NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 20

SENATE BILL 36

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF GOLDSBORO, NORTH CAROLINA, AS REVISED, REORGANIZED AND AMENDED BY CHAPTER 447 OF THE SESSION LAWS OF 1961, AS AMENDED.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 2, entitled "CITY ELECTIONS", of Chapter 447 of the Session Laws of 1961, as amended to-date, the same being the Charter of the City of Goldsboro, is hereby amended as follows:

(a)       By amending and rewriting Section 1, entitled "Regular Municipal Elections" to read as follows:

"Section 1.  Regular Municipal Elections.  There shall be at the regular municipal election to be held the first Tuesday after the first Monday in May 1971, and biennially thereafter, elected from among the duly registered and qualified voters of the city a mayor and five aldermen who shall hold their respective offices for a term of two years and until their successors are duly elected and qualified.  In such regular municipal election, the candidate receiving the largest number of votes for mayor shall be declared the duly elected mayor for the ensuing term, and the five candidates receiving the largest number of votes for aldermen shall be declared the duly elected aldermen for the next ensuing term.  In the event that there should be an equal number of votes for the candidates for the office of mayor, or an equal number of votes for two or more candidates for the offices of aldermen and such tie or ties must be resolved to determine the identity of the five aldermen to be declared elected to such office, then the question and result shall be determined by lot under the supervision of the Chairman of the Wayne County Board of Elections.  In such regular municipal election no write-in votes shall be permitted or counted."

(b)       By amending and rewriting Section 2, entitled "Municipal Primary Election", to read as follows:

"Sec. 2. Municipal Primary Election. The municipal primary election, if one be required, for the nomination of candidates for office of mayor and aldermen shall be held on the second Tuesday preceding the regular municipal election. Such municipal primary election shall be a nonpartisan primary and all residents of the city who are registered and qualified to vote in the regular municipal election shall be qualified and eligible to vote in the municipal primary election. In such regular primary election no write-in vote shall be permitted or counted."

Sec. 2.  Article 4, entitled "MAYOR", of Chapter 447 of the Session Laws of 1961, as amended to-date, the same being the Charter of the City of Goldsboro, is hereby amended as follows:

(a)       By deleting from Section 3, entitled "Duties of the Mayor", the second sentence thereof which reads "He shall be the judge of the mayor's court as the same is referred to and authorized in this Charter".

(b)       By amending and rewriting Section 4, entitled "Mayor Pro Tem; Duties;, to read as follows:

"Sec. 4. Mayor Pro Tem; Duties. The mayor pro tem shall, during the absence or disability of the mayor, perform all of the duties of the mayor."

Sec. 3.  Article 13, entitled "COURTS", of Chapter 447 of the Session Laws of 1961, as amended to-date, the same being the Charter of the City of Goldsboro, is hereby repealed in its entirety.

Sec. 4.  Chapter 447 of the Session Laws of 1961, as amended to-date, the same being the Charter of the City of Goldsboro, is hereby amended by inserting therein a new article to be numbered Article 13 and entitled "PUBLIC TRANSPORTATION" and to read as follows:

"ARTICLE 13. PUBLIC TRANSPORTATION

"Section 1. The City of Goldsboro is hereby fully authorized and empowered to provide for the citizens of Goldsboro a public transportation system by whatever means and within such territory in or outside the city limits as its governing body in its discretion might deem most practical and efficient to serve the needs of its citizens for public transportation.

"Sec. 2. In the event the governing body of the city shall deem it in the public interest to grant a franchise to some private person, firm or corporation for the operation of such a public transportation system, the city is hereby fully and specifically authorized and empowered to subsidize such operation by such private person, firm or corporation in such amounts and for such a term as the governing body may in its discretion deem to be reasonable, practical and in the public interest. Any such subsidies may be paid from general city revenues or non-tax revenues which might be used legally for any other similar public purpose at the time such subsidy is made."

Sec. 5.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of February, 1971.