chief of the fire department, policemen and firemen, or any other officers of the city may be administered by the mayor.

(b)       The mayor shall be ex officio member of all boards or commissions elected by the city council or appointed by the mayor, he shall serve upon the same in an advisory capacity only.

(c)       The mayor shall have the power, in event of any riot, public disturbance or excitement threatening the peace of the city, to issue his proclamation prohibiting the sale or distribution of intoxicating liquors, of any weapon or ammunition, the gift, sale or distribution of any incendiary or inflammatory literature, and all public gatherings or speeches intended or calculated to produce disorder or a breach of the peace, in any part of the territory embraced within the police jurisdiction of the city, during a period to be named therein, not exceeding five days, which may be extended from time to time as the emergency may require. Any person violating such order shall be guilty of a misdemeanor.

(d)       Such other duties as the city council may prescribe by ordinance.

(e)       In the absence or inability of the mayor to act, the mayor pro tempore shall, as acting mayor, assume the duties and exercise all the rights and powers as mayor.

(f)        Except where the above duties are assigned to the mayor by general law the duties above set out to be performed by the mayor may be assigned to another person or other persons by an ordinance adopted by the city council by at least a majority vote of the whole city council.

Sec. 21. City Clerk. At the first meeting of the city council after its qualification, or as soon thereafter as practicable, the council shall elect a city clerk, who shall serve at the pleasure of the city council and at a compensation to be fixed by the council, and whose duties shall be as follows:

(a)       The city clerk shall act as clerk to the city council and such other boards, committees and commissions as the council shall direct, and shall keep the minutes and records thereof and shall be the custodian of all minute books of the proceedings of the city council and such boards.

(b)       The city clerk shall be the custodian of all written claims and demands made upon the city arising out of tort actions.

(c)       The city clerk shall be custodian of all signed petitions with reference to public improvements, condemnation proceedings, and all contracts made and entered into by the city and all notices and affidavits of the publishers with reference to publication of ordinances, budgets, or other legal advertisements required to be made by the city.

(d)       The city clerk shall be custodian of the official seal of the city and shall attest and affix such official seal to all documents or instruments of the city required to be so attested and sealed.

(e)       The city clerk shall be custodian of all bonds required by the City Code or other ordinance, contract or by law to be executed and deposited with the city.

(f)        The city clerk shall perform such other duties as may be required by the city council.

(g)       The city clerk shall have authority to administer oaths in any transaction or proceeding connected with the city government, and all official oaths of councilmen, aldermen, commissioners, chiefs of police, chiefs of fire department, policemen, firemen or other officers of the city may be administered by the city clerk.

(h)       The city council may combine the position of city clerk with any other office that it deems for the best interest of the City of Henderson, vesting in the person holding such combined offices the powers and duties of all the positions.

Sec. 22. City Collector of Revenue. At the meeting of the city council held on the first Monday in June, or as soon thereafter as is practicable, the city council shall elect a city collector of revenue, who shall serve at the pleasure of the city council and give bond in the amount of not less than twenty-five thousand dollars ($25,000.00), as may be fixed by the city council for the faithful performance of his duties and for a proper accounting of all funds coming into his hands by virtue of his office, or coming into his possession in connection therewith, for which he may be responsible, such bond to be renewed annually by a new bond for such sum as may be determined by the city council, and shall receive such compensation for his services as is fixed by the city council.

The city council may combine the office of collector of revenue with any other office or offices that it sees fit, vesting in the person holding such combined offices the powers and duties of each position.

Sec. 23. City Treasurer. At the meeting of the city council held on the first Monday in June, or as soon thereafter as is practicable, the city council shall elect a treasurer of the city who shall serve at the pleasure of the city council, and who shall give bond in such sum as may be required by the city council, and who shall receive such compensation for his services as may be fixed by the city council. The duties and obligations of the city treasurer shall be such as are designated by the city council.

The city council may combine the office of city treasurer with any other office or offices that it deems wise, vesting in the person holding such combined offices the powers and duties of each position.

Sec. 24. City Attorney. There shall be employed by the city council an attorney or a firm of attorneys to act as city attorney, who shall serve at the pleasure of the city council and receive such compensation as shall be fixed by the city council. Nothing in this Charter shall prevent the city council from employing additional attorneys for extra or special work and paying for such services an amount to be determined by the city council, or from employing attorneys to examine titles, bring and try suits, sign pleadings and do other acts in connection with the collection or foreclosure of liens for taxes, local improvements, special assessment or other liens of any character. The duties of the city attorney or city attorneys shall be as follows:

(a)       To prosecute or defend all suits at law or in equity wherein the city may become plaintiff or defendant in such suit;

(b)       To render advisory opinions to the city council, and to the heads of the various departments, to attend the meetings of the city council both regular and special; and approve as to legal form all bonds, contracts and insurance policies as may be in any way connected with the city government;

(c)       To perform such other services as the city council may deem necessary.

Sec. 25. Delegation of Duties by Department Heads. Where duties have been set out to be performed specifically by the city clerk, city collector of revenue, or city treasurer, the city council may provide that such duties may be performed by an assistant or deputy. And when such assistant or deputies are granted this authority their acts shall have the same force and effect as if performed by such officer.

Sec. 26. Police Jurisdiction. The members of the police department and the chief of the department shall have all the powers and authority now, or which may hereafter be vested in sheriffs and constables for the preservation of peace of the city and for suppressing disturbances and arresting offenders, which authority of the police department shall not be confined to the corporate limits of the city, but may be exercised anywhere in Vance County.

Sec. 27. City Council-Powers Enumerated. The city council shall continue under existing laws to have power to make and provide for the execution of such ordinances for the city as they may deem proper not inconsistent with the laws of the land, and the city shall have all the powers granted to municipalities by the general laws of the State as the same may now be or as hereafter anacted. In addition to the powers now or hereafter granted to municipalities under the general laws of the State, the city is specifically granted the following powers.

(a)       To adopt an ordinance requiring the owners of property abutting sidewalks to keep the sidewalks clear at all times of ice, snow, dirt and debris.

(b)       To require all railroad companies to maintain gates or watchmen at street crossings when deemed necessary unless such railroad has installed proper and fully approved automatic warning devices at such crossings as approved by the city council.

(c)       To regulate and control the location of railroad tracks and to require railway companies of all kinds to construct at their own expense such bridges, underpasses, turnouts, culverts, crossings and other things as the city council may find necessary.

(d)       To require that all property owners provide adequate drainage facilities to the end that their premises be kept free from standing water and permit the natural flow of water thereon to be taken care of, and that in case of failure on the part of such owner or owners, to provide the same, after due notice, to go upon their premises and construct the necessary facilities and charge the cost thereof against such premises so improved, such cost to constitute a lien upon such premises and be collected as in the case of taxes.

(e)       To compromise suits for street and sidewalk assessments when the validity or collectibility of any such assessment is doubtful; provided, however, that no compromise settlement shall be made unless it is recommended by the city attorney, and unless such compromise settlement is approved by three-fourths vote of those present at the council meeting that passes on the proposal.

(f)        The city council shall have the power to adopt an ordinance designating the officers of the city who shall be empowered to sign and, countersign checks, drafts, warrants and vouchers for payment on behalf of the city.

(g)       The enumeration of particular powers by this Charter shall not be deemed or held to be exclusive, but in addition to the powers herein enumerated or implied, the city, either through the city council, or through such other officers as may by law be provided, shall have and may exercise all other powers which under the Constitution and laws of the State, may be granted to cities.

(h)       No liability shall accrue to the city for the failure of the city or its officers and employees to perform any duty or exercise any power above enumerated.

Sec. 28. Power to Create, etc., Departments. The city council is specifically authorized and empowered in its discretion to create departments not listed in this Charter, to assign any duties not specifically assigned to a department to any department that it sees fit, to combine and consolidate two or more departments, whether listed in the Charter or not, when deemed wise for saving or efficiency, and to provide employees for any new or consolidated departments, to provide additional employees for departments set up by this Charter; provided, however, that the police and fire departments shall always remain separate departments. The city council shall have full authority to fix the compensation for such employees of the new or consolidated departments or for the employees of the departments set out by this Charter.

Sec. 29. Power to Grant Franchises. No franchise, lease, license by whatever name, or grant, to occupy or use the streets, alleys, parks, squares, and other public places of the city, either on, through, across, under or over the same, and no other franchise, shall be granted by the city to any person for a longer period than 30 years, nor shall any renewal or extension of any such franchise already made or which may be made be valid, if made more than 18 months before the expiration of the original grant and unless public notice has been given of the application for renewal, by publication in some newspaper of general circulation in the city, by publishing once a week for two consecutive weeks notice of the application for renewal of such franchise in a newspaper of general circulation in the city, the first such notice to be at least 15 days and not more than 21 days prior to such hearing. Such grant and any contract made in pursuance thereof may provide that, upon the termination of the franchise or license, the plant as well as any property of the grantee or licensee, upon the or in or under the streets, avenues, alleys or other public places shall thereupon, without further or other compensation to the grantee or licensee, or upon the payment of a fair valuation thereof, ascertained in a manner therein prescribed, be and become the property of the city; but in no event shall the licensee or grantee be entitled to any payment because of any valuation derived from the franchise. No franchise shall be granted in the first instance except upon notice in some newspaper of general circulation in the city, such notice to be at least 15 days and not more than 21 days prior to the consideration of such matter by the city council, at which meeting all interested parties shall appear and be heard. Whenever any person shall undertake under the terms of any grant, franchise or license from the city to operate any public utility plant or works and to render any public service by means thereof, and shall fail for any reason to furnish and perform such service, the city may bring its action in the Superior Court of the county to compel such service, and upon such failure being made to appear to any Judge having jurisdiction therein, it shall be his duty to appoint a receiver, as in other cases, to take charge and possession of the plant, works, or property and business of defaulting grantee or licensee and furnish such public service according to the terms of such franchise or licensee, and the Judge shall have power and authority to authorize the issuance of receivers certificates, which shall be a charge upon the property and effects of such person, to obtain the necessary funds for renewing, repairing, maintaining and operating the plant, works, and business, and for the efficient performance of such service, and to make such orders, decrees, and judgments as may be proper to assure the performance of such public services and protect the rights and property of the parties in a proper case he may order the sale of the property subject to the terms of such grant, franchise or license, or he may continue the operation under and by such receiver until it shall appear to the satisfaction of the Judge that the owner is able and will render the public service required by such grant, franchise or license, when such receivership may be determined and the property, plant, works, and business returned to the owner thereof. No franchise or grant of the city council shall operate to authorize any grantee hereof to hinder, obstruct, endanger, or impede the public in the free use of any street or public alley within the city, nor be so exercised as to interfere with the public convenience, health, or safety; and all pipes, mains, conductors, ways, poles, cables, wires, railways, and all and every contrivance, appliance, fixture, apparatus, or other instrument of any character, placed, located, or operated under any franchise or grant of the city shall be and remain subject to the control, regulation, and direction of the city council, notwithstanding the terms and provisions of any grant or franchise whatever. The city council shall have full power and authority to require that all wires, cables and conduits shall be placed underground when the public convenience and necessity requires them to be underground. The city council shall have authority to repeal any franchise by ordinance for misuse or nonuse of the franchise, or for failure to begin construction within the specified time, or for failure to provide proper and adequate extension of the services or failure to properly maintain the plant and fixtures. No franchise may be transferred except by the proper approval of the city council by ordinance.

Sec. 30. Taxing Powers. It shall be in the power of the city and the duty of the city council, annually, to levy taxes that will raise sufficient funds for the operation and management of the affairs of the city, and shall levy and collect the same in accordance with the provisions as exist under the general laws of the State; and the city shall have the further powers to levy and collect such further taxes that have been or may be approved by a vote of the electorate, and in accordance with such authority with respect thereto as may be granted the city; provided, that all polls and property taxable within the city shall be listed and valued and all property assessed as provided in the general laws of the State, and the city may levy and collect such privilege and license taxes as may be provided by law and the City Code or other ordinance.

(a)       The ad valorem taxes levied by the city shall constitute a lien upon the personal and real property, as provided by the general laws of the State. The city shall enforce and perfect such liens upon personal and real property under the provisions and procedure which may be outlined and provided for in the general laws of the State; provided, however, that it shall not be mandatory upon the city to make advertisement and sale of the property of delinquent taxpayers before enforcing its lien; provided, that the rates of discount and interest allowed for the payment of taxes by the general laws of the State shall be applicable to the ad valorem taxes of the city.

(b)       Whenever, pursuant to any statute, the City Code or other ordinance, the city does any work on any real estate and by the terms of the statute, Code or ordinance the cost of such work and materials and supplies furnished in connection therewith may be, or is made, a charge against the owner of such real estate or a lien against such real estate, the city clerk shall certify the cost to the collector of revenue of the city and he shall include such cost as a charge or tax against such owner and such real estate in making up the next tax scrolls and tax books for the city, and such charge shall be a lien against such real estate, collectible as are taxes, or collectible by suit, or other lawful means. And in event of the sale of the real estate by the owner before the next scroll or tax books are made up the lien shall follow the real estate and be enforceable against the new owner. Without limiting the generality of the foregoing provisions, they are made especially applicable to the cost of labor done, materials and supplies furnished in connection with any or all of the following: cutting weeds, abating nuisances, remedying dangerous conditions in wells, privies, buildings and houses.

Sec. 31. Power to Convey Real and Personal Property, etc. The city council shall have the power at all times to sell any and all personal property of the city at private sale, without resorting to public sale. The city shall have the power at all times to sell any real property belonging to the city after having advertised the same once a week for four consecutive weeks in a newspaper published in the county; provided that before any bid shall be deemed accepted or any sale made, or title passed by virtue of such sale, such sale shall be confirmed by the city council and the council may in its discretion, refuse confirmation, and when so authorized, a deed for such real estate may be executed by the mayor and attested by the city clerk, with the corporate seal of the city attached; provided, however, this shall not apply to plots in the cemetery except as to the manner of execution of the deed. In the sale of real estate the city is authorized to execute deeds in the usual form and containing full covenants of warranty.

Sec. 32. Power to Make Investigations, Subpoena Witnesses, etc. The city council shall have the power to make investigations as to the city's affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books and papers. Any person refusing to attend, or to testify, or to produce such books and papers may by summons issued by the city council be summoned before the recorder of the county or the District Court, and upon failure to give a satisfactory explanation of such refusal or failure he shall be guilty of a misdemeanor and may be fined. Any person who shall give false testimony under oath at any investigation shall be liable to prosecution for perjury.

Sec. 33. Wells, Privies, etc. The city council shall also have the power, by ordinance duly passed, to condemn as nuisances all wells, privies and other erections in the city which on inspection shall be found to be unhealthy, unsanitary or dangerous to persons or property, and cause the same to be abated, removed or filled up, at the expense of the owner, unless the owner thereof, at his own expense, upon notice and with the sanction and authority of the city council, shall reconstruct the same in such a manner as shall be prescribed by the laws of the city; and as to all buildings, wells, privies and other private improvements to be constructed in the future, they shall be constructed so as not to interfere with the health of persons or the safety of persons within the city.

Sec. 34. Corner Lot Assessment. The council shall have authority to determine the amount of applicability of assessment exemptions for corner lots for water and sewer installations, and to distinguish between different classifications of property uses. The exemptions for water mains and sanitary sewers shall not exceed 175 feet. If the corner, formed by two intersecting streets, is rounded into a curve, or is foreshortened for the purpose of providing sight distance or for any other purpose of construction, the footage for assessment purposes shall be calculated to the midpoint of the curve or foreshortened corner.

Sec. 35. Street Improvements-Authority of City Council to Make. In addition to any authority which is or may 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 Sections 36 through 38.

Sec. 36. Defined; When Petition Unnecessary. For the purpose of this Section, the term "street improvement" shall including grading, regrading, surfacing, resurfacing, widening, paving, repaving, and the construction or reconstruction of curbs, gutters and street drainage facilities. The city council may order street improvements and assess the cost thereof, exclusive of the cost incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the findings by the council as a fact:

(a)       That the street improvement project does not exceed 3000 linear feet for a major or minor thoroughfare and 1,200 linear feet for a residential street, 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 assessment 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 Section.

Sec. 37. Assessment Procedure. In ordering street improvements without a petition and assessing the cost thereof, unless otherwise provided by this Charter, 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. 38. Effect. The effect of the act of levying assessments under authority of Sections 35 through 37 shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.

Sec. 39. Extension of Extraterritorial Zoning and Subdivision Control Beyond One Mile-Extraterritorial Planning Area Defined. The city extraterritorial planning area is defined as boundaries which may be established coincident with, or with reference to, geographic boundaries, either natural or man made; provided, that such boundaries shall be established, insofar as is practicable, to encompass territory lying within a distance of approximately one mile of the corporate limits; but in no event, shall such boundaries be established to encompass territory lying more than one and one-half miles distance from the corporate limits; provided, further, that in the event of land lying outside the corporate limits, within boundaries established pursuant to this Section, and lying within the boundaries of the extraterritorial authority of another municipality, the city council may enact regulations for enforcement within this extraterritorial area as herein provided only upon receipt of a resolution duly adopted by the governing body of such other municipality consenting to the enactment of such regulations.

Sec. 40. Enactment of Regulations. The city is authorized to adopt a building code, plumbing code, electrical code, zoning ordinance, subdivision ordinance, and mapped streets ordinance in accordance with Sections 45 through 50, and other similar regulatory codes not only for the area within the corporate limits as may be provided for in the General Statutes, but for any area within the city extraterritorial planning area as defined by Section 39.

Sec. 41. Enforcement. The city council is hereby authorized to enforce any regulations adopted by ordinance pursuant to the authority granted by this Act within the city extraterritorial planning area as defined by Section 39 in the same manner as the city may now, or hereafter, be authorized to enforce any such regulations within the corporate limits of the city. This authority shall include the authority to require permits prior to the construction, reconstruction or alteration of any building or structure and to fix a schedule of fees therefor. In addition, the administrative officer of the city, designated by the city council to enforce any ordinance or regulation outside the corporate limits, shall have the same power and authority in the performance of this duty outside the city that he now may or hereafter be vested with in performance of the same duties within the corporate boundaries of the city.

Sec. 42. Authority of Zoning Board of Adjustment. The board of adjustment of the city, appointed pursuant to Section 160-178 of the General Statutes shall have the same power and authority within the city extraterritorial planning area as defined by Section 39 outside the corporate limits of the city as may now or hereafter be vested with such board for the area inside the corporate limits, and such board shall be constituted in accordance with the provisions of Section 160-181.2 of the General Statutes.

Sec. 43. Recording Subdivision Plat, etc. (a) Platting Authority. The board of aldermen is hereby authorized to enact an ordinance regulating the subdivision of land as defined by this Article within the city or within the extraterritorial planning area and not located in any other municipality. In the event of land lying outside the city within the extraterritorial planning area and lying also within the subdivision control jurisdiction of another municipality, the jurisdiction of the city shall terminate at a boundary line equidistant from the corporate limits of the city and the corporate, limits of the other municipality, unless such municipalities shall agree in writing upon a different boundary line based upon geographical features and existing or projected patterns of development within the area. The legislative body may, if it deems wise, decline to exercise its regulatory powers over any part of its extraterritorial jurisdiction which lies in another county, or which is separated from the municipality or from the remainder of the area subject to municipal jurisdiction by a river, inlet, sound, or other major physical barrier to urban growth; such decision shall not affect the validity of any subdivision regulations enacted for the remainder of the area over which the municipality has extraterritorial jurisdiction.

(b)       Adoption of Ordinance; Procedure. Before the board shall adopt a subdivision control ordinance or any amendment thereto, it shall hold a public hearing, notice of which shall be given once a week for two successive calendar weeks in a newspaper published within the city, or if no newspaper is so published, by posting such notice at four public places in the city. The notice shall be published the first time, or posted, not less than 15 nor more than 25 days prior to the date fixed for the hearing.

(c)       If the board adopts an ordinance regulating the subdivision of land, no subdivision plat shall be filed or recorded until it shall have been submitted to and approved by the board and such approval entered in writing on the plat by the city clerk, provided a copy of such ordinance shall be filed with the Register of Deeds of Vance County. The register of deeds upon receipt of such ordinance shall not thereafter file or record a plat of a subdivision of land located within the territorial jurisdiction of the city as herein defined without the approval of such plat by the board. The owner of land shown on a subdivision plat submitted for recording, or his authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the territorial jurisdiction of the city as herein defined. The Clerk of Superior Court of Vance County shall not order or direct the recording of a plat where such recording would be in conflict with this Section.

(d)       Subdivision Regulations. Prior to exercising the powers granted by this Article, the board shall by ordinance adopted pursuant to this Article adopt regulations governing the subdivision of land within its platting jurisdiction as defined in paragraph (a) of this Section. The ordinance shall require that at least a preliminary plan of every proposed subdivision shall be submitted for a study, recommendation, and tentative approval to the board or to the planning board or commission.

The ordinance may provide for the orderly development of the city and its environs; for the coordination of streets within proposed subdivision with existing or planned streets or with other public facilities; for the dedication or reservations of rights of way or easements for street and utility purposes; and for the distribution of population and traffic which shall avoid congestion and overcrowding, and which shall create conditions essential to public health, safety, and general welfare.

The ordinance may include requirements for the final plat to show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformance with good surveying practice.

The ordinance may provide for the more orderly development of subdivisions by regulating the construction of community service facilities, including water lines; sewer lines; street paving, curbing and guttering; and street drainage facilities in accordance with policies and standards established by the board under authority granted in Section 44 of this Charter and, to assure compliance with such requirements, the ordinance may require the posting of bond or other such method as shall offer guarantee of compliance.

Such ordinance may require that a plat be prepared, approved, and recorded pursuant to its provisions whenever land is subdivided within its jurisdiction, within the definition of "subdivision" in G. S. 160-226.6.

(e)       Effect of Plat Approval on Status of Dedications. The approval of a plat by the board shall not be deemed to constitute or effect the acceptance by the city or the public of the dedication of any street or other ground, public utility line, or other public facility shown upon the plat.

However, any municipal legislative body may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, where such lands or facilities are located within its subdivision-regulation jurisdiction.

(f)        Penalties for Transferring Lots in Unapproved Subdivisions. If the board adopts an ordinance regulating the subdivision of land as authorized by this Section, any person, who, being the owner or agent of the owner of any land located within the platting jurisdiction of the city as defined by paragraph (a) of this Section, thereafter subdivides his land in violation of such ordinance or transfers or sells such land by reference to or by exhibition of or by other use of a plat showing a subdivision of such land before such plat has been approved by the board and recorded in the register of deeds' office, shall be guilty of a misdemeanor, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The city, through the city attorney or other official designated by the board, may enjoin such transfer or sale by action for injunction.

(g)       Definitions. For purposes of this Section, a "subdivision" shall include all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the regulations authorized by this Section:

(1)       The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as shown in its subdivision regulations;

(2)       The division of land into parcels greater than 10 acres where no street right of way dedication is involved;

(3)       The public acquisition by purchase of strips of land for the widening or opening of streets;

(4)       The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right of way dedication is involved and where the resultant lots are equal to or exceed the standards of the city, as shown in its subdivision regulations.

Sec. 44. Authority to Require Improvements to Comply With City Specifications. In addition to the authority granted by G. S. 160-226.3, the city council is hereby authorized to provide for the more orderly development of subdivisions in the extraterritorial area by including in its subdivsion regulation ordinance provisions requiring the following:

(a)       that any streets proposed to be opened shall be graded and stabilized, and adequate storm drainage facilities installed, all in accordance with city standards and specifications;

(b)       that any streets proposed to be paved, and any curbs and gutters proposed to be constructed, shall be paved and constructed in accordance with city standards and specifications; and

(c)       that any water or sewer lines proposed to be installed shall be installed and constructed in accordance with city standards and specifications.

Sec. 45. Proposed Street Lines-Authority to Establish. Whenever, in the opinion of the city council, it is in the best interest of the city to do so, the council may make provision for the ultimate widening or extension or both of existing streets and for the opening of new streets, and for the gradual acquisition of the lands necessary for such improvements, in accordance with the procedure established by Sections 45 through 50.

Sec. 46. Platting. From and after the time of adoption of a major street plan by the city council and the State Highway Commission pursuant to provisions of G. S. 136-66.2, the city council shall have power to request, make, or cause to be made, from time to time, surveys for the exact locating of the lines of new, extended, widened, or narrowed streets and highways in the whole or any portion of the city and the area outside of its corporate boundaries as may be permitted by Section 45. Personnel making such surveys are empowered to enter upon lands, make examinations or surveys, and place and maintain necessary monuments thereon, at reasonable times and with due care for the property. A plat or plats of the area or areas thus surveyed shall be prepared on which are indicated the locations of the lines recommended as the planned or mapped lines of future streets, street extensions, street widenings, or street narrowings. The preparation of such plat or plats shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

Sec. 47. Adoption of Official Map, Etc. Following the preparation of plats as required by Section 46, the city council may officially adopt a map or maps of planned new streets and highways, extensions, widenings, narrowings, or vacations of streets within the city and the area outside of its corporate boundaries. Before taking any such action, the council shall hold a public hearing thereon, notice of the time and place of which shall have been given once a week for two successive weeks in a newspaper published in the city, or if there be no newspaper published in the city, by posting such notice at four public places in the city and at four public places within the affected area outside of the corporate boundaries. Said notice shall be published or posted for the first time not less than 15 days prior to the date fixed for said hearing. Following adoption of such a map or maps, the council shall certify a copy to the Register of Deeds of Vance County, which copy shall be duly filed. The placing of any street or street line upon any official map or maps shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking of acceptance of any land for street purposes.

Sec. 48. Right of City to Acquire Property Before Improvement Upon Proposed Street Lines. From and after the time of adoption and certification to the register of deeds of any such map or maps required by Section 47, it shall be unlawful to build upon any land within the lines of proposed streets shown thereon or to repair or otherwise improve any existing buildings within said lines until the city council shall have been given an opportunity to purchase or otherwise acquire said property for street purposes. To that end, any person proposing to build upon such land or to make repairs or improvements to any existing building on such land shall, in writing, notify the city council of the nature and estimated cost of such building, repairs, or improvements. The council shall then determine whether it will take the necessary steps to acquire said land prior to construction of said building or the making of said repairs or improvements. If the council fails, within 60 days from the receipt of such notice, to acquire, adopt a formal resolution directing an appropriate officer to acquire, or institute condemnation proceedings to acquire said property, then the owner or other person giving notice may proceed to erect the building or to make the repairs or improvements described in said notice. The building inspector is authorized to withhold and refrain from issuing, for a period not exceeding 60 days from receipt by the council of the notice herein prescribed, any building permit for the erection of any building within the said lines, or for the making of any repairs or improvements to existing buildings within said lines.

Sec. 49. Effect of Failure to Notify City of Improvements. If any person builds upon any land included within said proposed street lines, or repairs or otherwise improves that part of any existing building within said lines, without giving the city council an opportunity to acquire said property free from improvements, as provided in Section 48, the council shall not be required to pay for the value of said building, repairs, or improvements in any proceeding subsequently brought to acquire the land for the purpose shown on the officially adopted map or maps.

Sec. 50. Effect of Failure of City to Act. The failure of the city council to take action under Section 48, within 60 days after notice shall not have the effect of limiting the right of the council at any subsequent time to condemn the same. In such case, however, the owner shall be entitled to full compensation as now provided by law for the building, repairs, or improvements made after the failure of the council to take action within the prescribed period.

Sec. 51. Bonds of City Officers and Employees. In all instances where an officer or employee of the city is required by this Charter or by the City Code or other ordinance to furnish bond for the faithful performance of his duties, or the proper accounting of funds of the city, the premiums upon such bond shall be paid by the city. A new bond shall be given each year to provide for cumulative liability of the bond.

Sec. 52. Damage Claims Against City. No action for damages against the city of any character whatever to either person or property, shall be instituted against the city unless within 90 days after the happening or inflicting of the injury complained of, the complainant, his executors or administrators shall give notice to the city council of such injury in writing, stating in such notice the date and place of happening or infliction of such injury, the manner of such infliction, the character of the injury and the amount of damages claimed therefor, and the city council shall either have declined to pay the same or allowed 20 days to have passed from the date of presentation of the claim and neglected to enter or caused to be entered upon its minutes its determination in regard thereto, but nothing in this Section shall be construed to prevent any statute of limitation from commencing to run at the time such claim accrued or demand arose, or in any manner interfere with its running.

Sec. 53. Procedure for Letting Contracts, etc. All purchases and contracts made by the city council shall be made, let, and executed according to the general laws of the State applicable thereto, as the same may be now or hereafter be enacted; provided, however, that contracts of the city involving more than one thousand dollars ($1,000.00) shall be in writing and G. S. 160-279 shall control and govern only contracts of the city in excess of one thousand dollars ($1,000.00).

Sec. 54. City Code to Remain in Force, etc. All provisions of the City Code or other ordinance not inconsistent with the provisions of this Charter shall remain in full force and effect until altered, amended, or repealed by the city council.

Sec. 55. Effective Date of Charter; Repeal of Certain Acts, etc. The following laws are hereby repealed:

1.     Chapter 731, Session Laws of 1953

2.     Chapter 904, Session Laws of 1959

3.     Chapter 675, Session Laws of 1963

4.     Chapter 875, Session Laws of 1963

5.     Chapter 651, Session Laws of 1965

No such repeal shall affect any act done, or any right accruing or accrued or established, or any suit had or commenced in any case before the time when such repeal shall take effect; neither shall any rights, estate, duty or obligation possessed by or due to the corporation by its present name from any corporation or person whatever be lost, affected or impaired, but the same shall remain in full force and be possessed, enforced and enjoyed in the name and for the use of the corporation by the name of the City of Henderson. No offense committed and no penalties or forfeitures incurred under any of the Acts or ordinances hereby repealed and before the time when such repeal shall take effect, shall be affected by the repeal, except that when any punishment, penalty or forfeiture shall have been mitigated by the provisions of the Act, such provisions may be extended and applied to any judgment to be pronounced after the repeal; provided, that no suit or prosecution pending at the time of the repeal for any offense committed, or for any penalty or forfeiture incurred under any of the Acts or ordinances hereby repealed shall be affected by such repeal; provided, further, that no law heretofore repealed shall be revived by the repeal of any Act repealing such law; and provided lastly, that all persons who at the time when the said repeal shall take effect shall hold any office under any of the Acts hereby repealed shall continue to hold the same according to the tenure thereof, except as those offices which may have been abolished and those as to which a different provision shall have been made by this Act.

Sec. 56. Severability of Charter Provisions. If any clause, sentence, paragraph, subsection, Section or any part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the part thereof directly involved in such judgment. If any part or clause of this Act shall be declared unconstitutional and if such part so declared unconstitutional embraces subject matter controlled and provided for by any law, public or private, in effect at the time of the adoption of this Act, such pre-existing laws shall continue and remain in effect, notwithstanding any repealing clause contained herein.

Sec. 57. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 58. This Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 14th day of June, 1967.