NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 713

HOUSE BILL 917

 

 

AN ACT TO REVISE THE CHARTER OF THE CITY OF CHARLOTTE.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Charter of the City of Charlotte is hereby revised to read as follows:

CHAPTER I

ORGANIZATION AND POWERS

Subchapter A. Incorporation: Corporate Powers and Their Exercise.

Section 1.01. Incorporation and Corporate Powers. The City of Charlotte shall continue to be a body politic and corporate by the name of "City of Charlotte." Under that name the city shall continue to be vested with all property and rights of property which now belong to the corporation; shall have perpetual succession, shall have a common seal and may alter and renew same at will; may sue and be sued; may contract; may acquire and hold all such property and rights of property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it; and from time to time may hold or invest, sell, or dispose of such property and rights of property; and shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.

Section 1.02. Exercise of Power. All powers, functions, rights, privileges and immunities of the city, its officers, agencies and employees, shall be carried into execution as provided by this Charter. If this Charter makes no such provisions, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by pertinent, applicable general laws of North Carolina and if not so provided in the general laws, then as provided by ordinance, resolution or other action of the City Council.

Subchapter B. Corporate Boundaries: Extensions.

Section 1.21. Existing Corporate Boundaries.

(a)       The corporate boundaries of the city shall be those existing at the time of ratification of this Charter and as the same may be altered from time to time in accordance with applicable laws. The City Engineer shall prepare a map to be designated "Map of Charlotte City Limits," showing the corporate boundaries as the same may exist as of the date of ratification of this Charter. The City Engineer shall also prepare a written description of the corporate boundaries as shown on said map, to be designated "Description of Charlotte City Limits." Said map and description shall be retained permanently in the office of the City Clerk as the official map and the description of the corporate boundaries of the city. Immediately upon alterations of the corporate boundaries made pursuant to law from time to time, the City Engineer shall indicate such alterations by making appropriate changes in or additions to said official map and description. Photographic, typed or other copies of said official map or description, certified by the City Clerk, shall be admitted in evidence in all courts and shall have the same force and effect as would the official map or description.

(b)       The City Council may provide for the redrawing of the official map and the rewriting of the official description as may from time to time be required. A redrawn map and a rewritten description shall supersede for all purposes the earlier maps and descriptions which are respectively replaced.

Section 1.22. Extension of Corporate Boundaries. The corporate boundaries of the city may be changed, altered or extended, from time to time, in accordance with applicable general laws of North Carolina.

CHAPTER II

NOMINATIONS AND ELECTIONS

Subchapter A. In General.

Section 2.01. Time of City Election. On Friday after the first Monday in May biennially commencing in May, 1967, there shall be elected a mayor and a City Council composed of seven members who shall be elected at large by and from the qualified voters of the City of Charlotte for a term of two years and until their successors are elected and qualified.

Section 2.02. Nomination by Primary. All candidates to be voted for at all regular city elections shall be nominated by a primary election, and no other names shall be printed upon the regular election ballot except those nominated in such primary in the manner hereinafter prescribed.

Section 2.03. Hours Polls Open. In all municipal elections, primary, regular, and special, the polls shall be open between the hours of 6:30 o'clock A. M. and 6:30 o'clock P. M. Eastern Standard Time.

Section 2.04. Elections Under County Board of Elections. All municipal elections, primary, regular, and special, shall be conducted under the exclusive supervision of the Mecklenburg County Board of Elections according to the laws now or hereafter enacted governing elections of State and county officers and as modified by this Charter; provided, however, in no event shall absentee ballots be used in municipal elections, primary, regular, or special.

Section 2.05. Expenses Paid by City. The expense of holding city primaries and regular elections and any special, special bond, or special tax elections shall be paid by the City of Charlotte, and there shall be paid to the County Board of Elections and all other election officials or officers the same rate of pay as in the elections of county or State officers or in special county elections.

Section 2.06. Intent of Chapter. It is the intent of this chapter to place responsibility for supervision of all municipal elections, primary, regular, and special, in the Mecklenburg County Board of Elections. By way of illustration, but not by way of limitation, the Mecklenburg County Board of Elections shall have the same jurisdiction and authority to change municipal precinct boundaries, create new precincts, and fix polling places as is conferred on said board by the law governing State and county elections; said board shall appoint registrars and judges for all municipal elections, primary, regular, and special; it shall prepare and distribute ballots; it shall oversee and supervise conduct at the polls on election days; it shall canvass the returns of all municipal elections, primary, regular, and special, and shall certify the results thereof. It is the further intent and purpose of this chapter that only one set of registration books or registration records, as the case may be, be used in the City of Charlotte for all municipal elections, primary, regular, and special, and that such books or records be those prepared, established, and maintained by the Mecklenburg County Board of Elections for the precincts lying within the boundaries of the City of Charlotte for use in National, State, and county elections, general, primary, and special, except in those instances in which, by provision of law, special registration may be required.

Subchapter B. Registration.

Section 2.21. Registration Under County Board of Elections. In all municipal elections, primary, regular, and special, the registration of voters shall be conducted exclusively under the supervision of the Mecklenburg County Board of Elections and the same shall be held and conducted in all respects under and according to the laws governing the registration and qualification of voters in county and State elections as now or hereafter provided.

Section 2.22. Additional Names During Registration Period. In all municipal elections, primary, regular, and special, persons registered under the provisions of Section 2.21 shall be entitled to vote unless, under requirements of statutes governing the conduct of special elections, a special registration shall be required, in which event, only those persons registered in such special registration shall be entitled to vote in said special election or elections.

Subchapter C. Primary Elections.

Section 2.41. Time of Primary. The primary election for nominations for mayor and councilmen shall be held on the second Monday preceding all regular city elections.

Section 2.42. Notice of Candidacy Required. Any elector of the City of Charlotte desiring to become a candidate for nomination in the primary for the office of mayor or councilman shall, not earlier than seventy days and not later than 12:00 o'clock Noon on the 10th day prior to the primary election, file with the County Board of Elections notice of such candidacy in writing and in form substantially as follows:

"State of North Carolina

County of Mecklenburg

I, ______________________________, being a duly qualified elector of the City of Charlotte, do hereby give notice that I reside at ____________________, in Precinct No. _________, of the City of Charlotte; that I am a candidate for nomination to the office of _____________________ to be voted upon at the primary election to be held on the ________ day of _____________________, 19____, and I request that my name be printed upon the official ballots for the nomination and election for such office.

(Signed)________________________________________"

At the time of filing said notice, each candidate for the office of councilman and each candidate for the office of mayor shall pay to the County Board of Elections a filing fee which shall be one per cent (1%) of the total salary for a two-year term. All filing fees paid shall be turned over to the City Treasury.

Section 2.43. Publication of Names of Candidates. Upon the day following the expiration of the time for filing notice of candidacy, the Chairman of the County Board of Elections shall cause to be published for three successive days in a daily newspaper of general circulation in the City of Charlotte the names of the persons to appear on the primary ballot in the same order in which such persons filed their notice of candidacy.

Section 2.44. Primary Election Ballots. The Chairman of the County Board of Elections shall thereupon cause the primary ballots to be printed, authenticated with a facsimile of his signature. Upon the ballot names of the candidates for mayor shall be placed, with a square at the left of each name, and immediately above, the words "Vote for One." Following thereunder, the names of the candidates for the office of councilman shall be placed, with a square at the left of each. Above the names of the candidates for councilman shall be printed the instruction to "Vote For Not More Than Seven." If a voter shall vote for more than seven candidates, such ballot shall not be counted by the election officials in ascertaining the result of such election. The ballots shall be printed upon plain white paper and shall be headed: "Candidates for Nomination for Mayor and Councilmen." The primary ballot shall contain no party designation or mark whatever as to any of the candidates and shall provide that no voter may vote for more candidates than the respective offices to be filled and if such provision is violated on any ballot such ballot shall not be counted. Write-in votes shall not be counted in city primary elections.

Section 2.45. Names on Ballots Rotated. In both the primary and regular elections the ballots containing the names of the respective candidates shall be so printed that the names of the opposing candidates for any office shall, as far as practicable, alternate in position upon the ballot, to the end that the name of each candidate shall occupy with reference to the name of every other candidate for the same office, first position, second position and every other position, if any, upon an equal number of ballots, and the said ballots shall be distributed impartially and without discrimination.

Section 2.46. Delivery of Ballots. The County Board of Elections shall cause to be delivered to each precinct registrar not later than the last Saturday before the primary election a sufficient number of ballots to supply the voters of the precinct.

Section 2.47. Electors; Qualification and Challenge. The electors who are qualified to vote at the succeeding regular election shall be qualified to vote at such primary and shall be subject to challenge made by any elector of the city, in the manner now or hereafter provided by law for any general county election.

Section 2.48. Nominees. In the city primary, the two persons receiving the highest number of votes for mayor, and the fourteen persons receiving the highest number of votes for councilman shall be declared nominees for said respective offices. Provided, that if not more than the number of candidates for the nominations for each office have filed for such office, their names shall not appear on the primary ballot, but they shall be declared to be the nominees for the offices for which they have filed. The nominees for the offices of mayor and councilman shall be the only nominees who shall be entitled to have their names placed upon the ballot for the next succeeding regular city election. If, as a result of receiving tie votes in the primary election, more persons appear to be entitled to be nominated than there can be nominees, then the County Board of Elections shall by a drawing of lots declare which of the persons tied shall become the nominee or nominees.

Section 2.49. Death or Disqualification; Effect on Ballot. In the event of death, disqualification, or withdrawal of a nominee prior to the printing of ballots for the regular election, the name of the candidate receiving the next highest number of votes below the number sufficient for nomination shall be placed upon the ballot for the regular election and such person shall become a nominee. This procedure may be repeated as many times as may be necessary to result in the number of nominees hereinbefore required for the ballots for the regular election.

Subchapter D. Regular Elections.

Section 2.61. Regular Election Ballots. The names of the candidates nominated as herein set forth for mayor and for councilman, shall be placed upon the official ballot for the following regular city election. The County Board of Elections shall cause the ballots to be printed and they shall be headed: "Nominees for Mayor and Councilman." There shall be no party mark or designation whatever upon said ballots as to any of the nominees, and said ballot shall provide that no voter shall vote for more candidates than the respective offices to be filled, and if this provision is violated on any ballot such ballot shall not be counted.

Section 2.62. Delivery of Ballots. The County Board of Elections shall cause to be delivered to each precinct registrar not later than the day before the regular election a sufficient number of ballots to supply the voters of the precinct.

Section 2.63. Nominees Elected. The nominee receiving the highest number of votes for mayor; and the seven nominees receiving the highest number of votes for councilmen, as shown by the canvass by the County Board of Elections, shall be declared elected and shall be certified as herein provided. If, as a result of receiving tie votes, there appear to be elected more candidates than there are offices to be filled, the County Board of Elections shall by a drawing of lots declare which candidate or candidates shall be elected.

Subchapter E. Post-Election Procedures.

Section 2.81. Registrars and Judges. Immediately upon the closing of the polls in all primaries and elections, the registrars and judges in each precinct shall count the ballots and ascertain the number of votes cast in such precinct for each of the candidates. If the County Board of Elections shall deem it necessary, it may appoint special counters to assist the registrars and judges in counting the ballots cast in any precinct; such special counters before acting shall be sworn by a member of the County Board of Elections or by the registrar of the precinct to perform their duties honestly and properly. When the results of the counting of the ballots have been ascertained, such results shall be embodied in duplicate statements to be prepared by the respective registrars and judges on forms provided by the County Board of Elections and certified to by said officers. One of the statements of the voting in the precinct shall be placed in a sealed envelope and delivered to the registrar or judge selected by them for the purpose of delivering the same to the County Board of Elections at its meeting held for the purpose of canvassing the votes cast. The other duplicate statement shall be mailed by one of the other precinct election officers to the Chairman of the County Board of Elections immediately.

Section 2.82. County Board of Elections. On the third day next after any city primary or election at 10:00 o'clock A. M. of that day, the County Board of Elections shall meet at the Courthouse of Mecklenburg County for the purpose of canvassing the votes cast therein and the preparation of the abstracts thereof. Any registrar or judge appointed to deliver the certified precinct returns who shall fail to deliver such returns at the meeting of the County Board of Elections at the time prescribed shall be guilty of a misdemeanor unless for illness or good cause shown for such failure. In the event any precinct returns have not been received by the Board by the time herein provided or if any returns are incomplete or defective, the Board shall have authority to dispatch an officer to the residence of the precinct officials failing to deliver them for the purpose of securing the proper returns for such precinct. The Board at the meeting provided for herein, in the presence of such electors as choose to attend, shall open the returns and canvass and judicially determine the results of the voting in such primary or election, stating the number of legal ballots cast in each precinct for each candidate, the name of each person voted for and the number of votes given to each person for each different office. The Board shall make and sign duplicate abstracts thereof and the Chairman shall sign an affidavit on each of said duplicate abstracts of the returns of the city primary or election that they are true and correct. At or before 9:00 o'clock A. M. on the fourth day after such primary or election the Board shall file one set of the duplicate returns of the registrars and judges and one of the duplicate abstracts of the Board with the Clerk of the City of Charlotte. Not later than the fifth day after the said city primary or election the Board shall make and publish in some newspaper of general circulation in the City of Charlotte at least once the returns of the primary or election and also post written notice of such results in the Courthouse of Mecklenburg County, North Carolina, at the place where notices are usually posted, and in the City Hall of Charlotte, North Carolina, at the place where notices are usually posted.

Subchapter F. Other Elections.

ARTICLE I. SPECIAL ELECTIONS.

Section 2.101. Manner of Special Elections. All special, special bond, or special tax elections shall be held exclusively under the supervision of the County Board of Elections in the manner provided by law for general State and county elections and the registration therefor, whether regular or special, shall be conducted by the County Board of Elections with the same registrars, judges, and polling places and at the same times provided in the case of general State and county elections. All special, special bond, and special tax elections shall in all other respects be governed by the General Statutes and laws of the State of North Carolina applying to such special, special bond or special tax elections, notwithstanding the provisions in any special Act heretofore enacted.

CHAPTER III

MAYOR AND COUNCIL

Subchapter A. Council: Composition, Terms, Qualifications and Compensation.

Section 3.01. Composition of the City Council; Terms. The City Council shall consist of seven members who shall be elected at large by and from the qualified voters of the City of Charlotte for two-year terms, beginning the day and hour of the organizational meeting of the Council, but members shall continue to serve until their successors are elected and qualified.

Section 3.02. Qualifications; Vacancies. No person shall be eligible to be nominated or elected to the City Council, or to serve thereon, unless he is a qualified voter and actual resident of the City of Charlotte. If any elected councilman shall refuse to be qualified, or if there is a vacancy in the office of councilman after election and qualification, the Council shall fill such vacancy by appointment of some qualified voter for the unexpired term and councilmen so elected shall have the same power and authority as regularly elected councilmen.

Section 3.03. Compensation. The salary of each councilman shall be eighteen hundred dollars ($1800.00) per year, payable monthly.

Subchapter B. Council: Organization and Procedures.

Section 3.21. Organizational Meeting. The City Council elected as herein provided shall meet at 10:00 o'clock in the forenoon on second Monday after the regular municipal election, and the mayor and members of the City Council whose term of office then begin shall severally make oath before the City Clerk, or Mayor of the City of Charlotte, or any officer qualified to administer oaths to perform faithfully the duties of their respective offices. The City Council shall thereupon elect from its members a mayor pro tempore who shall hold his office during the pleasure of the Council. The organization of the City Council shall take place as aforesaid notwithstanding the absence, death or refusal of one or more of the members to serve; provided, that at least a majority of the persons entitled to be members of the City Council is present and makes oath as aforesaid. Any member entitled to make the aforesaid oath who was not present at the time fixed therefor may make oath at any time thereafter.

Section 3.22. Regular and Special Meetings. The City Council shall fix suitable times for its regular meetings. The mayor, or in the absence of the mayor, the mayor pro tempore, or a majority of the members of the City Council may at any time call a special meeting by causing a written notice, stating the business to be transacted and the time and place of holding such meeting and signed by the person or persons calling the same, to be delivered in hand to each member or to be left at his usual dwelling or place of business at least six hours before the time of such meetings. Only the business stated in the written notice may be transacted at a special meeting so called, except when the mayor and all members of the Council are present and consent to the transaction of other business. Meetings of the City Council may also be held at any time when the mayor and all members of the Council are present and consent thereto.

Section 3.23. Quorum; Procedure; Voting.

(a)       A majority of the members of the City Council shall constitute a quorum. No member shall be excused from voting except upon matters involving the consideration of his own official conduct or involving his financial interest. In all other cases a failure to vote by a member who is present or who, having been present, has withdrawn from the meeting without being excused by the City Council, shall be deemed an affirmative vote and shall be so recorded. A member who has withdrawn from a meeting, whether excused or not excused, shall be counted as present for purposes of determining a quorum.

(b)       Its meetings 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 case of a tie. Four affirmative votes of the council members, or three of such affirmative votes, together with the affirmative vote of the mayor, in case of a tie vote, shall be required for the passage of any motion, resolution or ordinance. Motions, resolutions and ordinances granting special franchises and special privileges must be voted on and passed at not less than two regular meetings of the City Council. Except as above required, motions, resolutions and ordinances will be deemed adopted if passed upon one reading. In the absence of the mayor, the mayor pro tempore shall preside and shall only vote when so presiding as herein provided for the mayor, and in the absence of both, a chairman pro tempore shall be chosen to preside at such meeting, and, when so presiding, he shall have the right to vote upon all questions, but shall have no additional vote in case of a tie. All final votes of the City Council involving the expenditure of one thousand dollars ($1,000.00) or more shall be by yeas and nays and shall be entered upon the records.

(c)       The City Clerk shall be Clerk of the City Council and shall keep records of its meetings. The City Council may elect an assistant clerk who shall be sworn to the faithful discharge of his or her duties and may act as Clerk of the City Council in the absence of the City Clerk.

Section 3.24. Continuance of Public Hearings. If a public hearing is set for a given date, and a quorum is not then present, the hearing shall be continued until the next regular council meeting without further advertising. The council may continue any public hearing without further advertisement.

Section 3.25. Power of Investigation. The City Council shall have the power to make investigation as to city affairs, and for that purpose to 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 or Vice Recorder of said city. Upon failure to give satisfactory explanation of such refusal or failure he shall be guilty of a misdemeanor and shall be punished by a fine or imprisonment in the discretion of the court. Any person who shall give false testimony under oath at any such investigation shall be liable to prosecution for perjury.

Subchapter C. Council: Powers and Duties.

Section 3.41. Powers of City Council.

(a)       All the legislative powers of the city shall be vested in the City Council.

(b)       In addition to other powers conferred by law, the City Council may adopt and provide for the execution of such ordinances, rules, and regulations not inconsistent with this charter, as may be necessary or appropriate for the preservation and promotion of the health, comfort, convenience, good order, better government, and general welfare of the city and its inhabitants, and may prescribe rules governing its procedures not in conflict with this charter.

Subchapter D. Mayor.

Section 3.61. Qualifications; Term; Vacancy. No person shall be eligible to be nominated or elected to the office of mayor, or to serve thereas, unless he is a qualified voter and actual resident of the City of Charlotte. The mayor shall be elected at large by and from the qualified voters of the City of Charlotte for a two-year term beginning the day and hour of the organizational meeting of the City Council but the incumbent shall continue to serve until his successor is elected and qualified. If any elected mayor shall refuse to be qualified, or if there is a vacancy in the office of mayor after election and qualification, the Council shall fill such vacancy by appointment of some qualified voter for the unexpired term and a mayor so selected shall have the same power and authority as a regularly elected mayor.

Section 3.62. Powers and Duties.

(a)       The mayor shall be the chief executive officer of the city and shall be active in enforcing the laws of the city and shall have power to appoint special policemen 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 appoint special firemen in the case of an emergency. In addition to these duties, he shall be vested with the following powers and obligations:

(b)       The mayor shall sign all written contracts or obligations of the city and no contract of the city required to be in writing shall be binding upon the city until signed by the mayor. He shall have authority to administer oaths in any transaction or proceedings connected with the city government and all official oaths of the councilmen, commissioners, chief of policemen, chief of fire department, or firemen, or other officers of said city may be administered by the mayor.

(c)       The mayor shall have authority to require any official heads of departments of the city to exhibit his official books and papers, and the refusal of any officer, when so required, shall be deemed a forfeiture and the abandonment of said office. 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 or any charges against any officers or employee of the city, he shall have the power to administer oaths, subpoena and compel the attendance of witnesses and the production of books and papers.

(d)       The mayor shall, from time to time, give the City Council information about the condition of the city affairs and recommend for consideration such measures as he deems best for the city.

(e)       The mayor shall, whenever he deems it necessary, require the members 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.

(f)        The mayor shall be ex-officio member of all boards or commissions elected or appointed by the City Council or the mayor, and he shall serve upon the same in an advisory capacity only and shall not have a vote.

(g)       In the absence or incapacity of the mayor, all his duties, powers and obligations shall be vested in the mayor pro tempore.

Section 3.63. Compensation. The mayor shall receive for his services a salary of five thousand dollars ($5,000.00) per year, payable in such equal installments as the council may direct.

CHAPTER IV

ADMINISTRATION

Subchapter A. In General.

Section 4.01. Organization. The City Council may by ordinance create, combine, consolidate, and abolish such offices, positions, and departments as it may from time to time deem best for the operation of the city government, except as may be otherwise provided by this charter and by the applicable general laws of the State. All offices, positions and departments, as the same may exist from time to time, shall be under the general supervision and direction of the City Manager.

Subchapter B. City Manager.

Section 4.21. Appointment and Duties. The City Council shall appoint a City Manager who shall be the administrative head of the city government and 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. He shall hold office during the pleasure of the City Council and shall receive such compensation as it shall fix by ordinance.

The City Manager shall: (1) see that within the city the laws of the State and the ordinances, resolutions, and regulations of the City Council are faithfully executed; (2) attend, at the request of the council, all meetings of the council and recommend for adoption such measures as he may deem expedient; (3) make reports to the council from time to time upon the affairs of the city and keep the council fully advised of the city's financial condition and its future financial needs; (4) appoint and remove all department heads and employees of the city except those herein provided to be appointed by the City Council, but the City Manager shall report every such appointment and removal to the council at the next meeting thereof following any such appointment or removal.

Section 4.22. Appointments by City Council. The City Council shall appoint the City Clerk, City Attorney, Fire Chief and Police Chief, each of whom shall hold office during the pleasure of the City Council; provided, no person shall be appointed Fire Chief who has not been a member of the fire department for a period of at least two years immediately prior to such appointment.

Section 4.23. Council-Manager Relationship. The City Council shall hold the City Manager responsible for the proper management of the affairs of the city and he shall keep the City Council informed of the conditions and needs of the city, and shall make such reports and recommendations as may be requested by the City Council or as he may deem necessary. Neither the mayor, the City Council nor any member thereof shall direct the conduct or activities of any city employee, directly or indirectly, except through the City Manager.

Section 4.24. Acting City Manager. The City Council may from time to time designate a department head or other city employee as Acting City Manager who shall have the authority, during any absence, illness, or other disability of the City Manager, or during any temporary vacancy in the office of the City Manager, to exercise such powers and duties of the City Manager as the City Council may prescribe.

Subchapter C. Personnel Administration.

Section 4.41. Standards. The City Council shall establish by appropriate ordinances a system of personnel administration, not inconsistent with the provisions for Civil Service hereinafter set forth, governing the appointment, promotion, transfer, lay-off, removal, discipline and welfare of city employees. Such ordinances shall be based upon the following general standards:

(1)       Employment shall be based on merit without regard to race, creed, color, or political affiliation.

(2)       Conditions of employment shall be maintained to promote efficiency and economy in the operation of the city government.

(3)       Position classification and compensation plans shall be established and revised from time to time to meet changing conditions.

(4)       Appointments and promotions shall be made solely on the basis of merit and fitness, demonstrated by examination or other evidence of competence.

(5)       Tenure of employment shall be subject to satisfactory performance of work, personal conduct compatible with the trust inherent in public service, necessity for the performance of work, and availability of funds.

(6)       Such ordinances shall also prescribe the details of personnel organization and procedures.

Section 4.42. Employee Benefits. The City Council is hereby authorized to provide for employee benefits, and to appropriate funds therefor, in keeping with generally accepted personnel practices of public and private employers within North Carolina. Such benefits may include, by way of illustration and not in limitation, group insurance benefits in amounts based upon rate of pay or other reasonable classification, sick leave benefits, leaves of absence with or without pay, awards for length of service and employee-suggestion awards. Premiums for group insurance benefits may be paid by the City of Charlotte, by the city and employee jointly, or by the employee, provided that premiums for dependents coverage shall be paid by the employee.

Subchapter D. Civil Service.

Section 4.61. There is hereby created a Civil Service Board for the City of Charlotte, to consist of three members, to be appointed by the City Council. The members of said board shall be the ones now serving under the provisions of Chapter 124 of the Private Laws of 1929, as amended, and their terms of office shall expire as provided in said Act; and at the end of each municipal year the city shall appoint a member of said board to serve for a term of three years. In case of a vacancy in the Civil Service Board the City Council shall fill such vacancy for the unexpired term of said member. A majority of said board shall constitute a quorum.

(1)       The members of the Civil Service Board shall be electors of the City of Charlotte and shall take an oath to faithfully perform their duties. The members of said board shall be subject to removal from office by a two-thirds vote of the City Council, with or without cause.

(2)       Said board shall establish and fix requirements for applicants for employment in the fire and police departments and all applicants shall be subjected to examination by or at the direction of the board, which shall be competitive and free to all persons meeting the requirements of the board subject to reasonable limitations as to residence, age, health and moral character; provided, (a) that applicants for employment in the fire department shall be at least 21 years of age and shall not have attained their 30th birthday, and (b) that applicants for employment in the police department shall be at least 21 years of age and shall not have attained their 35th birthday; provided further, that the City Council may, by ordinance, at any time and from time to time, fix and establish such lesser maximum age limits for applicants as may be consistent with the needs of the respective departments. The examination for applicants shall be practical in character and shall be limited to matters which fairly test the relative ability of the applicant to discharge the duties of the position applied for, and shall include tests of physical qualifications and health, but no applicant shall be examined concerning his political or religious opinions or affiliations.

(3)       Notice of the time and place of every examination shall be given by the board for one week preceding such examination in a newspaper published in the city, and such notice shall be posted in a conspicuous place in the office of said board for at least two weeks preceding such examination.

(4)       Said board shall prepare and keep a register of persons passing said examination graded according to their respective showings upon said examinations, which register shall determine the appointments to be made in each of said departments under the eligibility rules and regulations established by said board.

(5)       No officer or employee of the Fire and Police Departments shall take any part in any election or political function other than that of exercising his right to vote, and any officer or employee convicted of violating this provision by the Civil Service Board shall be dismissed from service from said department by this board.

(6)       No officer or employee of the Fire or Police Department of the City of Charlotte shall be dismissed, removed, or discharged except for cause, upon written complaint, signed by the chief of either the Fire or Police Department in which said officer or employee is employed making said complaint and until after the said officer or employee has been given an opportunity to be heard by the Civil Service Board in his own defense, and in the event such officer or employee is convicted of violating the rules and regulations of the respective department, said board may discharge said employee or officer from the service, or may suspend said officer or employee without pay for a period not to exceed ninety (90) days, or may suspend the imposition or execution of a decision to discharge or to suspend without pay and place said officer or employee on probation for a period not to exceed one year upon such reasonable conditions as the board may deem appropriate, or may find said officer or employee not guilty. In the conduct of said investigations, each member of said board shall have full power and authority to secure by subpoena both the attendance and testimony of witnesses and the production of books and papers relative to such investigations.

The chief of either the Fire or Police Department, in addition to the above, hereby has the authority to suspend and cite to the Civil Service Board for trial any officer or employee of their respective departments violating any rule or rules or regulations of such department, and said Civil Service Board shall hold a hearing not more than fifteen (15) days nor earlier than ten (10) days from the date of suspension unless an earlier date is requested in writing by the officer or employee who is suspended and cited, and approved by the Chairman of the Civil Service Board.

The chief of either the Fire or Police Department may suspend without pay for a period of time not exceeding thirty (30) days any officer or employee in the Fire or Police Department under said chief's supervision for violating any rules or regulations that are adopted and are in full force and effect pertaining to said Fire or Police Department; provided, however, that if any officer or employee so suspended wishes, he may appeal from the order of the chief of the Fire or Police Department to the Civil Service Board by giving written notice of appeal to said board with a copy to the chief of the Fire or Police Department within five (5) days from the issuance of said order; provided further, that if the officer or employee suspended by the chief of the Fire or Police Department does not appeal to the Civil Service Board within the time prescribed herein, and the chief of the Fire or Police Department does not cite said officer or employee to appear before the Civil Service Board, then at the expiration of the thirty (30) days' suspension, or at the expiration of the number of days the officer or employee is suspended by the chief of the Fire or Police Department, the officer or employee shall be reinstated at the expiration of the suspension. And provided further, such officer or employee shall receive no pay during the period of suspension if found guilty at the time of the hearing, but if said officer or employee is found not guilty or the said charges dismissed, then and in that event the said officer or employee shall be fully reinstated and reimbursed for any loss of time he has sustained by reason of said suspension.

If said officer or employee shall be found guilty by said board and punished by said board as herein provided, said officer or employee may take an appeal from the order or decree of said board to the Superior Court of Mecklenburg County and the trial upon said appeal shall be governed by the provisions of Article 33, Chapter 143 of the General Statutes of North Carolina, pertaining to Judicial Review of Decisions of Certain Administrative Agencies.

(7)       The board shall make an annual report of its actions for the preceding year and said annual report shall be kept in the files of said board and a copy delivered to the City Council.

(8)       The City Clerk shall act as secretary to the Civil Service Board and shall keep the minutes of its meetings and shall be custodian of all papers and records pertaining to the business of said board and shall keep a record of all examinations held and shall perform such other duties as the board may require.

(9)       The City Council shall provide suitable rooms for the Civil Service Board and shall provide sufficient reasonable use of public buildings for holding examinations of said board as may be necessary.

(10)     The members of said Civil Service Board shall serve without compensation.

(11)     Nothing in this subchapter shall be so construed as to deprive the City Council of its control of the finances of said city.

(12)     The provisions of this subchapter pertaining to Civil Service coverage of officers and employees of the Fire and Police Departments shall not apply to the chief of the Fire Department or the chief of the Police Department, and shall not apply to a member of the Police or Fire Department until he has been a member of his respective department for at least twelve months, and during such twelve months probationary or trial period he shall be subject to discharge by the chief of such department under rules promulgated with respect thereto, such rules to be approved by the City Council as aforesaid.

(13)     The chief of the Police Department and the chief of the Fire Department shall have authority to make all promotions of members of their respective departments, subject to majority approval of the Civil Service Board. All demotions shall be made only after written charges preferred and a hearing before the Civil Service Board, which must approve by majority vote.

(14)     Notwithstanding any other provisions of this subchapter, during any war-time emergency and for six months thereafter, members of the Fire Department and Police Department may be employed on a temporary basis and such temporarily employed members may be discharged by the City Manager without the preferment of charges.

(15)     The City Council may authorize the City Manager to appoint auxiliary members of the Fire and Police Departments without previous examinations by the Civil Service Board, who, when called to duty by the chiefs of their respective departments, shall have all the powers and duties of regular members of the Police and Fire Departments. Such auxiliary members of the said departments shall be subject to discharge by the City Manager, with or without cause, and without a hearing before the Civil Service Board.

CHAPTER V

AUTHORITIES, BOARDS AND COMMISSIONS

Subchapter A. In General.

Section 5.01. Powers of City Council.

(a)       In addition to any authorities, boards or commissions now or hereafter created and established by or pursuant to General Statutes of North Carolina, Special Acts of the General Assembly, or this charter, the City Council is hereby vested with power to create and establish, by ordinance or resolution, such other authorities, boards and commissions as it may deem necessary or appropriate to the administration, regulation, and operation of services, activities, and functions which the city is authorized by law to perform, regulate, and carry on.

(b)       Any authority, board, commission, or other agency to which the mayor or City Council appoints members or appropriates money is hereby required to furnish to the mayor and City Council, upon request, such information as the mayor and City Council may deem relevant to the affairs of any such authority, board, commission, or other agency. The duty to provide such information is mandatory and may be enforced by an action for mandamus in the Superior Court of Mecklenburg County.

(c)       That all appointments of persons to boards, commissions, authorities and heads of various departments of the City of Charlotte, however established, appointed after September 1, 1965 by the City Manager or by the City Council be residents or become residents of the City of Charlotte within sixty days after such appointment, provided however that joint city and county boards, commissions and authorities are exempt from this provision.

Subchapter B. Auditorium-Coliseum Authority.

Section 5.21. Continuation. The control of the management and operation of the property and improvements now or hereafter made or acquired by the City of Charlotte for auditorium-coliseum purposes shall continue to be vested in the Authority now known and to be known as the Auditorium-Coliseum Authority. The Authority shall continue to be composed of five members who shall be appointed by the City Council, provided, the incumbents at the time of enactment of this charter shall continue to serve for the remainder of the unexpired terms for which they were respectively appointed. Thereafter, at the end of each term, one member thereof shall be appointed by the City Council each year for a term of five years. In case any vacancy shall be created on said Authority, the City Council shall appoint a member to fill the unexpired term. The members of the Authority shall receive no compensation.

Section 5.22. Officers and Funds. The members of the Authority shall elect annually from their body a chairman, vice chairman and a secretary and otherwise provide for the efficient administration of its affairs; provided, however, the Treasurer of the City of Charlotte shall by virtue of his office be also the Treasurer of the Authority, and he shall serve as such Treasurer without additional compensation. All funds of the Authority shall be kept by its Treasurer in a separate bank account or accounts from other funds of the City of Charlotte, and shall be paid out only in accordance with procedures established by such Authority. The net proceeds from the operation of the Authority shall be used to pay the interest and retirement on the bonded debt of the City of Charlotte incurred in connection with such auditorium-coliseum, and shall not be used for any other purpose until said bonds, principal and interest have been paid, except as may be otherwise approved by the City Council for other uses of the Authority. Quarterly operating statements of the Authority and an annual audited statement shall be presented to the City Council.

Section 5.23. Powers and Duties. The Authority shall operate the auditorium-coliseum in a proper, efficient, economical, and businesslike manner, to the end that such properties and facilities may effectively serve the public needs for which they were established at the least cost and expense to the City of Charlotte. The Authority shall appoint a manager of such auditorium-coliseum properties, whose salary shall be fixed by the Authority. Such manager shall, in addition to other duties imposed upon him by the Authority, be responsible for the collection of rents or fees for the use of the properties and facilities of the Authority. The Authority shall select such other personnel as it deems advisable to properly operate such properties. The Authority shall have full and complete control of such auditorium-coliseum properties and facilities; shall make all reasonable rules and regulations as it deems necessary for the proper operation and maintenance of such properties and facilities; may expend funds of the Authority for the advertising and promotion of the use of the properties and facilities; may establish and collect rents and fees for the use of the properties and facilities; and may sponsor and promote shows, events, games and activities involving the use of the properties and facilities and make reasonable charges therefor.

Subchapter C. Charlotte Park and Recreation Commission.

Section 5.41. Corporation Continued. The Charlotte Park and Recreation Commission, hereinafter referred to as the "Commission" or the "Corporation", a corporation heretofore created and existing, is hereby continued as a body corporate by the same name and by that name may sue and be sued; may have a common seal; may contract for the purposes provided herein, and may make such rules, regulations and bylaws for its government and the exercise of its powers as may be necessary, and may alter the same from time to time in such manner as may not be in conflict with the laws of North Carolina, or the ordinances of the City of Charlotte.

Section 5.42. Membership; Terms. The Commission shall be composed of seven members, citizens and residents of the City of Charlotte, to be appointed by the City Council. The Commission shall have power to prescribe reasonable rules and regulations for its proper organization and procedure. The incumbent members at the time of enactment of this charter shall continue to serve for the remainder of the unexpired terms for which they were respectively appointed. Thereafter, terms of office of all commissioners expiring shall be filled by appointment for terms of five years beginning with the year in which such commissioner is appointed. Vacancies occurring on the Commission by reason of death, resignation, termination of residency in the City of Charlotte, or otherwise, shall be filled by appointment by the City Council for the unexpired terms.

Section 5.43. Officers and Employees. The officers of the corporation shall be a chairman, a vice chairman, secretary, and treasurer. The Treasurer of the City of Charlotte shall, by virtue of his office, be also treasurer of the Commission, and he shall serve as such treasurer without additional compensation. All of the said officers shall be elected annually at the first meeting of the corporation each year and shall hold their offices for a period of one year and until their successors are duly elected and qualified. The members of the corporation shall receive no compensation. The corporation may employ a superintendent and such other employees and servants as may be necessary to carry out the purpose of this subchapter.

Section 5.44. Management of Funds; Quorum. The members of the corporation shall elect from their body the necessary officers for the efficient management and operation of the corporation and all funds coming into said corporation shall be held by the treasurer, who shall pay out said funds on vouchers approved by the Commission. At all meetings of the corporation a majority of its members shall constitute a quorum.

Section 5.45. Powers and Duties. The general control, management and authority over all land now or hereafter designated by the City of Charlotte as parks or playgrounds, and over all lands now or hereafter owned by the Commission, be and the same are vested in the Commission. The powers, purposes and duties of the Commission shall be:

(1)       To acquire, by purchase, gift, lease or otherwise, and to use, lay out, improve and maintain parks, playgrounds and other recreational facilities, within or without the City of Charlotte, in the interest of the citizens of Charlotte.

(2)       To provide for such parks, playgrounds and other recreational facilities, such equipment for recreation, play and entertainment as may be deemed appropriate.

(3)       To sponsor and promote shows, events, games and activities involving the use of the property and facilities under the jurisdiction of the Commission and to make reasonable charges therefor and to provide for the collection of such rentals or fees for the use of such property and facilities as may be reasonable and proper.

(4)       To purchase, with the consent of the City Council, for cash or upon deferred payments, property within or without the city limits, and secure the payment of the note or notes executed in connection therewith by the corporation, evidencing such deferred payments, by mortgages or deeds of trust on the property so purchased; provided, that the property so purchased shall be the sole security for the payment of such note or notes, and the same shall not in any wise be a charge upon the credit of the City of Charlotte or of the Charlotte Park and Recreation Commission.

Section 5.46. Sale and Disposal of Property.

(a)       The corporation shall have the power to sell any and all personal property belonging to the corporation at private sale when, in the judgment of the corporation, any such personal property is no longer needed or suitable for the purposes of the corporation.

(b)       The corporation shall have the power, by and with the written consent of the City of Charlotte, to sell, or exchange for other real property of substantially similar value, any and all real property to which the corporation holds title in its own name, when in the judgment of the corporation, any such real property is no longer needed or suitable for the purposes of the corporation, or when such sale is deemed to be in the public interest.

(c)       Any real property owned by the City of Charlotte and used for the purposes of the corporation or over which the corporation has the general control, management and authority, may be sold, or exchanged for other real property of substantially similar value, by the city only upon the written request of the corporation, when in the judgment of the corporation, any such real property is no longer needed or suitable for the purposes of the corporation, or when such sale is deemed to be in the public interest, and the proceeds of any such sale, after expenses, shall be paid over to the corporation.

(d)       Any real property owned jointly by the City of Charlotte and the corporation and used for the purposes of the corporation or over which the corporation has the general control, management and authority, may be sold, or exchanged for other real property of substantially similar value, by the corporation and the city, acting jointly, when in the judgment of the corporation and the city, such real property is no longer needed or suitable for the purposes of the corporation, or when such sale is deemed to be in the public interest, and the proceeds of any such sale, after expenses, shall be paid over to the corporation.

(e)       Sales of real property made pursuant to this Section shall be made in accordance with the procedures governing the sale of real property by the City of Charlotte at the time of any such sale. Exchanges of real property of substantially similar value may be made by private sale without regard to the procedures governing the sale of real property.

Section 5.47. Cooperation of Governmental Agencies. The Commission and its successors, the Charlotte-Mecklenburg Board of Education and its successors, hereinafter called "Board", and other governmental agencies of Mecklenburg County and the City of Charlotte, hereinafter called "other agencies", are hereby specifically authorized and empowered to cooperate in the furtherance of joint projects involving the use of property and facilities belonging to or held by the Commission, the Board, other agencies, or any of them, for recreation purposes. Such cooperation among the various parties may extend to the expenditure of funds, furnishing of facilities including the use of land and water, and sharing in the expenses connected with joint projects, all in the interest of more adequate recreational facilities for the residents of the City of Charlotte and Mecklenburg County. In connection with such joint projects, the board and other agencies are hereby specifically authorized to:

(1)       Allow the use of their facilities for recreational purposes without requiring any bond to indemnify the board or other agencies against damages thereto;

(2)       Lease their land or facilities to the Commission for such terms as they may determine and to reimburse the Commission for improvements placed upon the land upon the termination of the lease even though such termination may occur more than one year after the date of the lease;

(3)       Share with the Commission in the expense of repairs, completed projects, buildings or structures on property owned by the board or other agencies and accomplished by or through the duly elected officers or agents of the Commission, where the same fall within the provisions of G. S. 143-135; and

(4)       Generally to make contracts with the Commission providing for the payment of money or the fulfillment of obligations not authorized in the budgets of the board or other agencies irrespective of the provisions of G. S. 115-48, 115-52, or any other statute.

No action taken by the board or other agencies pursuant to the provisions of this Section shall result in the personal liability, civil or criminal, of any member of the board or authorizing body of any other agency.

Section 5.48. Advance of Funds. The Commission is hereby prohibited from borrowing money from any source whatever, but the City Council in its discretion may advance and loan to the Commission in anticipation of uncollected taxes, such sums not exceeding in the aggregate at any time the total amount of taxes theretofore levied for the aforesaid purposes and then remaining uncollected, and in the event of such advancements in anticipation of uncollected taxes the City of Charlotte shall have a lien upon such uncollected taxes for the amount of such advances and shall reimburse itself for such amounts out of such taxes as and when collected.

Section 5.49. Tax Levy; Nontax Funds. The City Council, at the time of levying its taxes for the general operation of the city, may levy a tax for the maintenance and support of the Commission in an amount not to exceed that which is approved from time to time by a vote of the people of the city, and shall pay same over to the Commission as collected by the city, in monthly payments. The City Council may also, in its discretion from time to time, pay over to the Commission such amounts as may be appropriated from revenues of the city received from sources other than taxes levied and collected by or on behalf of the city.

Subchapter D. Boxing and Wrestling Commission.

Section 5.61. Commission; Appointment; Terms; Removal. The mayor of the City of Charlotte is hereby empowered and authorized to appoint a Boxing and Wrestling Commission, to consist of three citizens, who shall serve for a period not to exceed that of the mayor appointing said commissioners and who shall serve without compensation. Any commissioner may be removed at any time with or without cause by a two-thirds vote of the City Council.

Section 5.62. Power and Authority. It shall be lawful to engage in, manage or promote boxing and wrestling exhibitions in the City of Charlotte, North Carolina, provided that the boxing exhibitions shall not be more than fifteen rounds in length. The Boxing and Wrestling Commission shall have full power and authority to make such rules and regulations as in its judgment and discretion may be necessary for the proper regulation of such boxing and wrestling exhibitions, even after consent has been given for the holding of such exhibitions.

Section 5.63. Penalties for Violation. Any person or persons guilty of engaging or promoting, aiding or abetting any professional sparring or wrestling matches without first having the written consent of said Boxing and Wrestling Commission, and any person or persons violating the rules and regulations of said commission, or refusing to obey the orders of said commission controlling a sparring or wrestling match shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not less than ten days nor more than one month in the discretion of the court.

Section 5.64. License Fees; Proceeds. The commission is hereby authorized to fix and collect a uniform license fee in an amount not to exceed five per cent (5%) of the gross proceeds from ticket sales for each boxing or wrestling exhibition staged in accordance with this Subchapter. The commission shall, at least annually, pay over to the Charlotte Park and Recreation Commission all proceeds remaining after payment of normal and necessary operating expenses of the commission.

CHAPTER VI

REGULATORY AND PLANNING FUNCTIONS

Subchapter A. Supplemental Powers of Regulation.

Article I. In General

Section 6.01. Powers Supplemental to General Law. The City Council shall continue to have power to make and provide for the execution of such regulatory ordinances as it may deem proper not inconsistent with the law of the land, and the City of Charlotte shall have all the powers granted to municipalities by the general laws of North Carolina, as the same may now or hereafter be enacted. In addition, the City of Charlotte shall have the powers granted by this charter as the same may be amended from time to time, and the enumeration of specific powers or procedures in this chapter shall be supplemental to and not in limitation of the powers or procedures provided for by general laws of North Carolina.

Article II. Traffic Control and Emergency Vehicles

Section 6.21. Traffic Control Devices.

(a)       The City Council, upon finding as a fact that the density of population and volume of vehicular and pedestrian traffic in the City of Charlotte requires prompt, continuing, and effective control of such traffic through the installation, removal, relocation and change of official traffic control devices in order to protect and promote the public safety and convenience, may designate, by ordinance, an official of the city to make or cause to be made, upon the basis of engineering and traffic investigations, installations, removals, relocations and changes of official traffic control devices in accordance with accepted traffic engineering principles and standards and in accordance with the procedures hereinafter set forth.

(b)       An "official traffic control device," as used in this Section, means a sign, signal, marking or device, including a parking meter, which is designed and intended to regulate vehicular or pedestrian traffic.

(c)       Whenever an official traffic control device is installed, removed, relocated or changed pursuant to this Section, a notation thereof shall be made or caused to be made by the designated official on a map or record book or any combination thereof as may be determined by the City Council and maintained for that purpose. Such map or record book or combination thereof shall be retained permanently in the office of the City Clerk and shall be styled, as the case may be, as "Map (or Record Book) of Location of Traffic Control Devices." Typed, photographic or other copies of any part of such map or record book, certified by the City Clerk, shall be admitted in evidence in all courts and shall have the same force and effect as would the original thereof.

(d)       For purposes of enforcement, the installation, relocation or change of an official traffic control device pursuant to this Section shall have the force of law immediately upon such installation, relocation or change.

Section 6.22. Obstruction of Private Alleys. If, in the opinion of the City Council, a fire hazard is created by the obstruction of private alleys, the City Council may adopt regulations governing the obstruction of private alleys, whether by reason of the parking of motor vehicles or otherwise, but such regulations shall not be construed so as to restrict or limit the legal right of the owners of interests in a private alley to close the alley or to exercise other property rights therein.

Section 6.23. Emergency Vehicles. The City Council is hereby authorized to establish regulations governing the drivers and operators of ambulance services, wrecker services, and other vehicles used in connection with accidents, emergencies, and disasters. The City Council is also authorized to establish rates which may be charged by operators of ambulance services and/or wrecker services, and to grant franchises to such operators on such reasonable terms and conditions as may be necessary, and may contract with such operators for such service or services as may be deemed necessary.

Article III. Occupational and Business

Licensing and Regulation.

Section 6.41. Power to License, Regulate and Prohibit. The City Council is authorized to regulate and, subject to general law, to license occupations, businesses, trades, professions, and forms of amusement or entertainment in the interest of the public health, welfare, safety, order or convenience, and to prohibit such as may be inimical to the public health, welfare, safety, order or convenience. In the regulation of trades, occupations, and professions, the City Council may, not inconsistent with the general law, require applicants therefor to stand examination and to charge a reasonable fee therefor.

Article IV. Unsafe and Dangerous Buildings

Section 6.61. Power to Inspect and Condemn. The City Council is authorized to provide by ordinance for the inspection, condemnation and removal of unsafe and dangerous buildings. Such ordinance may provide for the entry in and upon all premises, buildings and structures within the jurisdiction of the city, to inspect and discover whether the same are unsafe and dangerous to life or property on account of defects or dilapidation, and to cause all unsafe and dangerous conditions to be repaired or removed, and all filth and trash in and around the same to be removed. Such ordinance may also provide for the condemnation, as unsafe and dangerous to life or property, of any such building or structure and to prohibit further use or occupancy thereof. If the owner of any such building or structure which has been so condemned, fails or refuses, after notice, hearing and order, to repair or remove the unsafe and dangerous building or structure pursuant to such order, he shall be guilty of a misdemeanor punishable as for a violation of any municipal ordinance. A copy of such notice and order shall be certified by the City Clerk and filed for recording in the office of the Clerk of Superior Court for Mecklenburg County in the Record of Lis Pendens and from the date or dates of recording of such notice and order, they shall be binding upon the successors and assigns of the owner. In addition, if the owner fails or refuses as aforesaid, or, if the owner cannot, after reasonable and diligent search and notice by publication, be located or found, then the City is authorized to enter upon such premises and remedy such unsafe and dangerous condition or demolish and remove such building or structure if necessary, and to charge the costs thereof against the owner of said premises and the same shall be and remain a lien against the said premises until such costs are paid in full, and the lien herein provided for may be collected or foreclosed as provided by law for the collection of unpaid taxes, and the City of Charlotte, its agents, servants, employees and contractors, shall not be liable in any manner, civilly or criminally, for carrying out the terms and provisions of this Section or any ordinance adopted pursuant hereto.

Article V. Fire Protection

Section 6.81. Power to Destroy Property. The Chief of the Fire Department or the officer in charge at the scene of a fire may order the blowing up, tearing down, or other destruction of any building, property or structure when it is deemed necessary for the protection of life and property to stop the progress of a fire. No person shall be held liable, civilly or criminally, for acting in obedience to orders thus given, nor shall the Chief or officer giving such order be held liable, civilly or criminally for the giving of such order or for damages to property destroyed pursuant to order.

Section 6.82. Power of Arrest. The Fire Chief and his assistants, while on duty during fires, shall have the powers conferred upon police officers of the city to make arrests, and are hereby authorized to make arrests without warrants for interference with or obstruction to their operations.

Article VI. Drainage and Sanitation

Section 6.101. Drainage of Premises. The City Council shall have power to require that all property owners provide adequate drainage facilities to the end that their premises be free from standing water and permit the natural flow of water thereon to be taken care of, and to provide that in case of failure on the part of such owner or owners to so provide the same, to go upon their premises and construct the necessary facilities and to charge the costs thereof against the premises so improved.

Section 6.102. Connection of Sanitation Facilities. The City Council shall have power to require the owner or owners of private drains, sinks, and privies, to fill up, cleanse, drain, repair, fix, and improve the same as they may be ordered, and to cause all drains, toilets, sinks, and all water or sewerage facilities to be connected with the city's systems, and to provide that in case of failure on the part of such owner or owners to comply with any such order, to go upon their premises and perform such work as may be necessary to comply with such order, and to charge the cost thereof against the premises upon which such work is performed.

Section 6.103. Weeds and Overgrowth. The City Council shall have power to require the owner or owners of all premises, vacant or improved, to keep same free from trash, obnoxious weeds or overgrowth as they may be ordered and to provide that in case of failure on the part of such owner or owners to comply with any such order, to go upon their premises and perform such work as may be necessary to comply with such order, and to charge the cost thereof against the premises upon which such work is performed.

Section 6.104. Costs A Lien as For Taxes. The costs to the city of any work performed under this Article shall constitute a lien upon the premises upon which the work is performed and may be collected in the same manner as taxes upon real property.

Section 6.105. Dwellings on Floodplains. The City Council shall have power to regulate and prohibit the construction of buildings designed or intended to be used for human habitation upon property subject to periodic surface flooding.

Article VII. Utilities Regulation

Section 6.121. Power to Regulate; Franchises. The City Council shall have power to regulate and supervise the operation of all public utilities and quasi-public utilities operating or doing business within the city to the end that all citizens of the city shall receive from said public utilities and quasi-public utilities, equal treatment, good service and just and reasonable rates, and to grant or refuse franchises or privileges to such utilities and to regulate the erection and location of all poles in the city and to require that all wires, pipes and conduits be placed underground and to regulate the same; provided, that such regulations shall not be in contravention of the General Laws of North Carolina applicable to such utilities, as the same are now or may hereafter be enacted.

Article VIII. Solicitations

Section 6.141. Power to Regulate. The City Council shall have the power to regulate by ordinance any and all public solicitations within the city for any charitable, benevolent, health, educational, religious, patriotic or other similar cause; provided, that such ordinance shall not apply to any solicitation made by any church or religious organization, school or college, fraternal or patriotic organization, or civic club, when such solicitation is confined to their respective memberships. Such ordinance may provide for a separate board, body, or commission to administer the ordinance in accordance with the rules and standards prescribed therein; may provide for regulation of the time, place and manner of soliciting; may require registration and permits and impose such fees therefor as may defray the reasonable costs of administration; may require the publication of such information as will tend to insure that the purpose and methods of any such solicitation will be free from any element of deceit or fraud; and may include such other requirements as may reasonably protect the public from fraudulent solicitations. The authority granted by this Section is in addition to any and all other authority now granted by law and is intended specifically to supplement and not to repeal, amend or affect the authority granted to the State Board of Public Welfare by Article 5, Chapter 108 of the General Statutes of North Carolina; provided, that any license granted by said board shall not exempt the licensee from compliance with the provisions of any ordinance adopted pursuant to the authority granted by this Section.

Subchapter B. Planning, Zoning, Subdivision and Building Regulation

Article I. Extraterritorial Jurisdiction

Section 6.161. Exercise of Powers Within and Beyond Corporate Limits. For the purpose of promoting the orderly growth, expansion, and development of the City of Charlotte and the surrounding territory hereinafter defined and for the purpose of promoting the health, safety, morals, and general welfare of the citizens of such area, the City Council is authorized to exercise any planning, zoning, subdivision and building regulation powers now or hereafter conferred upon the City of Charlotte, not only within the corporate limits of the city but also within the territory beyond and surrounding such corporate limits, hereinafter referred to as "the perimeter area," as more particularly described in Chapters 123 and 124 of the Session Laws of 1955, as respectively amended by Chapters 113 and 114 of the Session Laws of 1959, and as the same may hereafter be amended. Such powers may be exercised to the same extent and according to the same procedures as are applicable to the exercise of such powers within the corporate limits; provided, however, that any ordinance intended to have application beyond the corporate limits of the city shall expressly so provide.

Section 6.162. Enforcement. The City Council is further authorized, in order to enforce properly the provisions of any zoning ordinance, subdivision regulations, or building regulations, to require that prior to the beginning of any construction, reconstruction, use, or alteration of any land, building or structure, a permit be obtained therefor from the Building Inspection Department of the City of Charlotte. The permit shall be issued by said department if the proposed use, building or structure complies with such requirements as may have been adopted by the City Council for the area wherein such use, building or structure is situate.

Article II. Zoning Regulation

Section 6.181. Zoning Power. The zoning power of the City Council shall specifically include, but shall not be limited to, the power to adopt such ordinances and regulations as may be considered necessary or expedient by the City Council to regulate, control, and restrict (a) the height, number of stories, and size of buildings and other structures, (b) the percentage of a lot that may be occupied, (c) the size of yards, courts, and other open spaces, (d) the density of population, and (e) the location and use of buildings, structures, and land for trade, industry, residence or other purposes; and shall include all zoning powers now or hereafter granted by general law or other laws pertaining to the City of Charlotte.

Section 6.182. Zoning Commission. In exercising the zoning powers conferred by law beyond the corporate limits of the city, the City Council shall by ordinance designate the Charlotte-Mecklenburg Planning Commission, established by ordinance of the City of Charlotte and resolution of the County of Mecklenburg on September 8, 1954, as the Zoning Commission required by Article 14 of Chapter 160 of the General Statutes. The City Council may assign the Charlotte-Mecklenburg Planning Commission such additional duties as it deems wise in connection with the preparation of recommended ordinances and the making of recommendations as to proposed amendments.

Section 6.183. Amendments to Zoning Ordinances. As a part of, and not in limitation of, the powers granted by general laws to enact amendments to zoning ordinances, whenever the City Council is petitioned to enact an amendment changing the zoning of a particular area, it shall have and may exercise the power to amend by changing the existing zoning classification of the area covered by the petition, or any part or parts thereof, to the classification requested or to a higher classification or classifications, without the necessity of withdrawal or modification of the petition; provided, that notices of hearings on such amendments shall inform the public that such action may be taken. If the City Council desires to exercise the power granted herein, it shall, for the purposes of this Section, provide by ordinance for the classification of zoning districts from highest to lowest classification.

Section 6.184. Zoning Board of Adjustment. If the City Council should adopt a zoning ordinance covering the perimeter area, as authorized by law, the City Council shall create a Zoning Board of Adjustment whose members shall be appointed as follows: Five members shall be appointed by the City Council and shall be citizens and residents of the City of Charlotte; five members shall be appointed by the Mecklenburg County Board of Commissioners and shall be citizens and residents of the perimeter area. Such Board of Adjustment shall have and exercise all of the powers, duties, and functions enumerated in Section 160-178 of the General Statutes as the same are now or may hereafter be amended. Members shall be appointed for terms of three years and until their respective successors have been appointed and qualified; provided, that the initial appointees may be appointed to shorter terms of varying duration, to the end that the terms of no more than four members shall expire in any one year. There shall be a quorum of five members for the purpose of hearing cases. The concurring vote of four-fifths of the members present for the hearing of any case shall be necessary in order (a) to reverse any order, requirement, decision or determination of any administrative official charged with enforcement of the zoning ordinance or (b) to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or (c) to effect any variation in such ordinance.

Article III. Subdivision Regulation

Section 6.201. Approval of Plats. The City Council is authorized to enact an ordinance providing that no plat of a subdivision of land lying within the corporate limits of the City of Charlotte or within the perimeter area shall be filed or recorded until it shall have been submitted to and approved by the Charlotte-Mecklenburg Planning Commission in accordance with regulations adopted under authority of this Article and such approval entered in writing on the plat by the secretary of the Commission.

Section 6.202. Recording of Plats. If the City Council adopts an ordinance regulating the subdivision of land as authorized herein, it shall file a copy of such ordinance with the Mecklenburg County Register of Deeds, who shall not thereafter file or record, nor shall the Clerk of Superior Court of Mecklenburg County order, or direct the recording of a plat of a subdivision of land located within the territorial jurisdiction hereinabove prescribed, without the approval of the Charlotte-Mecklenburg Planning Commission as required by this Article. The owner of land shown on a subdivision plat thereafter submitted for recording, or his authorized agent, shall be required to sign a statement on the plat stating whether or not any land shown thereon is within the territorial jurisdiction hereinabove prescribed. The filing or recording of a plat of a subdivision without the approval of the Charlotte-Mecklenburg Planning Commission as required by this Article shall be null and void.

Section 6.203. Subdivision Regulations. If the City Council wishes to exercise the powers granted to it by this Article, it shall by ordinance adopt regulations governing the subdivision of land within the territorial jurisdiction herein above prescribed.

Such ordinance may provide for the orderly development of the municipality and its environs; for the coordination of streets within subdivisions with existing or planned streets or with other public facilities; for the dedication or reservation of adequate open spaces for traffic, recreation, and school sites; and for distribution of population and traffic which shall avoid congestion and overcrowding, and which shall create conditions essential to health, safety, convenience, and the general welfare.

Such 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.

Such ordinance may include requirements as to the improvement and grading of streets and the construction and installation of street pavements, curbs, gutters, sidewalks, and water, sewer, surface water drainage, and other utility mains, as a condition precedent to the approval of the plat. The governing body shall provide for the tentative approval of the plat previous to such improvements and installations, but any such tentative approval shall not be entered on the plat. Such ordinance may provide that in lieu of the completion of such work and installations prior to the final approval of a plat, the governing body may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality the actual construction and installation of such improvements and utilities within a period specified by the City Council and expressed in the bond; and the City of Charlotte is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies. Such ordinance may provide, in lieu of the completion prior to the final approval of a plat of such work and installations on lands within the corporate limits of the city, for an assessment under applicable laws governing assessments for local improvements whereby the city may do said work and make said installations at the cost of the owners of the property within the subdivision.

Such ordinance shall provide that the Charlotte-Mecklenburg Planning Commission shall approve or disapprove the final plat not later than 60 days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Commission on demand; provided, however, that the applicant for the Planning Commission's approval may waive this requirement and consent to the extension of such period. The grounds for disapproval of any plat shall be stated upon the records of the Planning Commission. Said regulations shall provide that an appeal may be taken from the Planning Commission action to the City Council which shall have power to disapprove in whole or in part or otherwise modify the action of said Planning Commission.

Section 6.204. Public Hearing on Ordinance. Before the adoption of a subdivision-control ordinance or any amendment thereof, the City Council shall hold a public hearing. A notice of such public hearing shall be given once a week for two successive weeks in a newspaper published in the City of Charlotte, such notice to be published the first time not less than 15 days prior to the date fixed for said hearing.

Section 6.205. Effect of Plat Approval on Status of Dedications. The approval of a plat by the Charlotte-Mecklenburg Planning Commission 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.

Section 6.206. Penalties for Transferring Lots in Unapproved Subdivisions. If the City Council adopts an ordinance regulating the subdivision of land as authorized herein, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction hereinabove prescribed, thereafter transfers or sells such land by reference to a plat showing a subdivision of such land before such plat has been approved by the Charlotte-Mecklenburg Planning Commission and recorded in the office of the Mecklenburg County Register of Deeds, shall upon conviction be guilty of a misdemeanor. The City of Charlotte, through its City Attorney or other official designated by the City Council, may enjoin such transfer or sale by action for injunction.

Section 6.207. Acceptance of and Improvements in Unapproved Streets. From and after the time when the platting jurisdiction of the city shall have attached by virtue of the adoption of a subdivision control ordinance as provided in this Article, the city shall not accept for maintenance, lay out, open, improve, grade, pave, or light any street or authorize the laying of water mains, sewers, connections, or other facilities or utilities in any street within the territorial jurisdiction hereinabove prescribed, (1) unless such street shall have been accepted or opened as, or shall have otherwise received the legal status of a public street prior to the said attachment of the city's subdivision jurisdiction, or (2) unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the Charlotte-Mecklenburg Planning Commission, or (3) unless such street be accepted as a public street by vote of a majority of all the members of the City Council.

Section 6.208. Definitions. For the purpose of this Article, the following definition shall apply:

"Subdivision". 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, legacy, 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 Article: (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 the standards of the city, (2) the division of land into parcels greater than five 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.

Article IV. Building Setback Lines

Section 6.401. Power to Classify and Establish. Within the City of Charlotte and the perimeter area, the City Council is hereby authorized (1) to classify from time to time all or a portion of the streets according to their size, present and anticipated traffic loads, and other characteristics relevant to the achievement of the purposes stated hereinbelow, and (2) to establish, by ordinance, minimum distances which buildings constructed along each class or type of street shall be set back from the right of way line of the street or from the center line of the street. The City Council may classify portions of particular streets in a manner different from other portions of such streets, where the characteristics of such portions differ.

Section 6.402. Purposes. Any setback lines established under the authority of this Article shall be designed (a) to promote public safety by providing adequate sight distances for motorists using the street, lessening congestion in the street, facilitating the safe movement of traffic on the street, and providing adequate fire lanes between buildings, and (b) to protect the public health, by keeping dwellings and other structures an adequate distance from the dust, noise, and fumes created by traffic on the street and by insuring an adequate supply of light and air.

Section 6.403. Modification by Board of Adjustment. Any ordinance adopted pursuant to this Article shall provide that the zoning board of adjustment having jurisdiction over the property shall have the power, upon an appeal filed with it by the owner of the property, to vary or modify the setback requirements as they apply to a particular piece of property, upon a showing (a) that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such requirements, resulting from the peculiar nature of the property, (b) that the property of the appellant will not yield a reasonable return or cannot be put to reasonable use unless such relief is granted, and (c) that balancing the public interest in enforcing the setback requirements and the interest of the owner, the grant of such relief is required by considerations of justice and equity. Where such relief is granted, the board may impose reasonable and appropriate conditions and safeguards for the protection of the public interest and of neighboring properties.

Section 6.404. Enforcement. Any ordinance adopted pursuant to this Article may provide for enforcement through the issuance of building permits, which may be coordinated with the enforcement of the building code and/or the zoning ordinance. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of any such ordinance, the designated enforcement officer, in addition to other remedies or penalties, may institute any appropriate action or proceeding (a) to prevent such unlawful action (b) to restrain, correct, or abate such violation, or (c) to prevent the occupancy of said building or structure.

CHAPTER VII

CITY SERVICES AND FACILITIES

Subchapter A. Establishment and Maintenance of Services and Facilities.

Article I. General

Section 7.01. Powers Continued. The City Council shall continue to have power to establish and maintain public services and facilities deemed necessary or desirable for the health, safety, comfort, welfare, convenience and good order of the public, not inconsistent with the law of the land, the general laws of North Carolina as the same may now or hereafter be enacted, the provisions of this Charter as the same may be amended from time to time, and the provisions of any other laws now or hereafter applicable to the City of Charlotte.

Article II. Water and Sewer

Section 7.21. Remedies for Collection of Charges. In addition to the remedies provided by general law for the collection of charges for water and sewerage services, both within and without the corporate limits, if any such charge is not paid within ten (10) days after it becomes due, the same shall become a lien upon the property served or in connection with which the service or facility is used and said lien may be enforced in the same manner as the lien for taxes upon property. The City Council may also require the payment of reasonable deposits by owners or tenants as a condition precedent to the furnishing of water or sewerage services, or both. Such deposits may be retained by the city as assurance for the payment of charges and may be refunded, without interest, upon such terms and conditions as the City Council may establish.

Section 7.22. Dedication of Water and Sewer Lines. Before any person, firm or corporation shall connect in any manner any privately owned water or sewer line or lines with any water or sewer line or lines of the City of Charlotte, such person, firm or corporation shall, by proper written instrument, in consideration of making such connection and the benefits to be derived therefrom, dedicate, give, grant and convey such water or sewer lines to the City of Charlotte. No such connection shall be made with the city water or sewer lines without the express approval of the city, nor shall such connection be effected except in accordance with the regulations of the city governing same, and upon payment of any reasonable charges made therefor. Should any person, firm or corporation connect any privately owned water or sewer line or lines without first dedicating, giving, granting and conveying same to the city, the act of connecting shall be deemed a dedication, gift, grant and conveyance of such lines to the city and the city may accept same or may order the disconnection of such lines; provided, that the city may enter into contracts, when duly authorized by a majority of the City Council members voting thereon, with any person, firm or corporation whereby water or sewer lines may be laid within or without the city and connected to the city's systems under such terms as may be agreed upon, notwithstanding any provisions of this Section.

Article III. Refuse Disposal

Section 7.41. Service Contracts. The City Council is hereby authorized to make and enter into service contracts with any person, firm or corporation for the disposal of municipally-collected refuse when, in the judgment of the City Council, such action is in the public interest. Such contracts may extend over a period of years not to exceed twenty-five (25); shall be deemed to be continuing contracts within the meaning of G. S. 160-399 (4); and shall be binding upon the city in accordance with their terms for the period of such contracts. The City Council is further authorized, in its discretion, to lease or to sell, at private sale, any lands now or hereafter owned or acquired by the city, to any person, firm or corporation contracting with the city for disposal of municipally-collected refuse, for use as a plant site or sites, upon such terms and considerations as the City Council may prescribe.

Article IV. Special Officers

Section 7.61. Power to Appoint; Authority. The City Council may determine when and at what place or places special peace officers are necessary to police and guard certain designated public or private premises, and may in its discretion appoint such special peace officers to police and guard such premises, such appointment to last for not more than one year from the date of appointment; provided, that such special peace officers shall have as full and ample authority in all respects to make arrests, enforce the law, maintain the peace on and about said designated public or private premises, and deliver any arrested person or persons to the city or county jail as regular police officers of the city; provided further, that such peace officers may be removed at any time in the discretion of the City Council; provided, however, that the City Council shall not be obligated to appoint any such special peace officers, but may do so in its discretion, and when appointed and designated by the City Council, such special peace officers shall be sworn in by the City Clerk or Deputy City Clerk and the record of such appointment shall be kept in the office of the City Clerk.

Subchapter B. Eminent Domain and Local Improvements.

Article I. Eminent Domain

Section 7.81. Powers and Procedures. The City of Charlotte shall have the power of eminent domain and may acquire, either by purchase, gift or condemnation, any land, right of access, right of way, water right, privilege, easement, or any other interest in or relating to land, water, or improvements, either within or without the city limits, for any lawful public use or purpose. In the exercise of the power of eminent domain, the city is hereby vested with all power and authority now or hereafter granted by the laws of North Carolina applicable to the City of Charlotte, and the city shall follow the procedures now or hereafter prescribed by said laws; provided, that whenever the City of Charlotte agrees with the State Highway Commission to acquire rights of way for street construction or improvement projects forming or to form a part of the State Highway System, the city shall be vested with the same authority and may follow the same condemnation procedure to acquire such rights of way as is prescribed for the State Highway Commission by the General Statutes of North Carolina, as now or hereafter amended. The City of Charlotte is also vested with the authority to condemn for public library purposes, property, rights, privileges, easements and restrictive covenants and conditions, including any restrictive covenants and conditions applicable to real estate now or hereafter owned, restricting the use of same in any manner whatsoever.

Article II. Local Improvements

Section 7.101. Authority. The City of Charlotte is hereby vested with all the power and authority granted to municipalities by the general laws of North Carolina with respect to public or local improvements, such as, but not limited to, grading, regrading, widening, paving and repaving public streets and alleys, and in the construction, reconstruction and alteration of curbs, gutters and drains in the public streets and alleys, and in the laying or relaying of sewers and water lines, and in the construction, reconstruction and alteration of sidewalks. The authority granted by this Article shall not be exclusive, but shall be in addition to that granted by any other law, and with respect to any particular local improvement, the city, at its discretion, may exercise any one or more of the alternative powers hereinafter granted.

Section 7.102. Procedures. The procedures set forth in the general laws of North Carolina for the making of special assessments against property benefited by local improvements shall apply to the City of Charlotte except as the City Council may elect to follow alternative procedures as herein provided.

Section 7.103. Alternate Procedures.

(a)       Upon receipt of a petition from an owner or owners representing fifty per cent (50%) or less of the total street frontage where fifty per cent (50%) or more of the total street frontage is in one ownership, the City Council may order the making of any local improvement and assess the cost against the abutting property in the same manner and following the same procedures as set forth in the general laws of North Carolina for the making of special assessments against property benefited by local improvements.

(b)       The City Council may order the making of any local improvements and assess the cost thereof, except the city's portion, against only a limited number of abutting properties upon receipt of a petition from all such property owners asking that the improvement be made and that the total amount to be assessed for the improvement be assessed only against their properties.

(c)       No petition shall be necessary for the making of any local improvements for which the city bears the entire cost without assessment.

(d)       If, in the judgment of the City Council, the abutting property to be assessed will be benefited in an amount at least equal to the assessment, and such judgment shall be conclusive, no petition for local improvements shall be necessary and the City Council may order the making of any local improvements and assess the cost thereof against abutting properties in the following cases:

1.         Street Improvements and/or Curb and Gutter. When, in the judgment of the City Council, any street or part of a street is unsafe; or, the improvement of a street or part of a street not more than three blocks in length is necessary to connect streets already paved; or, the improvement of a street or part of a street is necessary to connect a paved street, or portion thereof, with a paved highway; or, the improvement of a street or part of a street is necessary to provide a paved approach to a railroad or street grade separation or any bridge; or, any street or part of a street should be widened to accommodate present and anticipated volumes of traffic thereon.

2.         Water Main Improvements. When, in the judgment of the City Council, any street or part of a street, or any property within the city, is without a public water supply and can be served, and water service should be provided in the public interest.

3.         Sanitary Sewer Improvements. When, in the judgment of the City Council, any street or part of a street, or any property within the city, is without a public sanitary sewer system and can be served, and sanitary sewer service should be provided in the public interest.

(4)       Storm Sewer or Other Surface Drainage Improvements. When, in the judgment of the City Council, any street or part of a street, or any property within the city, is without storm sewer or other surface drainage improvements, and can be served, and storm sewer or other surface drainage should be provided in the public interest.

5.         Sidewalk Improvements. When, in the judgment of the City Council, any street or part of a street is without sidewalks and sidewalks should be provided in the public interest.

(e)       Whenever the City Council finds that public interest requires a sidewalk or sidewalks or portions of driveways within the public right of way be repaired, the total cost of such repairs may be assessed against the property abutting the sidewalk or driveway repaired. Before an assessment may be made against abutting property for a sidewalk or driveway repair, at least 30 days' written notice must be given to the abutting property owner personally or by registered or certified mail to his last known address or as shown on the tax records, that he is required to make the designated repairs at his own cost and expense in conformity with the sidewalk standards adopted by the city, and if he shall fail to make such repairs within 30 days after notice served upon him, the city may thereupon make said repairs and assess the cost thereof. Provided, however, if the City Council finds that any sidewalk or driveway is in need of immediate repair, the City Council may adopt a resolution setting out such finding and directing that such repair be made immediately by the city and that the cost thereof be assessed against the property abutting without notice to the property owner affected.

Section 7.104. Planting Strip and Driveway Maintenance. It shall be the responsibility of the abutting property owner to maintain any property or driveway between the property line and the curb of a paved street.

Section 7.105. Corner Lot Exemption. The City Council shall have authority to determine the amount and applicability of assessment exemptions for corner lots. Provided, exemptions for corner lots shall apply to only one side of each such lot and the amount of the exemption shall not exceed seventy-five per cent (75%) of the frontage of that side. 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 frontage for assessment purposes shall be calculated to the midpoint of the curve or foreshortened corner.

Section 7.106. Payment of Assessments. Any property owner shall have the option of paying assessments for local improvements in cash or in not less than two or more than ten equal annual installments, as may have been determined by the City Council in the resolution ordering the improvements. With respect to payment by installment, the Council may direct (1) that installments shall become due and payable on the same date when property taxes of the city are due and payable, or (2) that the first installment with interest shall become due and payable 60 days after the date of the confirmation of the assessment roll, and one subsequent installment and interest shall be due and payable on the same day of the month in each successive year until the assessment is paid in full.

Section 7.107. Exchange of Property. In connection with street widening, the city may purchase with any available funds, property immediately adjacent to property located on a street corner; provided, in the opinion of the City Council, the value of such inside lands does not exceed the value of the corner property needed for street widening purposes, and may convey and transfer such inside lands to the owner of the corner property in exchange for property needed for street widening purposes, at private sale.

Section 7.108. Water and Sewer Facilities; Additional Authority. In the construction, reconstruction, or extension of the water and sewerage systems, or either of them in whole or in part, the City of Charlotte shall have, in addition to all other authority now or hereafter granted, the authority to specially assess the costs thereof in accordance with the procedures and authority prescribed for counties by Article 24A, Chapter 153 of the General Statutes of North Carolina, as the same may be amended from time to time.

CHAPTER VIII

RECORDER'S COURT

Section 8.01. Court Continued; Chief Judge. The special court for the trial of misdemeanors heretofore created and established, the Recorder's Court of the City of Charlotte, hereinafter referred to as the Court, is hereby continued. The Court is a court of record and the Chief Recorder of the Court shall be its presiding officer and chief judge.

Section 8.02. Organization. The Court is an established Court and to it, and any component division of the Court, is allotted and distributed all judicial power and jurisdiction, which is or may be conferred under the general law upon criminal courts inferior to the Superior Court, except as limited by the provisions of this Chapter.

The Court is additionally regulated and authorized, in exercising its powers and jurisdiction, to employ the following methods:

(1)       From time to time multiple divisions of the Court may be organized and reorganized and divisional dockets arranged and rearranged.

(2)       Multiple divisional sessions and hearings in chambers and in open Court may be conducted at the same time or at different times, and at different places.

(3)       The Court is constituted a multi-judge Court of multiple divisions each presided over by an assigned judge, and any person appointed Recorder, any Vice Recorder or Associate Recorder, shall be a judge and shall have and exercise all the powers, duties, responsibilities and prerogatives, in chambers or otherwise, which may be conferred under the general law upon judges of criminal courts inferior to the Superior Court, except as limited by the provisions of this Chapter.

(4)       The Chief Recorder shall have the power to determine from time to time the facts as to whether additional divisions of the Court may be needed in order to improve and expedite the administration of criminal justice in the Court. The Chief Recorder may take into account the factors of population growth, number of case filings, the benefits of divisional specialization, the length and difficulty of cases, reasonable projections of any of these factors, and any other factors which may have a reasonable bearing upon the improvement of the administration of justice in the Court and the need for additional divisions.

(5)       The Chief Recorder shall have and exercise general administrative superintendence over the Court and may, by rule or otherwise, make provisions to implement the basic power of the Court to function as a multi-judge Court and in multiple divisions, and provisions concerning any other administrative details connected with any power, function or procedure of the Court.

(6)       The Court shall not sit en bane, and no appeal or judicial review shall lie from one judge of the Court to another or to the Court en bane.

(7)       Divisional hearings of the Court may be conducted by the Chief Recorder, or by any Vice Recorder or Associate Recorder. For the Court they may hear, try and determine any cause, or any part of any proceeding in any cause of which the Court may have jurisdiction, and perform any other judicial function which may be required or permitted by this Chapter or by any provision of the general law for criminal courts inferior to the Superior Court, or for any judge or presiding officer thereof.

Section 8.03. Bond Forfeiture Cases. The Chief Recorder for the Court shall exercise the power equivalent to that of Judges of the Superior Courts under G. S. 15-116 to hear and determine petitions for remission and other relief in bond forfeiture cases, and the Solicitor shall have authority to prosecute for judgment absolute on any forfeited recognizance and related proceedings.

Section 8.04. Election, Term, Compensation of Judges. The City Council of the City of Charlotte shall elect the Judges of the Court as follows:

(1)       Each City Council which is elected to office shall, before July 1 next following its election, elect a Chief Recorder and such number of Associate Recorders as the Chief Recorder may find necessary to insure the proper operation of the Court. The terms of office of the Chief Recorder and of the Associate Recorders shall commence on July 1 of the year of their election and shall continue for two years and until their successors are elected and have qualified. Vacancies may be filled by the City Council for the unexpired term.

(2)       One or more persons may be elected from time to time by the City Council to the office of Vice Recorder to substitute in case of the temporary absence or disability on the part of the Chief Recorder or of any Associate Recorder. The term of office of any Vice Recorder shall be concurrent with that of the Chief or of any Associate Recorder for whom he may be elected to substitute.

(3)       Any person elected shall be an elector of the City of Charlotte or County of Mecklenburg, duly qualified and competent to perform the duties of the office.

The amount and manner of payment of the salary of the Chief Recorder and of any Associate Recorder shall be fixed and determined by the City Council, but shall not be diminished during the term of office. The City Council shall also fix and determine the compensation of any Vice Recorder for services rendered the Court.

Section 8.05. Election, Term, Compensation of Solicitors. Each City Council which is elected to office shall, before July 1 next following its election, elect a Solicitor and such number of Assistant Solicitors as the Solicitor may find necessary to insure the proper operation of the Court. The terms of the Solicitor and of any Assistant Solicitor shall commence on July 1 in the year of their election and shall continue for two years and until their successors are elected and have qualified. Vacancies may be filled by the City Council for the unexpired term.

The Solicitor of the Court from time to time may select a Solicitor pro tem to act in his absence, or in the absence of any Assistant Solicitor.

Any person elected to the office of Solicitor or Assistant Solicitor shall be an elector of the City of Charlotte or the County of Mecklenburg and duly qualified and competent to perform the duties of the office.

The salaries of the Solicitor and of any Assistant Solicitors shall be fixed and determined by the City Council of Charlotte and shall not be diminished during the term of office. The City Council shall also fix and determine the compensation of any Solicitor pro tem for services rendered the Court. The Solicitor, Assistant Solicitors, or Solicitors pro tem shall attend upon and perform duty at sessions or divisional sessions of the Court, or in chambers, in accordance with assignment from time to time made by the Solicitor, said assignments being made in harmony with the multiple division organization of the Court and in the interest of the improvement of the administration of justice therein. The Solicitors of the Court shall have all duties, responsibilities, powers and authority which may be given by provisions of the general law to Solicitors or prosecuting attorneys of criminal courts inferior to the Superior Court, except as expressly limited by this Chapter.

Section 8.06. Clerk; Assistants, The Charlotte City Council is authorized to appoint a Clerk and such Assistant Clerks as may be necessary to insure proper operation of the Court, and it may fix the amount and method of their compensation. The Clerk and Assistant Clerks shall serve at the will of the City Council. The Clerk and the Assistant Clerk are given all duties, responsibilities, power and authority as provided by the general law applicable to the office of Clerk of criminal courts inferior to the Superior Court.

Section 8.07. Jurisdiction. The Court shall have jurisdiction and powers in criminal offenses as follows:

(1)       Original jurisdiction as to all offenses and misdemeanors in violation of any ordinance of the City of Charlotte.

(2)       In criminal offenses occurring within the corporate limits of the City of Charlotte, the jurisdiction and power which is now or may hereafter be given to Justices of the Peace.

(3)       In criminal offenses occurring outside the corporate limits of the City of Charlotte but within the County of Mecklenburg, the jurisdiction and power which is now or may hereafter be given to Justices of the Peace.

(4)       Original jurisdiction in all criminal offenses committed within the corporate limits of the City of Charlotte below the grade of felony, as defined by law, and all such offenses are hereby declared to be petty misdemeanors.

(5)       Concurrent jurisdiction with other inferior courts now in existence or which may hereafter be created for Mecklenburg County as to all criminal offenses committed within the boundaries of the County of Mecklenburg and outside the corporate limits of the City of Charlotte below the grade of felony, as defined by law, and all such offenses are hereby declared to be petty misdemeanors.

(6)       Jurisdiction to try all actions for the recovery of any penalty for the violation of any ordinance of the City of Charlotte, and such penalty may be sued for and recovered in said Court in the name of the City of Charlotte.

(7)       As to all felonies committed within the boundaries of the County of Mecklenburg, jurisdiction to conduct probable cause hearings and to act as a committing magistrate according to the powers and procedure provided under any provision of the general law applicable to criminal courts inferior to the Superior Court.

Section 8.08. Issuance of Process; Recorder. Any Recorder is authorized to issue warrants, precepts and process in connection with the commission of any offense, the investigation thereof, and the enforcement of all orders and process in criminal cases before the Court. All such criminal process may be issued and directed to any lawful officer on the police force of the City of Charlotte or of Mecklenburg County, or the Sheriff, Constable, or any other lawful officer. As to all criminal process, warrants, precepts and otherwise, any Recorder of the Court shall have all the power given under the general law to judicial officers of criminal courts inferior to the Superior Court.

Section 8.09. Justices of the Peace; Warrants; Commitments. Any Justice of the Peace of Mecklenburg County may issue warrants in criminal actions and may make the same returnable to the Recorder's Court of the City of Charlotte.

In all cases heard by Justices of the Peace and other committing magistrates in which the justice or other committing magistrate may not have final jurisdiction, and in which probable cause of guilt is found, and of which the Court may have jurisdiction, the justice or other committing magistrate shall bind the person charged over in a reasonable recognizance with sufficient surety to appear in the Court, and in default of such recognizance the person charged shall be committed to the common jail of Mecklenburg County awaiting trial of hearing in the Court.

Section 8.10. Cases Excluded. Cases involving criminal charges against the Mayor or members of the City Council or any member of the police force of the City of Charlotte shall not be triable in this Court, but shall be triable in any court which would have jurisdiction in case the Recorder's Court of the City of Charlotte did not exist.

Section 8.11. Sessions. The Court shall hold daily sessions except on Sundays and legal holidays at the City Hall or at any other suitable places which may be provided by the governing board of the City of Charlotte. The Chief Recorder, in his discretion shall determine whether or not any Saturday session of the Court or of any of its divisions shall be held, and may also determine the beginning hour of any session of the Court or any of its divisions.

Section 8.12. Chief Recorder May Keep Records. The Chief Recorder may in his discretion cause to be kept by one or more stenographers, who may be employed and paid by the City of Charlotte, a record of the proceedings had in the Court and may direct any such record to be transcribed and typewritten into books furnished by the City of Charlotte which shall be in addition to the official record proper required by the general law to be kept by or under the direction of the Clerk of said Court.

Section 8.13. Practice and Proceedings. The practice and the proceedings in the Recorder's Court shall be the same as are now or may hereafter be prescribed by law in the Superior Court, insofar as the same may reasonably be applied in the sound judgment and discretion of the Court, but trial by jury shall not be afforded in said Court.

Section 8.14. Punishment Upon Conviction. Upon conviction of any person in the Court, he may be punished by fine or imprisonment or both, as provided by the general law, and the Court shall have the power to order any sentence imposed to be served in the County Jail of Mecklenburg County.

Section 8.15. Right of Appeal; Bond. In all cases resulting in conviction or the imposition of any penalty, the person against whom judgment may be rendered in the Court shall have the right of appeal to the Superior Court of Mecklenburg County, according to the manner prescribed in the general law. In case of appeal the defendant may, in the discretion of the Court, be required to give bond with sufficient surety for his appearance at the next succeeding term of the Superior Court, and in default thereof the defendant shall be committed to the common jail of Mecklenburg County until he shall be discharged according to law.

Section 8.16. Costs. The costs in the Recorder's Court shall be as follows:

Affidavit to obtain warrant ................................    $   2.50

Warrant for arrest ..............................................         2.50

Arrest or service of warrant ..............................         2.50

Trial and judgment .............................................         2.50

State law enforcement officers'

       benefit and retirement fund ........................         3.00

                                                                                  ______

Total ....................................................................     $13.00

All fees or costs of the Court, and any fees for serving process or appearance as witnesses, or otherwise, of any police officer of the City of Charlotte shall be the property of the City of Charlotte and paid over to the City Treasurer.

Section 8.17. Severability. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.

CHAPTER IX

MISCELLANEOUS

Subchapter A. Claims Against the City.

Section 9.01. Notice of Damages. No action for damages against the City of Charlotte of any character whatever, to either person or property, shall be instituted against the city unless within ninety (90) days after the happening or infliction of the injury complained of, the complainant, his executors or administrators, shall have given notice to the City Council of such injury in writing, stating in such notice the date, time 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, but this shall not prevent any time of limitation prescribed by law from commencing to run at the date of happening or infliction of such injury or in any manner interfere with its running.

Subchapter B. Sale of Property.

Section 9.21. Personal Property. The City Council shall have the power at all times to sell any and all personal property belonging to the city at private sale, and without resorting to public outcry and sale, and the Mayor of the city is fully authorized to make title to the purchases of any personal property so sold.

Section 9.22. Real Property. The City Council 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 (4) consecutive weeks in a newspaper published in Mecklenburg County following the procedure prescribed by the general laws of the State of North Carolina in the foreclosure of mortgages or deeds of trust under the power of sale therein contained; provided, that before any bid shall be deemed accepted or any sale made, or any title passed by virtue of said sale, such sale shall be confirmed by the City Council and said Council may, in its discretion, refuse confirmation and when so authorized, a deed for said 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 Section 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.

Section 9.23. Special Conditions. Where the city acquires title to real estate or an interest therein, by virtue of the enforcement of a tax, local improvement, special assessment or other lien of any character, the following special conditions shall apply: (1) the city may sell the same at any time at private sale to any person owning an interest therein (other than an interest under a mortgage, deed of trust, or other lien) at the time of such enforcement, for a consideration which will be equal to the taxes, penalties, interest and other liens which were enforced, plus court costs expended in connection therewith; (2) except as provided in (1), the city may not sell the said property or its interest therein within one year after the date of the execution of the deed by which it acquired title, without the written consent of the persons owning the same at the time of such enforcement (other than those owning interests under mortgages, deeds of trust or other liens).

Subchapter C. Waiver of Governmental Immunity.

Section 9.41. Waiver to Extent of Insurance. The City Council, by securing liability insurance as hereinafter provided, is hereby authorized and empowered to waive the city's governmental immunity from liability for damage by reason of death, or injury to person or property, caused by the negligence or tort of the city or by the negligence or tort of any official or employee of the city when acting within the scope of his authority or within the course of his employment. Such immunity shall be deemed to have been waived by the act of obtaining such insurance, but such immunity is waived only to the extent that the city is indemnified by insurance from such negligence or tort.

Any contract of insurance purchased pursuant to this Section must be issued by a company or corporation duly licensed and authorized to execute insurance contracts in this State, and such contract of insurance may cover such negligent acts or torts and such officials and employees as the city may decide. The City Council may purchase one or more contracts of insurance pursuant to this Section, each such contract covering different negligent acts or torts or different officials or employees from every other contract. Any company or corporation which enters into a contract of insurance as above described with the city by such act waives any defense based upon the governmental immunity of the city.

The City Council is authorized and empowered to pay, as a necessary expense, the lawful premiums for such insurance.

Any person sustaining damages, or in case of death his personal representative, may sue the city for the recovery of such damages in any court of competent jurisdiction in Mecklenburg County; and it shall be no defense to any such action that the negligence or tort complained of was in pursuance of a governmental or discretionary function of the city, if, and to the extent, the city has insurance coverage as provided in this Section.

Except as hereinbefore expressly provided, nothing in this Section shall be construed to deprive the city of any defense whatsoever to any such action for damages, or to restrict, limit, or otherwise affect any such defense which the city may have at common law or by virtue of any statute; and nothing in this Section shall be construed to relieve any person sustaining damages or any personal representative of any decedent from any duty to give notice of such claim to the city or to commence any civil action for the recovery of damages within the applicable period of time prescribed or limited by statute.

The city may incur liability pursuant to this Section only with respect to a claim arising after the city has procured liability insurance pursuant to this Section and only during the time when such insurance is in force.

No part of the pleadings which relates to or alleges facts as to a defendant's insurance against liability shall be read or mentioned in the presence of the trial jury in any action brought pursuant to this Section. Such liability shall not attach unless the plaintiff shall waive the right to have all issues of law or fact relating to insurance in such an action determined by a jury and such issues shall be heard and determined by the judge without resort to a jury and the jury shall be absent during any motions, arguments, testimony, or announcement of findings of fact or conclusions of law with respect thereto unless the defendant shall ask for a jury trial thereon.

Subchapter D. Official Bonds.

Section 9.61. City Treasurer. The Treasurer of the city, by whatever title known, shall give bond in an amount fixed by the City Council for the faithful performance of his duties and the proper accounting of all funds coming into his hands by virtue of his office.

Section 9.62. Tax Collector. The Collector of Taxes for the city, by whatever title known, shall give bond in an amount fixed by the City Council for the faithful performance of his duties and the proper accounting of all funds coming into his hands by virtue of his office.

Section 9.63. City Council to Provide. The City Council shall provide for payment of the official bonds of the Treasurer and the Collector of Taxes for the city and may provide for payment of bonds of all other officers and employees as the City Council may deem in the public interest. Such other officers and employees may be covered by a blanket fidelity bond in lieu of individual bonds.

Subchapter E. Contracts and Purchases.

Section 9.81. Bid Deposits. The city may, in connection with bids on purchases and contracts to the city, accept as a bid deposit: cash; a cashier's check issued by or certified check drawn on a bank insured by the Federal Deposit Insurance Corporation; a United States Money Order payable to the City of Charlotte; or a bid bond issued by an insurance company authorized to engage in such business in North Carolina.

Section 9.82. Certain Contracts in Writing. Contracts of the City of Charlotte involving more than one thousand dollars ($1,000.00) shall be in writing, and G. S. 160-279 shall only govern and control contracts of the city in excess of one thousand dollars ($1,000.00).

Subchapter F. Conflict of Interest.

Section 9.101. Penalty. It shall be unlawful for the Mayor or any member of the Council, or other officer or employee of the city, directly or indirectly, to become an independent contractor for work done by the city, or to become directly or indirectly financially interested in, or receive profits from any purchase by the city. Any such person or persons violating this provision shall be guilty of a misdemeanor.

Subchapter G. Joint Performance of Functions, Activities and Services.

Section 9.121. Purpose and Power. For the purpose of enabling the more efficient and/or economical administration and performance of functions, activities and services, the City of Charlotte and the County of Mecklenburg are hereby authorized, whenever it is deemed in the best interests of their citizens, to enter into written agreements for the joint performance of any and all functions, activities and services which each is now or hereafter authorized to undertake, perform and carry on. Such joint performance may be carried on through consolidation of existing agencies or departments or through the creation and establishment of new agencies or departments and may include institutions or buildings now existing or hereafter constructed, owned and operated, either singly or jointly.

Section 9.122. Provisions of Agreements. Such written agreements shall set forth: the functions, activities, and services to be thus jointly carried on; the manner of administration thereof; the manner in which the expenses thereof shall be apportioned; and the manner in which any fees or revenues derived therefrom shall be apportioned. Such agreements may specify the term thereof and they may be terminated by either party thereto upon one year's written notice to the other party of intention to terminate, and such agreements may be amended from time to time upon the mutual consent of the city and the county. Upon the ratification of such agreements by the governing bodies of the city and the county, they shall be spread upon their respective minutes.

Section 9.123. Effect of Agreements. Whenever any such agreement has been ratified, then the consolidated agency, department or institution designated or created to carry on such joint performance, shall be vested with all the powers, rights, duties, functions and jurisdiction pertaining to the function, activity or service to be jointly performed, theretofore existing or thereafter granted by law and vested in the city, the county, or both, and in the agencies, departments or institutions so consolidated or created.

Section 9.124. Agreements With Other Governmental Agencies. The City of Charlotte is hereby authorized to enter into similar written agreements as provided hereinabove, with any other governmental agency having similar authority.

Sec. 2. The purpose of this Act is to revise and reorganize the Charter of the City of Charlotte and to consolidate into it certain local Acts concerning the property, affairs and government of the city. All rights and liabilities that have accrued as of the effective date of this Act under the Charter of the City of Charlotte are hereby preserved and may be enjoyed or enforced, notwithstanding the express or implied repeal hereby of Acts or parts of Acts constituting said Charter.

Sec. 3. This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following Acts, or amendments thereto even though such Acts or amendments are not expressly set forth herein, except insofar as the same may be in conflict with the provisions of this Act:

                 Session Laws                          Chapters

1963                                 806, 937

1961                                 303, 748

1959                                 113, 114, 135, 378, 556, 723, 852, 871, 931

1957                                 151, 306, 476, 688, 708, 802, 805, 1098

1955                                 123, 124, 317, 378, 859, 897, 1362

1953                                 33, 497, 772, 878, 932, 965

1951                                 387, 922, 1236

1949                                 728, 734, 786, 931, 990, 1062, 1178

1947                                 435, 837, 926

1945                                 24, 318, 423, 650, 789, 821, 832

1943                                 181, 516

Public-Local Laws of 1941          307.

Sec. 4. The following Acts, having served the purpose for which they were respectively enacted, or having become obsolete under existing circumstances or unnecessary because of other provisions of law or because of being carried forward in this Act, are hereby repealed:

                 Session Laws                          Chapters

1963                                 94, 590, 903, 904, 924

1961                                 230, 368, 423, 508, 876, 1113, 1117

1959                                 30, 49, 117, 347, 448, 456, 485, 526, 1103, 1333

1957                                 466, 510, 1359

1955                                 115, 318, 1114

1953                                 590, 742

1951                                 499, 936, 980

1949                                 362, 560, 588, 589, 607, 743, 964, 1036

1947                                 13, 227, 865, 955, 1033

1945                                 195, 253, 259, 355, 356, 519, 590, 620

1943                                 666

Public-Local Laws of 1941          119, 174, 333, 470.

Chapter 366, Public-Local Laws of 1939 and all local laws prior thereto applying only to the City of Charlotte, except as otherwise provided in this Act. In the event that any provisions of Chapter 366, Public-Local Laws of 1939 (being the last prior revision of the Charter of the City of Charlotte) or any provisions of laws amended thereby or amendatory thereto, which are not carried forward expressly, with or without amendments and which are not saved or repealed by this Act, shall remain in full force and effect, either by intent or through inadvertence, then, in such event, any similarity of content, or any conflict or inconsistency with the provisions of this Act shall be resolved by construing the provisions of this Act as superior to and controlling over any such prior provisions.

Sec. 5. This Act shall not be deemed to repeal, modify, nor in any manner to affect any validating laws applying to the City of Charlotte. As used in this Section, the term "validating laws" means laws ratifying, confirming, approving and validating official proceedings (including special assessment and annexation proceedings), actions (including acquisitions and dispositions of property or interests therein), contracts, bonds, or obligations of any kind.

Sec. 6. No provision of this Act is intended, nor shall be construed, to affect in any way any rights or interests:

(a)       Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provision 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 so repealed.

Sec. 7. No law heretofore repealed, expressly or by implication, shall be revived by:

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

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

Sec. 8. (a) All existing city ordinances and resolutions, and all existing rules or regulations of city departments or agencies, not inconsistent with the provisions of this Act shall continue in full force and effect until repealed, modified, or amended.

(b)       All contracts, orders, leases, bonds, and other obligations or instruments entered into by the city or for its benefit prior to the effective date of this Act shall continue in full force and effect. Public improvements initiated prior to such date may be carried to completion in accordance with existing laws or with the provisions of this Act.

(c)       No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this Act by or against or before the city or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

(d)       Nothing in this Act, except as otherwise specifically provided, shall impair the rights of those who are city officers or employees upon its effective date. All persons then holding city offices or positions shall continue therein and in the performance of their duties until provision shall have been made for the performance of such duties or the discontinuance of their offices or positions.

(e)       Any office, position, department, or agency provided for in this Act with a name or with powers and duties the same or substantially the same as those heretofore existing shall be deemed to be a continuation thereof. Any provision of any law, ordinance, resolution, regulation, rule, contract, grant, or other document relating to such a formerly existing office, position, department, or agency provided for in this Act with a name or with powers and duties the same or substantially the same as those heretofore existing, so far as not inconsistent with this Act, shall apply to those provided for in this Act.

(f)        All extensions and purported extensions of the corporate limits of the City of Charlotte are hereby declared to be valid.

(g)       All proceedings of the City Council of the City of Charlotte relating to local improvements, all work carried out according to such proceedings, and all assessments based thereon, are hereby declared to be valid.

Sec. 9. Sections 160-270, and 160-200 (25) [except the last sentence thereof], being inconsistent with this Act, are hereby repealed as to the City of Charlotte.

Sec. 10. 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 the 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. 11. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 12. This Act shall become effective July 1, 1965.

In the General Assembly read three times and ratified, this the 26th day of May, 1965.