NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 36
SENATE BILL 19

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF FARMVILLE, NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Corporate Powers
Section 1. Incorporation and Corporate Powers. The inhabitants of the Town of Farmville, North Carolina, within the boundaries as established in Section 3 of this Charter or as hereafter established in the manner provided by law, shall continue to be a body politic and corporate by name of the Town of Farmville, and under that name shall have perpetual succession; may use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for any municipal purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, lease or condemnation and may sell, lease, hold, manage and control such property as its interests may require, and except as prohibited by the Constitution of North Carolina or restricted by Charter, the Town of Farmville shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature, whatsoever. The following shall be deemed to be a part of the powers conferred upon the Town of Farmville by this Section:
(1)	To levy, assess and collect taxes and to borrow money within the limits prescribed by general law; and to levy and collect special assessments for benefits conferred.
(2)	To furnish all local public services; to purchase, hire, construct, own, maintain and operate or lease local public utilities, to acquire, by condemnation or otherwise, within or without the corporate limits, property necessary for such purposes, subject to restrictions imposed by general law for the protection of other communities; and to grant local public utility franchises and regulate the exercise thereof.
(3)	To make local public improvements and to acquire, by condemnation, or otherwise, property within or without its corporate limits necessary for such improvements; and also to acquire an excess over that needed for any such improvements, and to sell or lease such excess property with restrictions, in order to protect and preserve the improvements.
(4)	To sell any real or personal property upon such terms as the board of commissioners deems to be for the best interest of the town; provided, however, the board may require any property to be sold for cash at public auction after notice of said sale has been posted at the Town Hall of the Town of Farmville for a period of thirty days next preceding the sale and a further publication of the notice of sale for a period of four weeks next preceding the sale in a newspaper published in the Town of Farmville; provided the board may authorize said sale to be confirmed immediately or may prescribe a term for holding said sale open for raised bids; provided, further, that the board of commissioners may, in either event, empower and authorize the mayor and clerk to execute and deliver to the purchaser a deed, with or without warranties, upon payment of the purchase price, or compliance with the terms of the sale by the purchaser.
(5)	To issue and sell bonds on the security of any such excess property, or of any public utility owned by the town, or of the revenues thereof, or of both, including the case of a public utility, if deemed desirable by the town, a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate such utility.
(6)	To organize and administer public libraries.
(7)	To adopt and enforce within its limits local police, sanitary and other similar regulations not in conflict with general laws.
(8)	To organize and administer public recreation facilities and to appoint a commissioner or committees to administer same, not prohibited by the General Statutes of the State of North Carolina.
Sec. 2. 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 therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the Town of Farmville shall have and may exercise, all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate. All powers of the town, whether expressed or implied, shall be exercised in the manner prescribed by this Charter, or, if not prescribed therein, then in the manner provided by ordinance or resolution of the board of commissioners.
Sec. 3. Corporate Boundaries. The corporate boundaries of the town shall be as follows:
BEGINNING at an iron stake on the East side of South Main Street, 50 feet East of the center line and approximately 850 feet North of the intersection of U. S. Highway No. 258 and No. 264; thence North 81 degrees 15 minutes West 660 feet, more or less, to a corner on the West right of way line of the East Carolina Railroad; thence along said right of way, North 01 degrees 07 minutes East 1,900 feet, more or less, to a point of curve; thence continuing along said right of way, a curve, 1,000 feet, more or less, to a point of tangency; thence continuing along said right of way North 11 degrees 11 minutes East 3,070 feet to a point, the southeast corner of Washington Heights; thence along the southern line of Washington Heights, North 45 degrees 19 minutes West 720 feet to an iron pipe; thence along the western line of Washington Heights North 11 degrees 17 minutes West 759 feet, more or less, to a point in the center line of the R. E. A. right of way; thence along the center line of the R. E. A. right of way, South 48 degrees 01 minutes West 1,080 feet, more or less, to a point in the southern line of Westwood Subdivision; thence along the southern line of the Westwood Subdivision, North 88 degrees 10 minutes West 790 feet to the southwest corner, an iron; thence along the western line of Westwood, North 11 degrees 50 minutes East 1,048 feet to a corner; thence South 70 degrees 29 minutes East 714.3 feet with a ditch, center line to a corner; thence North 44 degrees 53 minutes East 555.6 feet to a concrete marker in the southern line of West Church Street, 30 feet South of the center line thereof; thence with the southern line of Church Street, South 45 degrees 07 minutes East 520 feet, more or less, to a point; thence North 50 degrees 18 minutes East 448 feet, more or less, to a point in the southern line of West Wilson Street; thence with the southern line of Wilson Street, South 46 degrees 23 minutes East 365 feet to a point on the western right of way of East Carolina Railroad; thence along said right of way, North 11 degrees 11 minutes East 830 feet, more or less, to a point of curve; thence along said right of way, a curve, 2,550 feet, more or less, to a corner; thence North 64 degrees 45 minutes East 740 feet, more or less, to a corner; thence South 25 degrees 15 minutes East 350 feet to the northeast corner of the Dick Harris lot; thence with the Harris line, South 64 degrees 45 minutes West 300 feet to a corner; thence South 25 degrees 15 minutes East 832 feet to a concrete marker; thence South 62 degrees 15 minutes East 5,060 feet, more or less, to a point in the center line of the intersection of North Main Street and Contentnea Street; thence South 13 degrees 45 minutes East 5,360 feet, more or less, to a point on the southern right of way line of the Norfolk & Southern Railway; thence along said right of way, North 73 degrees 05 minutes West 2,750.0 feet, more or less, to a concrete marker; the northeast corner of Clairmont Subdivision; thence South 17 degrees 17 minutes West 206.2 feet to a point; thence South 19 degrees 17 minutes West 269 feet to a point; thence South 24 degrees 43 minutes East 58 feet to a point; thence South 58 degrees 59 minutes East 77.1 feet to a corner; thence South 58 degrees 59 minutes East 129.9 feet to a stake, cornering; thence South 42 degrees 41 minutes West 216 feet to a stake; thence South 58 degrees 11 minutes West 125 feet to a stake; thence South 38 degrees 35 minutes West 87 feet to a stake; thence South 42 degrees 25 minutes West 151 feet to a stake; thence South 45 degrees 30 minutes West 194 feet, more or less, to a point on the northern line of Prince Road; thence along the North line of Prince Road, North 46 degrees 16 minutes West 160 feet, more or less, to a point in the northeast corner of Prince Road and Melissa Drive; thence South 43 degrees 44 minutes West 60 feet to a point in the southeast corner of Prince Road and Melissa Drive; thence along the South side of Prince Road, North 46 degrees 16 minutes West 340 feet to a point; thence South 43 degrees 44 minutes West 150 feet to a point; thence North 46 degrees 16 minutes West 685 feet to a point, the southwest corner of the Clairmont Subdivision; thence North 43 degrees 44 minutes East 150 feet to a point; thence North 17 degrees 10 minutes East 67.1 feet to a point; thence North 43 degrees 44 minutes East 520 feet to a point; thence North 25 degrees 18 minutes East 63.2 feet to a point; thence North 43 degrees 44 minutes East 183.6 feet to an iron stake on the southern right of way line of Norfolk & Southern Railroad, the northwest corner of Clairmont Subdivision; thence along said right of way, North 73 degrees 05 minutes West 680 feet, more or less, to a point of curve; thence along said right of way with an 8 degree curve, 650 feet, more or less, to point of tangency; thence along said right of way, South 43 degrees 47 minutes West 1,102.8 feet to another point of curve; thence along said right of way with a 2 degree curve, 600 feet, more or less, to point of tangency; thence along said right of way South 31 degrees 47 minutes West 1,140 feet, more or less, to a concrete marker on the East side of South Main Street, 50 feet East of the center line; thence along the East side of South Main Street, South 08 degrees 45 minutes West 325 feet, more or less, to the point of beginning.
Board of Commissioners
Sec. 4. Creation, Salary and Composition of Mayor and Board of Commissioners. Except as otherwise provided in this Charter all powers of the town shall be vested in a board of commissioners, consisting of five members and a mayor, nominated and elected from the town at large in the manner hereinafter provided. The term of office of the mayor and the board of commissioners shall be as hereinafter provided and until their successors are elected and qualified, and shall begin on the first day of July next following their election. If a vacancy occurs in the office of mayor or commissioners, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the board of commissioners.
The mayor and each member of the board of commissioners shall receive a salary, the amount of which shall be prescribed by ordinance. Provided, however, that the present mayor and board of commissioners shall continue to receive the same salary until the same is changed as provided therein.
No ordinance fixing or changing the salary of members of the board of commissioners or the mayor shall become effective during the current two‑year term of office of the members of the board of commissioners enacting such ordinance; provided, no ordinance shall be enacted after March 1st and prior to election‑reducing or increasing the salary of board members or the mayor for the next ensuing two‑year term.
Members of the board of commissioners shall be qualified electors of the town. A member of the board of commissioners ceasing to possess any of the qualifications specified in this Section, or convicted of a felony while in office, shall immediately forfeit his office.
Sec. 5. Meetings of the Board of Commissioners. At 12:00 o'clock, Noon, on the first day of July, following a regular municipal election, the board of commissioners shall meet at the usual place for holding its meetings and newly elected members shall assume the duties of office. Thereafter the board of commissioners shall meet at such times as may be prescribed by ordinance or resolution, but not less frequently than once each month. Special meetings shall be called by the clerk upon request by the mayor or two members of the board of commissioners. Any such notice shall state the subject to be considered at the special meeting and no other subject shall be there considered. All meetings of the board of commissioners and of committees thereof shall be open to the public, and the rules of the board of commissioners shall provide that citizens of the town shall have a reasonable opportunity to be heard at any such meetings in regard to any matter considered thereat.
Sec. 6. Mayor and Mayor Pro Tem. At its first meeting in the month of July following a regular municipal election, the board of commissioners shall choose one of its members as vice‑chairman, who shall act as mayor pro tem. The mayor shall preside at meetings of the board of commissioners and shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by the general laws of North Carolina, by this Charter, and the ordinances of the town. He shall be recognized as the head of the town government for all ceremonial purposes, by the courts for serving civil processes, and by the Governor for purposes of military law. In time of public danger or emergency, the mayor shall if so authorized and directed by vote of the board of commissioners take command of the police, maintain order and enforce the law. In case of the absence or disability of the mayor, the mayor pro tem shall act as mayor during the continuance of the absence or disability.
Sec. 7. Board of Commissioners; Rules. The board of commissioners shall be judge of the election and qualification of its members and the mayor, and in such cases shall have power to subpoena witnesses and compel the production of all pertinent books, records, and papers, but the decision of the board of commissioners in any case shall be subject to review by the courts. The board shall determine its own rules and order of business and keep a journal of its proceedings.
Sec. 8. Quorum. A majority of the members elected to the board of commissioners shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members elected to the board of commissioners shall be necessary to adopt any ordinances, resolutions, order, or vote; except that a vote to adjourn, or regarding the attendance of absent members may be adopted by a majority of the members present. No member shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are involved.
Sec. 9. Introduction and Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced in the board of commissioners only in written or printed form. All ordinances, except ordinances making appropriations and ordinances codifying or rearranging existing ordinances or enacting a code of ordinances, shall be confined to one subject, and the subject, or subjects, of all ordinances shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the board of commissioners. The enacting clause of all ordinances shall be: "BE IT ORDAINED BY THE TOWN OF FARMVILLE ----".
Sec. 10. When Ordinances and Resolutions Take Effect; Emergency Measures. Ordinances making the annual tax levy, appropriation ordinances, ordinances and resolutions pertaining to local improvements and assessments, ordinances and resolutions providing for or directing any investigation of town affairs, resolutions requesting information from administrative officers or directing administrative action, and emergency measures shall take effect at the time indicated therein. Except as otherwise prescribed in this Charter, all other ordinances and resolutions passed by the board of commissioners shall take effect at the time indicated therein, but not less than ten days from the date of their passage. An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health, or safety in which the emergency claimed is set forth and defined in the preamble thereto.
No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. No situation shall be declared as an emergency by the board of commissioners except as defined in this Section, and it is the intention of this Charter that such definition shall be strictly construed by the courts.
Sec. 11. Authentication and Publication of Ordinances and Resolutions. Upon its final passage each ordinance or resolution shall be authenticated by the signature of the mayor and the town clerk and shall be recorded in a book kept for that purpose.
Municipal Elections
Sec. 12. Election Laws. That for the purpose of selecting a mayor and members of the board of commissioners of said town, there shall be held on the first Tuesday in May, of 1965 and biennially thereafter a nonpartisan election, which election shall be held under the following rules:
A.	The polls shall open at 6:00 o'clock, A.M., and close at 6:00 o'clock, P.M., on election day.
B.	At least fifty days prior to any election, regular or special, the board of commissioners shall call said election and shall cause the notice of said election to be published at least one time in a newspaper published in or having substantial circulation in the Town of Farmville, said notice to be published at least forty days before the date of election, setting forth the time and place of registration, the time of the election, the polling place and the names of the registrar and other election officials.
C.	At least forty days prior to election, the board of commissioners shall appoint one registrar, and one alternate registrar, to conduct the registration and hold said election.
D.	At least forty days prior to election, the board of commissioners shall appoint two pollholders and one alternate pollholder to assist said registrar or his alternate to hold said election.
E.	The board of commissioners of said town may empower, authorize and direct the registrar, or the alternate registrar, if the registrar cannot serve, at any time after his appointment and prior to the first day the books shall be open for registration, to revise the registration books by copying the names of all eligible voters into a new registration book, leaving out names of all deceased persons, persons who have moved away, or persons who for some other reason are ineligible to vote; provided that all registration books shall be retained and any persons who are eligible to vote but whose name is not brought forward shall be entitled to vote from the old registration books; provided, however, the board of commissioners may at any time order a complete new registration, after which all old registration books shall become void.
F.	That the registration books for any election shall be kept open from 9:00 o'clock, A. M., until 6:00 o'clock, P. M., at some convenient place as designated in the public notice of said election; for three consecutive Saturdays, the third of which shall be the second Saturday preceding election day.
G.	The last Saturday before election day shall be challenge day, and the registrar shall have the registration books available at the designated place from 9:00 o'clock, A. M., until 6:00 o'clock, P. M., to hear and determine all challenges to the eligibility of any registered person.
H.	That no persons shall be allowed to register or vote in said election unless he be a qualified voter under the laws of the State.
I. 	That all candidates for mayor of said town shall register their candidacy with the clerk of said town at least ten days prior to the election, and shall deposit with the clerk a registration fee of fifteen dollars ($15.00), therefor.
J.	That all candidates for the board of commissioners of said town shall register their candidacy with the clerk of said town at least ten days prior to the election and shall deposit with the said clerk the sum of five dollars ($5.00) as a registration fee therefor.
K.	After the close of said time for said registration of candidates, the clerk of the town shall proceed to have ballots printed setting forth the names of all candidates, which ballots shall contain sufficient explanatory matter to designate the purpose thereof; the names of candidates nominated for mayor or the board of commissioners in accordance with the provisions of this Charter, except such as may have withdrawn, died, or become ineligible, shall be printed on the official ballot in alphabetical order of the surnames in rotation, without any party designation. There shall be printed as many sets of ballots as there are candidates. Each set of ballots shall begin with the name of a different candidate, the other names being arranged thereafter in regular alphabetical order, commencing with the next name in alphabetical order after the one that stands first on such set of ballots; when the last name is reached in alphabetical order it shall be followed by the name that begins with the first letter represented in the list of names and by the others in regular order; provided, that if the printer should make a mistake and fail to print the ballots in accordance herewith, same shall not invalidate the election; that returns of said election shall be made by the registrar and at least one pollholder to the board of commissioners, who in meeting assembled, shall declare the result and publish same and no other election for the selection of said officials for said town shall be necessary, except in cases where no candidate for an office receives a majority of the votes cast, in which event the candidate receiving the next highest number of votes cast may demand a second election by filing a written notice of same with the clerk of the town within five days after the first Tuesday in May thereafter, and shall be conducted under the same rules and regulations governing the holding of the first election as hereinabove set out; provided, that there shall be no registration or challenge for said second election, except that any person attaining the age of twenty‑one years after the registration books close may register and vote in either the first or second election, if otherwise qualified.
L.	That no general or special law regulating municipal elections shall be applicable to the Town of Farmville, but that all elections shall be held and conducted according to the stipulations herein contained and that all general and special elections called in said town for any other purpose shall also be held and conducted in accordance herewith and the general laws governing same not inconsistent herewith.
M.	That no person shall vote by absentee ballot.
N.	That the newly elected officials are to assume office on the first day of July, except when said day falls on Sunday and in that event, on the second day of July after the elections, and shall hold office until their successors are duly elected and qualified. Separate ballots shall be prepared by the clerk, upon which the names of the candidates for mayor and those of the candidates for membership on the board of commissioners shall appear, which ballots shall contain sufficient explanatory matter to enable the electors to understand the same and to vote for the candidate or candidates of their choice. In voting for the candidates for membership on the board of commissioners, the elector shall cast his or her vote for as many candidates as there are offices to be filled, and where an elector votes for any member of such candidates less than the number of offices to be filled, such ballot shall not be counted for any of the group of candidates for said offices. There shall be printed on this ballot the number of candidates to be voted for.
0.	That the term of office of the mayor shall be for two years; provided that anyone who serves as mayor shall be eligible for re‑election.
P.	That the two commissioners elected with the highest vote at the election to be held on the first Tuesday in May, 1965, shall be elected and shall hold office for four years or until their successors are elected, and the three commissioners elected with the lowest vote shall be elected and hold office for a period of two years or until their successors are elected; and the election thereafter held on the first Tuesday in May, 1967, shall be for the election of a mayor for a two‑year term and for the election of three commissioners for a term of four years, to succeed the three commissioners elected in 1965 for a two‑year term. Thereafter the municipal election shall be held biennially as above provided for a mayor and for either two or three commissioners as the situation requires.
Q.	Any matters arising in connection with any election of the town officials or for any other purpose, and not provided for herein shall be governed by the State of North Carolina Laws for municipal elections.
Administrative Service
Sec. 13. Appointment of Officers and Employees. The board of commissioners may appoint a town clerk, a treasurer, a tax collector, an accountant, a town attorney, a chief of police, a fire chief, and such other officers and employees as may be necessary, none of whom need be a resident of the town at the time of appointment; provided, that the board of commissioners may appoint one person to fill any two or more such positions. Such employees or officers shall serve at the pleasure of the board of commissioners, and shall perform such duties as may be prescribed by the board of commissioners.
The board of commissioners shall fix salaries, prescribe bonds and require such oaths as they may deem necessary or as by law provided.
Sec. 14. Town Clerk. The board of commissioners shall choose a town clerk. The town clerk shall keep the records of the board of commissioners and perform such other duties as may be required by law or by the board of commissioners, including those set forth in Section 16 hereof.
Sec. 15. Duties of the Town Attorney. The town attorney shall be an attorney at law who shall have qualified to practice in the State of North Carolina. He shall be the chief legal advisor of and attorney for the town and all departments and officers thereof in matters relating to their official powers and duties. It shall be his duty, either personally or by such assistants as he may designate to perform all services incident to the department of law; to attend all meetings of the board of commissioners; to give advice in writing when so requested, to the board of commissioners or the director of any department; to prosecute or defend, as the case may be, all suits or cases to which the town may be a party; to prepare all contracts, bonds and other instruments in writing in which the town is concerned, and to endorse on each, his approval of the form and correctness thereof, and to perform such other duties of a legal nature as the board of commissioners may require. In addition to the duties imposed upon the town attorney by this Charter or required by ordinance or resolution of the board of commissioners, he shall perform any duties imposed upon the chief legal officers of municipalities by law.
Sec. 16. Further Duties of the Town Clerk. The town clerk shall prepare the budget in accordance with the general laws of North Carolina relating to the preparation of municipal budgets. He shall have authority and shall be required: To maintain accounting control over the finances of the town government, for which purpose he is empowered to operate a set of general accounts embracing all the financial transactions of the town and such subsidiary accounts and cost records as may be required by ordinance or by the board of commissioners for purposes of administrative direction and financial control; to prescribe the forms of receipts, vouchers, bills, or claims to be filed by all departments or agencies of the town government; to examine and approve all contracts, orders, and other documents by which the town incurs financial obligation, having ascertained before approval that moneys have been duly appropriated and allotted to meet such obligations and will become available when the obligations have become due and payable; to audit and approve all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the town government and to determine the regularity, legality, and correctness of such claims, demands, or charges, to make monthly reports on all receipts and expenditures of the town government to the mayor and board of commissioners and to take monthly reports on funds, appropriations, allotments, encumbrances, and authorized payments to the mayor, the board of commissioners and the head of the department or agency directly concerned; to inspect and audit any accounts or records of financial transactions which may be maintained by any department or agency of the town government apart from or subsidiary to the general accounts; and to perform such other duties pertaining to the financial records of the town government as the board of commissioners may require by ordinance.
Sec. 17. Duties of the Town Tax Collector. A tax collector, who may also be the clerk, shall collect all taxes, licenses, fees, and other moneys belonging to the town government, subject to the provisions of this Charter and ordinances enacted thereunder, and he shall diligently comply with and enforce the general laws of North Carolina relating to the collection, sale and foreclosures of taxes by municipalities. It shall be the duty of the tax collector to deposit daily in the town depository, all money belonging to the town.
Sec. 18. Duties of the Town Treasurer. The treasurer, if any, who may also be the clerk, shall have custody of and shall disburse all moneys belonging to the town government subject to the provisions of this Charter and ordinances enacted thereunder; shall have custody of all investments and invested funds of the town or in possession of the town in a fiduciary capacity, and shall keep a record of such investments, and shall have custody of all bonds and certificates of town indebtedness, including such bonds and certificates unissued or cancelled, and the receipt and delivery of town bonds and certificates for transfer, registration or exchange.
Sec. 19. Custody of Town Money. All money received by any department or agency of the town for or in connection with the business of the town government shall be paid promptly into the town depository. Such institution or 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 ordinance. All interest on moneys belonging to the town shall accrue to the benefit of the town government. All moneys belonging to the town government shall be disbursed only on vouchers signed by the mayor and countersigned by the town clerk or treasurer, if any.
Sec. 20. Issuance of Bonds. The town may issue bonds for the purpose and in the manner prescribed by the general laws of North Carolina for the issuance of bonds by municipalities.
Sec. 21. Purchase Procedure. Purchases for equipment and materials may be made by the town for the purpose and in the manner prescribed by the general laws of the State of North Carolina.
Sec. 22. Contracts for Town Improvements. Contracts for town improvements may be made by the town for the purpose and in the manner prescribed by the general laws of the State of North Carolina.
Sec. 23. Cost of Economic Development. The board of commissioners of the town are authorized to expend from non‑tax revenues, a sum not to exceed five thousand dollars ($5,000.00) annually for economic development of the town or the areas immediately adjacent thereto.
Sec. 24. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the town government by qualified public accountants, selected by the board of commissioners, who have no personal interest directly or indirectly in the financial affairs of the town government or of any of its officers.
Miscellaneous Provisions
Sec. 25. Publicity of Records. All records and accounts of every office and department of the town shall be open to inspection by any citizen or by any representative of the press at all reasonable times and under reasonable regulations established by the board of commissioners.
Sec. 26. Personal Interest. Neither the mayor or any member of the board of commissioners nor any officer or employee of the town shall have a financial interest, directly or indirectly, in any contract with the town or be financially interested, directly or indirectly, in the sale to the town of any land, materials, supplies, or services, except on behalf of the town as an officer or employee. Any willful violation of this Section shall constitute malfeasance in office and any officer or employee of the town found guilty thereof shall thereby forfeit his office or position. Any violation of this Section, with the knowledge, express or implied, of the person or corporation contracting with the town shall render the contract voidable by the board of commissioners.
Sec. 27. Oath of Office. Every officer of the town, shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the town clerk: "I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of North Carolina, that I will, in all respects, observe the provisions of the Charter and ordinances of the Town of Farmville, and will faithfully discharge the duties of the office of _____________________________________ (the appropriate office)."
Sec. 28. Continuance of Contracts. All contracts entered into by the town or for its benefit prior to the taking effect of this Charter shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or Charter provisions existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws and Charter provisions.
Sec. 29. Saving Clause. If any part of this Charter shall be declared invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of the Charter. The provisions of this Charter shall supersede all laws and ordinances not consistent herewith, in so far as the Town of Farmville is affected thereby.
Sec. 30. All Acts and Clauses of Acts in Conflict. All Charter provisions heretofore enacted by and for the Town of Farmville, North Carolina, be and the same are hereby repealed.
Sec. 31. Court. The Town of Farmville, North Carolina, shall maintain a court for the trial of criminal actions, to be known as the Town of Farmville Recorders Court, which said court shall have jurisdiction over any misdemeanor perpetrated in Farmville Township of Pitt County, North Carolina. The board of commissioners shall appoint a judge to preside over said court and shall set the salary of said judge, who shall serve at the will of the board of commissioners of the town. The board of commissioners may appoint a clerk of court and set his salary. The clerk of court may be some person other than the town clerk.
The mayor of the town shall be eligible for appointment as judge even while serving as mayor of the town. The board of commissioners shall also appoint an alternate judge to serve in the absence of the judge and the board of commissioners shall set the salary of the said alternate judge; the mayor of the town, if he is not appointed judge, shall be eligible to serve as alternate judge of said court; the board of commissioners may appoint a solicitor to prosecute the docket and set his salary, or they may permit the court to be operated without a solicitor, as it has been operated in the past; the court costs in the Town of Farmville Recorders Court shall be set by the board of commissioners, subject to the general laws of the State of North Carolina, and all court costs collected shall be paid into the general funds of the Town of Farmville, except as required by the General Statutes of the State of North Carolina.
Sec. 32. Police Jurisdiction. The Town of Farmville police shall have jurisdiction to make arrests and investigations anywhere within the confines of Farmville Township.
Sec. 33. Zoning. The Board of Commissioners of the Town of Farmville shall have authority and power to adopt, alter, extend, and amend a zoning ordinance for the town, and also may adopt an ordinance regulating the areas outside the town within the provisions of the general laws of the State of North Carolina, pertaining to zoning outside the city limits.
Sec. 34. Bird Sanctuary. The Town of Farmville shall be considered a bird sanctuary.
Sec. 35. Appointment of Boards, Committees, and Commissions. The board of commissioners shall have authority to appoint various boards, committees, and commissions, deemed necessary to conduct the business of the town and its various departments and shall have the power to direct and control their activities and to set salaries for their services, not inconsistent with the general laws of the State of North Carolina.
Sec. 36. This Act. This Act shall be in full force and effect from and after its ratification provided that the mayor and the board of commissioners in office at the time this Charter takes effect shall continue until their successors are elected and qualified.
Sec. 37. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 38. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 4th day of March, 1965.