NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 28

HOUSE BILL 110

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF PILOT MOUNTAIN AND TO REPEAL PRIOR CHARTER ACTS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The Charter of the Town of Pilot Mountain is hereby revised and consolidated to read as follows:

"THE CHARTER OF THE TOWN OF PILOT MOUNTAIN

"ARTICLE I. INCORPORATION AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The Town of Pilot Mountain shall continue to be a body politic and corporate under the name and style of the "Town of Pilot Mountain", and shall continue to be vested with all property and rights which now belong to the Town; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract, may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature.

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

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

"ARTICLE II. CORPORATE BOUNDARIES

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

BEGINNING at a planted cement post, Mrs. P. L. Trotter's corner on northwest edge of said road and running North 75 degrees 52 minutes West 2150 feet to a stake; thence North no degrees 17 minutes West 2503 feet to a Right-of-way monument located between US Highway 52-A and US Highway 52; thence North 34 degrees 45 minutes East 367 feet to a driven iron pipe; thence South 16 degrees 2 minutes East 6097 feet to a driven iron; thence North 77 degrees 56 minutes East 2223 feet to a planted cement post; thence South 49 degrees 27 minutes east 5109 feet to a driven iron; thence South 51 degrees 17 minutes East 2009 feet to a driven iron; thence South 37 degrees 20 minutes West 456 feet to a driven iron; thence South 59 degrees 19 minutes West 1757 feet to a planted cement post; thence north 82 degrees 30 minutes West 4625 feet to a planted cement post; thence North 65 degrees 44 minutes West 716 feet to a driven nail and cap in the centerline of NC Highway 268 and North edge of said bridge which spans Southern Railroad (formerly A & Y); thence North 11 degrees 5 minutes West 1976 feet to the point of beginning. SAVE AND EXCEPT, THEREFROM, HOWEVER, the following description of the current corporate boundaries of said town: Beginning on a stake in Old and New Hollow road; thence with New Hollow road one hundred and fifty feet to a stake; thence north-east to fork (of) Lynchburg and Forge road; thence east to a stake in S. H. Venable's and David Whett's line; thence with said Venable's line to Hollow Road; thence south with J. F. Venable's (and) A. L. Whett's line, crossing railroad, to a stake on north side of Heatherly's creek; thence north-west to a certain popular, (poplar) Stephens' corner; thence north-west to Boyle's and Hiatt's line in Lynchburg road; thence north to the beginning.

"Sec. 2.2. Extension of Corporate Boundaries. The Board of Commissioners of the Town of Pilot Mountain may, from time to time, define any territory adjacent to the existing corporate limits of the Town of Pilot Mountain, which in the judgment of the board of commissioners should be annexed to the Town of Pilot Mountain and be included within its corporate limits. The board of commissioners shall give notice of its intention to consider a resolution describing territory to be annexed to the town and shall conduct a public hearing upon such resolution. The time and place of the hearing and a description of the territory being considered for annexation shall be advertised once a week for four successive weeks in some newspaper having a general circulation in Surry County.

Following such hearing and upon the adoption of a resolution defining and describing such territory, and finding that it is advisable that such territory be annexed to the Town of Pilot Mountain, the board of commissioners shall furnish to the Surry County Board of Elections a certified copy of the resolution and shall request the Surry County Board of Elections to call and conduct an election to determine whether or not such territory shall be annexed to the Town of Pilot Mountain.

Upon receipt of the certified copy of the resolution, the Surry County Board of Elections shall call an election to be held not less than sixty (60) days and not later than ninety (90) days following the adoption of the resolution by the board of commissioners and the call for said election shall:

(a)       Describe the territory proposed to be annexed to the town;

(b)       Provide that the matter of annexation of such territory shall be submitted to the vote of the qualified voters of said town as shown by its general registration books and of the territory to be annexed, voting together;

(c)       Provide for a new or special registration of voters in the territory proposed to be annexed for said election;

(d)       Designate the precincts and voting places for such election;

(e)       Name the registrars and the judges of election;

(f)        Make all other necessary provisions for the holding and conducting of said election, and the canvassing of the returns and the declaration of the results, and said call shall be published once a week for four successive weeks prior to said election in some newspaper having a general circulation in Surry County.

At such election the qualified voters shall be furnished ballots on which shall be printed the words "For Extension" and "Against Extension". If at such election a majority of votes cast shall be "For Extension", then from and after the 31st day of December of the year in which the election is held the territory so voted on and its citizens and property shall be subject to all the laws, ordinances and regulations then in force or thereafter adopted in the Town of Pilot Mountain, and same shall be included within the corporate limits of the Town of Pilot Mountain and shall be a part of said town, and the territory so annexed and the citizens and property therein shall be afforded by the Town of Pilot Mountain as soon as practicable the same municipal privileges, benefits, services and facilities, without discrimination, as are afforded other comparable parts of the Town of Pilot Mountain at the time said territory is annexed. The cost of holding such elections shall be a necessary public expense and shall be paid from the general funds of the Town of Pilot Mountain. The holding of said elections and the canvassing of the returns and all other matters pertaining to said elections, shall be as provided by law for the election of members of the Board of Commissioners of the Town of Pilot Mountain.

"ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

"Sec. 3.1. Composition of Board of Commissioners. The Board of Commissioners shall consist of four members to be elected by the qualified voters of the Town voting at large in the manner provided in Article IV.

Sec. 3.2.  Mayor and Mayor Pro Tempore.  The Mayor shall be elected by and from the qualified voters of the Town voting at large in the manner provided in Article IV.  The Mayor shall be the official head of the Town government and shall preside at all meetings of the Board of Commissioners.  Where there is an equal division on a question, the Mayor shall determine the matter by his vote, but he shall vote in no other case.  The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the Town.  The Board of Commissioners shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor's absence or disability.  The Mayor Pro Tempore as such shall have not fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.

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

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

(c)       In the event a vacancy occurs in the office of Mayor or Commissioner, the Board shall by majority vote appoint some qualified person to fill the same for the remainder of the unexpired term.

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

"Sec. 3.5. Organization of Board; Oaths of Office. The Board of Commissioners shall meet and organize for the transaction of business at a time established by ordinance, following each biennial election and prior to July 1. Before entering upon their offices, the Mayor and each Commissioner shall take, subscribe, and have entered upon the minutes of the Board the following oath of office:

"I,                                             , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of         , on which I am about to enter, according to my best skill and ability; so help me, God."

Sec. 3.6.  Meetings of Council.  (a)  The Board of Commissioners shall fix suitable times for its regular meetings, which shall be as often as once monthly.  Special meetings may be held on the call of the Mayor or a majority of the Board, and those not joining in the call shall be notified in writing.  Any business may be transacted at a special meeting that might be transacted at a regular meeting.

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

"Sec. 3.7. Quorum; Votes. (a)  A majority of the members elected to the Board of Commissioners shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

(b)       Three affirmative votes, which may include the vote of the Mayor in case of equal division among the Board, 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 those 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 clauses of all ordinances shall be: "Be it ordained by the Board of Commissioners of the Town of Pilot Mountain". All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. ELECTION PROCEDURE

"Sec. 4.1. Regular Elections. Elections shall be held biennially on the Tuesday after the first Monday in May, beginning in 1971. In the 1971 election and biennially thereafter, the candidate for Mayor who receives the largest number of votes cast for Mayor shall be declared elected for a term of two years. In the 1971 election and biennially thereafter, the two candidates for Commissioner who receive the largest numbers of votes cast for Commissioner shall be declared elected for terms of four years. In the 1973 election and biennially thereafter, the two candidates for Commissioner who receive the largest numbers of votes cast for Commissioner shall be declared elected for terms of four years.

"Sec. 4.2. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of Mayor or Commissioner shall file with the Town Clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than sixty (60) days nor later than five o'clock p.m. on the second Friday preceding the election at which he offers his candidacy, shall be accompanied by payment of a filing fee of five dollars ($5.00), shall be signed in the presence of the Town Clerk or his designee, and shall be substantially in the following form: "I,                                                        , do hereby give notice that I am a candidate for election to the office of (Mayor)(Commissioners), to be voted on at the election to be held on                   , and I hereby request that my name be placed on the official ballot for such office. I also certify that I am a resident and qualified voter of the Town of Pilot Mountain, residing at             .

Date:                                                                                                       (Signature)                 ."

"Sec. 4.3. Ballots. No names other than those of candidates who have properly filed notice as herein required shall be printed upon the ballots for any Town election.

"Sec. 4.4. Regulation of Elections. All Town elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise herein provided.

"ARTICLE V. TOWN ATTORNEY

"Sec. 5.1. Appointment; Qualifications; Term; Compensation. The Board of Commissioners shall appoint a Town Attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the Town during his tenure. The Town Attorney shall serve at the pleasure of the Board and shall receive such compensation as the Board shall determine.

"Sec. 5.2. Duties of Town Attorney. It shall be the duty of the Town Attorney to prosecute and defend suits for and against the Town; to advise the Mayor, Board of Commissioners, and other Town officials with respect to the affairs of the Town; to draw all legal documents relating to the affairs of the Town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; to attend all meetings of the Board of Commissioners if requested to attend and to perform such other duties as may be required of him by virtue of his position of Town Attorney.

"ARTICLE VI. ADMINISTRATIVE OFFICERS AND EMPLOYEES

"Sec. 6.1. Town Clerk and Treasurer. The Board of Commissioners shall appoint a Town Clerk and Treasurer to keep a journal of the proceedings of the Board of Commissioners and to maintain in a safe place all records and documents pertaining to the affairs of the Town, and to perform such other duties as may be required by law or as the Board of Commissioners may direct.

"Sec. 6.2. Town Tax Collector. The Board of Commissioners may appoint a Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the Town, subject to the provisions of this Charter and the ordinances of the Town, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

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

"Sec. 6.4. Consolidation of Functions. The Board of Commissioners may, in its discretion, consolidate any two or more of the positions of Town Clerk and Treasurer, Town Tax Collector, and Town Accountant, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions. The Board of Commissioners may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named offices, in lieu of appointing other persons to perform the same.

"ARTICLE VII. FINANCE AND TAXATION

"Sec. 7.1. Custody of Town Money. All moneys received by the Town for or in connection with the business of the Town government shall be paid promptly into the Town depository or depositories. Such institutions shall be designated by the Board of Commissioners in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the Town shall accrue to the benefit of the Town. All moneys belonging to the town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

"Sec. 7.2. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the Town government by a certified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the Town or of any of its officers. The Board of Commissioners shall select the certified public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the Town, and may be published if so ordered by the Board of Commissioners.

"ARTICLE VIII. POLICE

"Sec. 8.1. Jurisdiction Extended. (a)  The jurisdiction of the police force is hereby extended to include all unincorporated territory outside and within one mile of the corporate limits, and all members of the police force shall have within such territory all rights, power and authority as they have within the corporate limits.

(b)       The jurisdiction of the police force is hereby extended to include all Town 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. 8.2. Effect of Ordinances on Town Property. All applicable ordinances of the Town shall have full force and effect upon and within all property and facilities owned by the Town, whether located within or outside the corporate limits.

"ARTICLE IX. SIDEWALK IMPROVEMENTS

"Sec. 9.1. Sidewalks; Assessment of Costs. In addition to any authority which is now or may hereafter be granted by general law to the Town for making sidewalk improvements, the Board of Commissioners is hereby authorized to order to be made or to make sidewalk improvements or repairs without petition according to standards and specifications of the Town, and to assess the total cost thereof against abutting property owners.

"Sec. 9.2. Assessment Procedure. In ordering sidewalk improvements without a petition and assessing the cost thereof under authority of this Article, the Board of Commissioners shall comply with the procedure provided by Article 9 of Chapter 160 of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.

"Sec. 9.3. 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 of Chapter 160 of the General Statutes.

"ARTICLE X. CLAIMS AGAINST THE TOWN

"Sec. 10.1. Presentation of Claims; Suit Upon Claims. (a)  All claims or demands against the Town of Pilot Mountain arising in tort or in contract shall be presented to the Board of Commissioners in writing, signed by the claimant, his attorney or agent, within ninety days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within thirty days or after the expiration to twelve months from the time said claim or demand is so presented. Unless the claim or demand is so presented within ninety days after the cause of action accrues, and unless suit is brought within twelve months thereafter, any action thereon is barred.

(b)       No action shall be instituted against the Town on account of damages to or compensation for real property taken or used by the Town for any public purpose, or for the ejectment of the Town therefrom, or to remove a cloud upon the title thereof, unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the Board of Commissioners of the claim, stating in the notice the date that the alleged use commenced, a description of 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 longest period. The Town may at any time request the appointment of a next friend to represent any person having a potential claim against the Town and known to be suffering from physical or mental incapacity."

Sec. 1 1/2.  The second sentence of the first unnumbered paragraph of G.S. 160-453.12 is amended by changing the period at the end thereof to a comma and inserting the following:

"nor to the Town of Pilot Mountain in Surry County".

Sec. 2.  The purpose of this act is to revise the Charter of the Town of Pilot Mountain and to consolidate herein certain acts concerning the property, affairs, and government of the Town.  It is intended to continue without interruption those provisions of prior acts which are consolidated into this Act, so that all rights and liabilities that have accrued are preserved and may be enforced.

Sec. 3.  This act shall not be deemed to repeal, modify, nor in any manner to affect any of the following acts, portions of acts, or amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set forth herein:

(a)       Any acts concerning the property, affairs, or government of public schools in the Town of Pilot Mountain;

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

Sec. 4.  No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

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

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

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

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

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

Sec. 6.  (a)  All existing ordinances and resolutions of the Town of Pilot Mountain, and all existing rules or regulations of departments or agencies of the Town of Pilot Mountain, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified or amended.

(b)       No action or proceeding or any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Pilot Mountain or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Sec. 7. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Sec. 8.  This act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 25th day of February, 1971.