NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 288

SENATE BILL 423

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF CORNELIUS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The Charter of the Town of Cornelius is hereby revised and consolidated to read as follows:

"THE CHARTER OF THE TOWN OF CORNELIUS

"ARTICLE I. INCORPORATION AND CORPORATE POWERS

"Sec. 1.1. Incorporation and General Powers. The Town of Cornelius shall continue to be a body politic and corporate under the name and style of the 'Town of Cornelius', and shall continue to be vested with all property and rights which now belong to the Town; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract, may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature; and may pass all ordinances for the good government of the Town and for the promotion of the health, morals, and general welfare of the Town, not inconsistent with the Constitution and laws of the State of North Carolina and the United States of America.

"Sec. 1.2. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the Town, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, if this Charter makes no provisions, as provided by ordinance or resolution of the Board of Commissioners, and as provided by the general laws of North Carolina pertaining to municipal corporations.

"Sec. 1.3. Enumerated Powers Not Exclusive. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein or implied hereby, or those appropriate to the exercise of such powers, the Town of Cornelius shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate.

"ARTICLE II. CORPORATE BOUNDARIES

"Sec. 2.1. Existing Corporate Boundaries. The Corporate boundaries of the Town of Cornelius shall be as follows until changed in accordance with law:

"Beginning at a point in the center line of North Carolina Highway No. 115, said point being on the dividing line between the Town of Cornelius, North Carolina and the Town of Davidson, North Carolina, and runs thence from said beginning point S.2-34-20 W. 838.40 feet to a concrete monument; thence S. 87-25-40 E. 2400.00 feet to a concrete monument; thence S. 2-34-20 W. 6000.00 feet to a concrete monument; thence N. 87-25-40 W. crossing North Carolina Highway No. 115 and a concrete monument a total of 6400.00 feet to a point; thence N. 15-36-50 E. 1772.90 feet to a point; thence N. 2-34-40 E. crossing North Carolina Highway No. 73 a total of 4272.76 feet to a concrete monument; thence S. 87-25-40 E. 1080.00 feet to a point; thence N. 24-15-00 W. 1474.00 feet to a point; thence N. 71-51-45 E. 544.70 feet to a point; thence S. 24-26-30 E. 224.0 feet to a point; thence N. 83-18-30 E. 1392.00 feet to a concrete monument; thence S. 71-00-00 E. 1251.07 feet to a concrete monument; in the common dividing line between the Town of Cornelius and the Town of Davidson; thence S. 2-34-20 W. 340.36 feet to a point in the center line of the said North Carolina Highway No. 115, the point or place of beginning; All as shown on the plat or survey of the Corporate Limits of the Town of Cornelius, North Carolina, prepared by T. L. Brotherton, Registered Surveyor, and dated August, 1962, together with a small triangular parcel of land lying adjacent thereto, as shown on a survey of T. L. Brotherton dated March 22, 1965.

"Sec. 2.2. Extension of Corporate Boundaries. All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.

"ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

"Sec. 3.1. Composition of Board of Commissioners. The Board of Commissioners shall consist of five members to be elected by the qualified voters of the Town voting at large in the manner provided in Article IV.

"Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall be elected by and from the qualified voters of the Town voting at large in the manner provided in Article IV. The Mayor shall be the official head of the Town government and shall preside at all meetings of the Board of Commissioners. Where there is an equal division on a question, the Mayor shall determine the matter by his vote, but he shall vote in no other case. The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the Town. The Board of Commissioners shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.

"Sec. 3.3. Terms; Qualifications; Vacancies. (a)  The Mayor shall serve for a term of two years and members of the Board of Commissioners shall serve for terms of two years, beginning the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this Charter; provided, they shall serve until their successors are elected and qualify.

(b)       No person shall be eligible to be a candidate or be elected as Mayor or as a member of the Board of Commissioners or to serve in such capacity, unless he is a resident and a qualified voter of the Town.

(c)       In the event a vacancy occurs in the office of Mayor or Commissioner, the Board of Commissioners shall by majority vote appoint some qualified person to fill the same for the remainder of the unexpired term.

"Sec. 3.4. Compensation of Mayor and Commissioners. The Mayor and members of the Board of Commissioners shall receive for their services such salaries as may be provided pursuant to law.

"Sec. 3.5. Organization of Board; Oaths of Office. The Board of Commissioners shall meet and organize for the transaction of business at a time established by ordinance, following each biennial election and prior to July 1. Before entering upon their offices, the Mayor and each Commissioner shall take, subscribe, and have entered upon the minutes of the Board the following oath of office: "I, _________________,do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of                                                                                                          , on which I am about to enter, according to my best skill and ability; so help me God."

"Sec. 3.6. Meetings of Board. (a)  The Board of Commissioners shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the Mayor or a majority of the Board, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

(b)       All meetings of the Board shall be open to the public. The Board shall not by executive session or otherwise formally consider or vote upon any question in private session. Provided: The Board may deliberate and vote in private on matters pertaining to personnel or property acquisition.

"Sec. 3.7. Quorum; Votes. (a)  A majority of the members elected to the Board of Commissioners shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

(b)       Three affirmative votes, which may include the vote of the Mayor in case of equal division among the Commissioners, shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of those present and voting.

"Sec. 3.8. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the Board. The enacting clauses of all ordinances shall be: "Be it ordained by the Board of Commissioners of the Town of Cornelius". All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. ELECTION PROCEDURE

"Sec. 4.1. Regular Elections. Regular municipal elections shall be held on the first Monday in May of each odd-numbered year, beginning in 1971. In the regular 1971 election, and every two years thereafter, there shall be elected by the qualified voters of the Town voting at large a Mayor and five Commissioners.

"Sec. 4.2. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of Mayor or Commissioner shall file with the Town Clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than sixty (60) days nor later than five o'clock p.m. on the third Friday preceding the election at which he offers his candidacy, shall be accompanied by payment of a filing fee to be determined by the Board by ordinance or resolution, but not to exceed Twenty-Five Dollars ($25), shall be signed in the presence of the City Clerk or his designee, and shall be substantially in the following form: 'I,                   , do hereby give notice that I am a candidate for the election to the office of (Mayor) (Commissioner), to be voted on at the election to be held on , and I hereby request that my name be placed on the official ballot for such office. I also certify that I am a resident and qualified voter of the Town of Cornelius, residing at                                                                                                                  .

Date                                                                                                                               

                                                                                                   (Signature)

"Sec. 4.5. Ballots. No names other than those of candidates who have properly filed notice as herein required shall be printed upon the ballots for any municipal election.

"Sec. 4.6. Voting. In each election, each qualified voter shall be entitled to vote for one candidate for each office to be filled.

"Sec. 4.7. Regulation of Elections. All municipal elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise herein provided.

"ARTICLE V. TOWN ATTORNEY

"Sec. 5.1. Appointment; Qualifications; Term; Compensation. The Board of Commissioners shall appoint a Town Attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the Town during his tenure. The Town Attorney shall serve at the pleasure of the Board of Commissioners and shall receive such compensation as the Board shall determine.

"Sec. 5.2. Duties of Town Attorney. It shall be the duty of the Town Attorney to prosecute and defend suits for and against the Town; to advise the Mayor, Board of Commissioners, and other Town officials with respect to the affairs of the Town; to draw legal documents relating to the affairs of the Town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; and to perform such other duties as may be required of him by virtue of his position as Town Attorney.

"ARTICLE VI. ADMINISTRATIVE OFFICERS AND EMPLOYEES

"Sec. 6.1. Town Clerk and Treasurer. The Board of Commissioners may appoint a Town Clerk to keep a journal of the proceedings of the Board of Commissioners and to maintain in a safe place all records and documents pertaining to the affairs of the Town, and to perform such other duties as may be required by law or as the Board of Commissioners or Mayor may direct. The Town Treasurer shall be the custodian of all moneys of the Town and shall keep and preserve the same in such place or places as shall be determined by the Board of Commissioners. The Town Clerk shall collect all taxes, licenses, fees and other moneys belonging to the Town, subject to the provisions of this Charter and the ordinances of the Town, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

"Sec. 6.2. Town Accountant. The Board of Commissioners may appoint a Town Accountant to perform the duties of the Accountant as required by the Municipal Fiscal Control Act.

"Sec. 6.3. Change of Functions. The Board of Commissioners may consolidate any two or more of the duties of safe keeping of Town Records, safe keeping of Town moneys, the collecting of Town moneys, and the duties of the Town Accountant under the office of any one or more persons, or may assign the functions to the holder or holders of any position. The Mayor may, with the approval of the Board of Commissioners, himself perform all or any of the functions listed in this article, in lieu of appointment of other persons to perform the same.

"ARTICLE VII. FINANCE AND TAXATION.

"Sec. 7.1. Custody of Town Money. All moneys received by the Town for or in connection with the business of the Town government shall be paid promptly into the Town depository. Such institution shall be designated by the Board of Commissioners in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the Town shall accrue to the benefit of the Town. All moneys belonging to the Town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

"Sec. 7.2. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the Town government by a certified public accountant or a qualified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the Town or of any of its officers. The Board of Commissioners shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the Town, and may be published if so ordered by the Board of Commissioners.

"ARTICLE VIII. DISPOSAL OF PROPERTY

"Sec. 8.1. Disposal of Surplus Real Property. Subject to the provisions of subsection (c) of this Section, the Mayor and Board of Commissioners shall have power, in addition to the power granted by G.S. 160-59, by their unanimous vote to dispose of any real property which the Board has declared to be surplus, in the following manner:

(a)       without bids or advertisement, at private sale, if the property has a market value of not more than Ten Thousand Dollars ($10,000); or at public auction, if so determined by the Board of Commissioners.

(b)       without bids or advertisement, by exchange for real property of like or greater market value.

(c)       no sale or exchange of real property authorized by this Section shall be ordered by the Mayor and Board of Commissioners unless they shall have caused to be published at least once in each of the two calendar weeks immediately preceding the vote authorizing such sale in a newspaper having general circulation in the Town a notice of their intention to consider such sale or exchange.

"Sec. 8.2. Disposal of Surplus Personal Property. The Board of Commissioners shall have power in addition to the power granted by G.S. 160-59, to sell or to direct any of its officers or employees to sell any personal property, which the Board has declared to be surplus, in the following manner:

(a)       without bids or advertisement, at private sale, if the property has a market value of Two Thousand Dollars ($2,000), or less; or at public auction, if so determined by the Board of Commissioners;

(b)       to the highest bidder upon receipt of informal written bids, with only such advertisement as the Board may direct, if the property has a market value of more than Two Thousand Dollars ($2,000) but no more than Five Thousand Dollars ($5,000); provided, that such bids received shall be recorded on the minutes of the Board; or at public auction, if so determined by the Board;

(c)       to the highest bidder upon receipt of sealed bids after one week's public notice, if the property has a market value in excess of Five Thousand Dollars ($5,000); provided, all such sealed bid proposals shall be opened in public and recorded on the minutes of the Board; or at public auction, if so determined by the Board.

"ARTICLE IX. POLICE

"Sec. 9.1. Appointment; Qualifications; Compensation. The Board of Commissioners shall have the power to appoint a Chief of Police and one or more police officers, and prescribe the terms of their offices and their duties, and fix their salaries or compensations. These officers may be chosen from among the residents of the Town or from any other place, as the Board may deem best. The officers may execute all process and precepts issued to them, when properly directed, anywhere in the County of Mecklenburg, and the officers may be required by the Board of Commissioners to execute a bond, in a sum fixed by the Board, for the faithful performance of the duties of their office.

"Sec. 9.2. Jurisdiction. (a)  The jurisdiction of the police force is hereby extended to include all territory outside and within one mile of the corporate limits, and all members of the police force shall have within such territory all rights, power and authority as they have within the corporate limits.

(b)       The jurisdiction of the police force is hereby extended to include all Town owned property and facilities whether located within or outside the corporate limits, and all members of the police force shall have upon and within such property and facilities all rights, power and authority as they have within the corporate limits.

"Sec. 9.3. Effect of Ordinance on Town Property. All applicable ordinances of the Town shall have full force and effect upon and within all property and facilities owned by the Town, whether located within or outside the corporate limits.

"ARTICLE X. REGULATORY POWERS.

"Sec 10.1. Subdivision Regulations. Notwithstanding the provisions of G.S. 160-227, the Board of Commissioners is hereby authorized to adopt an ordinance regulating the subdivision of land in accordance with the provisions of G.S. 160-226 through 160-227, inclusive. Such ordinance may also provide for the more orderly development of subdivisions by requiring the construction of community service facilities, including water lines; sewer lines; street paving, curbing, and guttering; and street and storm drainage facilities in accordance with Town standards and specifications and to assure compliance with such requirement, the ordinance may require the posting of bond or such other method as will offer guarantee of compliance.

"Sec. 10.2. Regulatory Codes. The Board of Commissioners is hereby authorized to make effective and to enforce within the Town and within the territory lying outside the corporate limits and within one mile thereof, but not within any other municipality, all ordinances and codes of the Town regulating the construction and repair of buildings, including building codes, plumbing codes, electrical codes, heating and air conditioning codes, fire prevention codes, minimum housing codes adopted pursuant to Article 15 of Chapter 160 of the General Statutes, and ordinances adopted pursuant to G.S. 160-200(28) relating to unsafe buildings. In event the area within one mile of the Town is within one mile of more than one municipality, the jurisdiction of each such municipality shall terminate at a boundary line equidistant from the respective corporate limits of each such municipality. In addition, the Board of Commissioners is hereby authorized to enforce in such area the North Carolina State Building Code, the North Carolina State Plumbing Code, and the North Carolina Uniform Residential Building Code, all as published by the North Carolina Building Code Council. Such enforcement powers shall include the power to require that prior to the beginning of any construction, reconstruction, or alteration of any building or structure or any part or system thereof within such area, the appropriate permit or permits be obtained from the City; provided, that the Board of Commissioners may by ordinance require that the contractor or other person charged with such construction, reconstruction, or alteration secure such permit or permits, rather than requiring the owner of the property to do so.

The powers herein granted by this Section shall be exercised by the Town of Cornelius within the territory lying outside the corporate limits of the Town and within one mile thereof only in the event that Mecklenburg County does not exercise such powers within the said territory.

"ARTICLE XI. BUSINESS AND TRADE

"Sec. 11.1. Board of Commissioners May Levy License and Franchise Taxes. That the Board of Commissioners may license and regulate all businesses or occupations whatsoever which in the opinion of the said Board of Commissioners should be proper subjects for police regulations. Any person, firm, or corporation desiring to engage in any business or occupation or to do any act upon which a special tax is imposed by the said Board of Commissioners shall before engaging therein obtain a license from the clerk of the said town; and any person engaging in any such business, trade, occupation, profession, etc., without first obtaining said license shall be guilty of an offense against the ordinances of the said town, and may be punished as provided therein. No license shall be issued for a longer period than one year, and no license shall be assignable, except by permission of the said Board of Commissioners.

"ARTICLE XII. MUNICIPALLY OWNED UTILITIES

"Sec. 12.1. Town May Own and Operate Electric, Gas, Water and Sewerage Systems and Make Regulations for Said Operation. The Town of Cornelius may buy, own, construct, establish, maintain and operate systems of electricity, gas, sewerage and water; and may make, regulate and establish public wells, cisterns, hydrants, reservoirs, pumping and filtering plants, pipe lines, sewerage disposal plants, stations and standpipes anywhere within the said town or beyond the limits thereof, for the use of said town, and may make such rules and regulations as it may deem proper for the management of the said water, gas, electric and sewer systems. The said town may require the owners, tenants or occupants of all property which may be located upon or near any street or alley along which may extend any municipal sewer or water system to connect with the said sewer and water systems, all waterclosets, bathrooms, privies, tubs, sinks or drains located upon their respective property or premises, and upon a failure to do so the owner, tenant or occupant of said property may be fined or imprisoned, as provided by ordinance of said town. The Board of Commissioners may appoint and employ a Director of Utilities and Public Works, whose duty it shall be to supervise the operation of any and all of the above systems and to supervise the maintenance of the streets and other public works carried on by the town.

"ARTICLE XIII. CLAIMS AGAINST THE TOWN

"Sec. 13.1. Presentation of Claims; Suit Upon Claims.

(a)       All claims or demands against the Town of Cornelius arising in tort or in contract shall be presented to the Board of Commissioners in writing, signed by the claimant, his attorney or agent, within ninety days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within thirty days or after the expiration of twelve months from the time said claim or demand is so presented. Unless the claim or demand is so presented within ninety days after the cause of action accrues, and unless suit is brought within twelve months thereafter, any action thereon is barred.

(b)       No action shall be instituted against the Town on account of damages to or compensation for real property taken or used by the Town for any public purpose, or for the ejectment of the Town therefrom, or to remove a cloud upon the title thereof, unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend shall have given notice in writing to the Board of Commissioners of the claim, stating in the notice the date that the alleged use commenced, a description of property alleged to have been used, and the amount of the damage or compensation claimed.

(c)       Notwithstanding the provisions of subsections (a) and (b) of this Section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of his incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after termination of the incapacity, or within three years after the happening or the infliction of the injury complained of, whichever is the longer period. The Town may at any time request the appointment of a next friend to represent any person having a potential claim against the Town and known to be suffering from physical or mental incapacity.

"Sec. 13.2. Settlement of Claims by Board of Commissioners. The Board of Commissioners may settle claims against the Town for personal injuries or damages to property or the taking of private property. Settlement of a claim by the Board of Commissioners pursuant to this Section shall constitute a complete release of the Town from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such settlements, and all such releases, shall be approved in advance by the Town Attorney."

Sec. 2.  The purpose of this Act is to revise the Charter of the Town of Cornelius and to consolidate herein certain acts concerning the property, affairs, and government of the Town. It is intended to continue without interruption those provisions of prior acts which are consolidated into this Act, so that all rights and liabilities that have accrued are preserved and may be enforced.

Sec. 3.  This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following acts, portions of acts, or amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set forth herein:

(a)       Any acts concerning the property, affairs, or government of public schools in the Town of Cornelius;

(b)       Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.

Sec. 4.  All acts or portions of acts which compose the Charter of the Town of Cornelius, whether or not such acts, portions of acts, or amendments are expressly set forth herein, having served the purposes for which they were enacted, or having been consolidated into this Act, are hereby repealed.

Sec. 5.  No provision of this Act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

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

Sec. 6.  No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revised 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 effect enumerated or designated laws.

Sec. 7.  (a)  All existing ordinances and resolutions of the Town of Cornelius, and all existing rules or regulations of departments or agencies of the Town of Cornelius, not inconsistent with the provisions of this Act, shall continue in full force and effect until repealed, modified or amended.

(b)       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 the Town of Cornelius or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

Sec. 8.  Severability.  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 this 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. 9.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10.  This Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 4th day of May, 1971.