NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 140

HOUSE BILL 364

 

AN ACT TO AMEND CHAPTER 916 OF THE SESSION LAWS OF 1969, AMENDING THE CHARTER OF THE CITY OF CHARLOTTE, TO ENLARGE THE VOTING POWERS OF THE MAYOR.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 916, Session Laws of the General Assembly of North Carolina of 1969, amending the Charter of the City of Charlotte, is hereby amended as follows:

(a)       Amend Chapter III, Subchapter B, Section 3.23(b) by deleting it in its entirety, and substituting in lieu thereof the following:

"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, or as provided herein. 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 provided in this section, motions, resolutions and ordinances will be deemed adopted if passed upon one reading. Provided: as to ordinances, unless they are approved by at least six members of the council, the mayor shall have the power to provide for a period of additional deliberation by postponing the passage of the ordinance until the next regular or special meeting of the council. An ordinance postponed for additional deliberation by the mayor shall automatically be on the agenda at the next regular or special meeting of the council, but shall not become effective until reapproved by the council with at least five members voting in the affirmative at such regular or special meeting of the council. In the absence of the mayor, the mayor pro tempore shall preside, but shall not have postponement power, 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. Provided further, however, the mayor shall have a vote in the consideration of amendments to zoning ordinances when said amendments are the subject of a valid protest as defined by General Statute 160-176 (or any statute amending or replacing it). In voting on amendments to zoning ordinances, the mayor shall be deemed a member of the legislative body as that term is used in General Statute 160-176 (or any statute amending or replacing it). All final votes of the City Council involving the expenditure of three thousand dollars ($3,000.00) or more shall be by yeas and nays and shall be entered upon the records."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 1st day of April, 1971.