NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1104

HOUSE BILL 1569

 

 

AN ACT TO AMEND CHAPTER 1225 OF THE 1959 SESSION LAWS AND TO AMEND CHAPTER 22 OF THE PRIVATE LAWS OF 1935, RELATIVE TO THE CHARTER OF THE CITY OF LEXINGTON SO AS TO INCREASE THE MEMBERSHIP OF THE LEXINGTON UTILITIES COMMISSION AND TO CHANGE THE METHOD OF APPOINTMENT.

 

The General Assembly of North Carolina enacts:

 

Section 1. That portion of Section 1 of Chapter 1225 of the Session Laws of 1959, relating to the membership of the Utilities Commission of the City of Lexington which portion begins on line 4 with the words "'Section 1. A commission'" is rewritten to read as follows:

"Sec. 1. Creation; composition; terms.

A.        A commission of the City of Lexington to be known as the Lexington Utilities Commission is hereby created. The commission shall be composed of six members, five of whom shall be residents of the respective voting wards which are currently or hereafter established for the election of City Councilmen and one of whom shall be a resident of the city at large. Appointments to the membership of the Lexington Utilities Commission for South Ward and for North Ward II shall be made at the regular meeting of the City Council of the City of Lexington in December, 1980. Appointments to the membership of the Lexington Utilities Commission for the West Ward and for the city at large shall be made at the regular meeting of the City Council in December, 1981, provided that the original appointment of a member from the city at large shall be as provided in Part D of this section. Appointments to the membership of the Lexington Utilities Commission for the East Ward and for the North Ward I shall be made at the regular meeting of the City Council in December, 1982. Each appointment to the Lexington Utilities Commission shall be for a term of three years, and no person shall be eligible for reappointment who has previously served two consecutive three‑year terms until one year after the expiration of the last term served, except that the members serving on the date of ratification of this act may be appointed for one additional three‑year term regardless of prior service and any present or future member who has not served two consecutive three‑year terms may be reappointed.

B.        The membership of the six‑member Utilities Commission established by this section shall be initially constituted as follows:

Mr. Alton Beck and Mr. Curtis Leonard, Jr., shall serve until the first meeting of the City Council of Lexington in December of 1980. Mr. Earl E. Riddle and the City Council's appointment of a member at large shall serve until the first meeting of the City Council in December of 1981, and Mr. L. Klynt Ripple and Mr. Robert L. Lowe shall serve until the first meeting of the City Council of the City of Lexington in December of 1982.

As the term of each of the above enumerated members of the Commission expires, a successor shall be appointed as provided in Part A of this section for a term of three years by the City Council at the first regular meeting of the Council in December of each respective year. The City Council shall fill vacancies on the Commission occurring otherwise than by expiration of term, by appointment for the unexpired term. Appointments to fill vacancies on the Commission, occurring by reason of expiration of a term or otherwise, shall be upon majority vote of the membership of the City Council. The Mayor shall vote if there is a tie vote.

C.        If a member of the Utilities Commission establishes a residence outside of the City of Lexington or outside of the ward from and for which he was appointed then this shall be grounds for his removal as a member of the Lexington Utilities Commission by resolution of the City Council.

D.        Appointment of a member for the city at large shall be made at the next City Council's meeting after ratification of this act and the Commissioner appointed by the City Council for the city at large shall serve until the first regularly held City Council's meeting in December of 1981 or until his successor has been duly appointed.

Sec. 2. Chapter 22, Section 4, of the Private Laws of 1935, pertaining to Lexington Utilities Commission is amended by adding at the end of that section the following language:

"The chairman selected shall not vote unless there is a tie vote."

Sec. 3. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of June, 1980.