NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 829

HOUSE BILL 1128

AN ACT TO AMEND THE CHARTER OF THE TOWN OF SURF CITY IN PENDER COUNTY.

The General Assembly of North Carolina do enact:

Section 1. The governing body of the Town of Surf City shall consist of five (5) commissioners. Municipal elections in the Town of Surf City shall be held on the second Saturday in May, 1964, and biennially thereafter. The three (3) candidates receiving the greatest number of votes in the first election shall serve for a term of four (4) years; the one receiving the greatest number of votes shall be designated as Mayor for the first two (2) years of his term; the one with the second highest number of votes will be designated Mayor Pro Tem and the one with the third highest number of votes shall perform the duties of Treasurer. The two receiving the next highest number of votes shall act as commissioners and shall serve for a period of two (2) years. At the municipal election to be held in 1966, and quadrennially thereafter, two (2) commissioners shall be elected for four-year terms, and at the municipal election to be held in 1968, and quadrennially thereafter, three (3) commissioners shall be elected for four-year terms, and until their successors are elected and qualified.

From and after their election, the commissioners elected by the voters shall select the Mayor and Mayor Pro Tem from their own number and they may impose the duties of the Treasurer on one of their own number. All newly elected officers shall be eligible to take office on the first day of July after they have been duly certified as elected.

Sec. 2. The Town of Surf City shall have all the rights, privileges, powers, immunities and liabilities which are conferred upon and are incident to incorporated cities and towns by virtue of the laws of the State of North Carolina, and all such as are created, limited, modified, or extended by this Act; but whenever this Act shall be in conflict with, or repugnant to, the general laws of the State applicable to cities and towns, then this Act shall govern and control insofar as the rights, privileges, powers, immunities and liabilities of the Town of Surf City are concerned.

Sec. 3. The corporate limits of said Town shall be as follows:

Beginning at a stake in the Atlantic Ocean, said stake being located 309 feet southwardly from where the easternmost corner of the Bland Tract #6 of the J. T. Bland Division reaches the waters' edge at the Atlantic Ocean; running thence along and with the Atlantic Ocean northeastwardly 29,140 feet, more or less, to the Onslow-Pender line; thence along and with the Onslow-Pender County line northwestwardly to a stake in the eastern edge of the Intracoastal Waterway; thence along and with the eastern edge of the Intracoastal Waterway southwardly to a stake located 500 feet northwardly from the center line of North Carolina Highways 50 and 210 where they cross the eastern edge of the right of way of the Intracoastal Waterway; running thence North 32 degrees West across the Intracoastal Waterway 2,000 feet; thence South 60 degrees and 30 minutes West across North Carolina Highways 50 and 210, 1,000 feet to a stake; thence South 32 degrees East 2,000 feet, more or less, across the Intracoastal Waterway to a stake in the eastern edge of the right of way of the Intracoastal Waterway, which stake is located 500 feet southwardly from the center line of North Carolina Highways 50 and 210; thence along and with the eastern edge of the Intracoastal Waterway's right of way southwardly to a point where the Old Topsail Inlet Channel or Creek enters the Intracoastal Waterway; thence in a southwardly direction with Topsail Inlet Channel to a point where the Ward-Humphrey line reaches the waters of the Channel; thence along and with the Ward-Humphrey line South 27 degrees 15 minutes East to a stake in the Atlantic Ocean, the point of beginning.

Sec. 4. The Mayor shall be the chief executive officer of the Town, and subject to the supervision of the Board of Commissioners, shall perform all duties pertaining to such office. He shall do and perform all duties provided or prescribed by law or by the ordinances of the Town, not expressly delegated to any other person. He shall have general supervision and oversight over the departments, and offices of the Town government and shall be the chief representative of the Town and shall report to the Board any failure on the part of any of the officers of his or any other department to perform their duties, and shall preside at all meetings of the Board of Commissioners, except that the Mayor Pro Tem shall preside in his absence. He shall sign all contracts on behalf of the Town, unless otherwise provided by law or ordinance or resolution of the Board of Commissioners; he shall have charge of, and cause to be prepared and published, all statements and reports required by law or ordinance or by resolution of the Board of Commissioners.

Sec. 5. It shall be the duty of each commissioner to recommend to the Town Purchasing Agent the purchase of goods and contracts for all things necessary to be contracted for in his department, and these recommendations shall be submitted to the Board of Commissioners for its order with respect thereto.

Sec. 6. The Board of Commissioners has and shall exercise all legislative powers, functions and duties conferred upon the Town or its officers. It shall make all orders for the doing of work or the making or construction of any improvements, bridges or buildings. It shall levy all taxes, apportion and appropriate all funds, audit and allow all bills and accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost of street improvements, sidewalks, sewers, and other work, improvements, or repairs which may be specially assessed. It shall make or authorize the making of all contracts and no contract shall bind or be obligatory upon the Town unless either made by ordinance or resolution adopted by the Board of Commissioners and reduced to writing and approved by said Board, or expressly authorized by ordinance or resolution adopted by the Board. All heads of departments, agents and employees are the agents of the Board of Commissioners only, and all their acts shall be subject to review and to approval or revocation by the Board of Commissioners. The head of departments, superintendent, agent, employee, or officer shall from time to time, as required by law or ordinance, or when requested by the Board of Commissioners, or sooner if said agent shall deem it necessary for the good of the public service, report to the Board of Commissioners in writing respecting the business of his department, officers, or employment, all matters connected therewith. The Board of Commissioners may, by ordinance or resolution, assign to a head of a department, or officer, additional employment and such service shall be rendered without additional compensation. The Board of Commissioners shall elect and have authority over the Town Clerk who shall be the Clerk of the Board of Commissioners.

Sec. 7. Each member of the Board of Commissioners shall devote such of his time and attention to the performance of the public duties herein mentioned as is necessary to fully carry out the same.

Sec. 8. All persons living within the confines of the city limits of Surf City for at least thirty (30) days prior to the date of the election shall be eligible to run for the offices herein provided for and shall be eligible to vote in the election as herein provided.

Sec. 9. All persons desiring to seek public office for the Town of Surf City and otherwise qualified to do so must register with the Clerk and pay a filing fee of ten dollars ($10.00) which may be paid into the Treasury of Surf City prior to 6:00 o'clock P.M. on the 14th day of April of any election year, provided, however, should this date fall on a Sunday, then and in that event, the time for filing shall be extended to 6:00 o'clock P.M. on the 15th day of April.

Sec. 10. In the event of a tie vote making it impossible to determine who has been elected, then and in that event, it shall be the duty of the commissioners to post a notice that a runoff election between the two (2) tied candidates shall be held two (2) weeks from the election to decide which of the two (2) tied candidates shall be certified to the Clerk of the Town of Surf City as elected.

Sec. 11. The persons entitled to receive ballots from the Clerk of the Town of Surf City and to vote as hereinbefore set out shall be persons twenty-one years of age or over having resided in Surf City for thirty (30) days immediately preceding the election.

Sec. 12. The Mayor and Commissioners of the Town of Surf City shall serve without pay for a period of five (5) years from the date of the enactment of this Act, after which the compensation may be set by a majority vote not to exceed two hundred dollars ($200.00) per year each.

Sec. 13. The present Mayor and Commissioners of the Town of Surf City shall hold office until 12:00 o'clock Midnight on the thirtieth day of June, 1964, and until their successors have qualified.

Sec. 14. Should a vacancy occur by resignation or otherwise, the remaining commissioners may appoint a successor who, upon being sworn in by the Clerk of said Town or some other person duly authorized, may take office and discharge the duties of said office until the term has expired as herein provided.

Sec. 15. Except as otherwise provided in this Act, the provisions of Article 3 of Chapter 160 of the General Statutes, relating to municipal elections, shall be applicable to the Town of Surf City.

Sec. 16. Any person violating any of the election laws, or swearing falsely as to his age or residence, shall be guilty of a misdemeanor and fined in the discretion of the Court.

Sec. 17. All acts of the Commissioners of the Town of Surf City since its incorporation in 1949 in levying and collecting taxes are hereby ratified and validated.

Sec. 18. This Act shall apply only to the Town of Surf City in Pender County.

Sec. 19. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 20. 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 11th day of June, 1963.