NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 561

SENATE BILL 467

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF SWANSBORO AND TO REPEAL PRIOR CHARTER ACTS.

 

The General Assembly of North Carolina do enact:

 

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

"THE CHARTER OF THE TOWN OF SWANSBORO

"Article I. INCORPORATION AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The Town of Swansboro shall continue to be a body politic and corporate under the name and style of the "Town of Swansboro"; 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.

"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 provision, 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 Swansboro 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 Swansboro until changed in accordance with laws, shall be and include the following contiguous areas:

Beginning at the mouth of a small creek emptying into White Oak River just North of the Swansboro School property, being the beginning point of the old corporate boundary, and running thence up and with said small creek with its various courses to the "Frog Pond", being the Frog Pond mentioned in the old incorporation act, at the southwest side of the old Swansboro-Jacksonville (dirt) highway, being the prolongation or extension of Main Street; thence with the West side of said old highway to Wise's Branch; thence with Wise's Branch southwestwardly with its various courses to N.C. Highway No. 24, and continuing under and beyond said highway to the point where said Wise's Branch flows into Hawkin's Creek; thence with the various courses of Hawkin's Creek to the U.S. Inland Waterway; thence southeastwardly with the North side of said Inland Waterway to Beacon No. 46-A on said Inland Waterway in line with the prolongation or extension of Front Street; thence continuing on with the North side of said U.S. Inland Waterway to the dividing line between Onslow and Carteret Counties; thence northeastwardly with said dividing line between the two said counties to a point due southeast of the chimney top of the Swansboro School heating plant; thence from said point a straight course to the point of beginning.

Beginning at a point in the center line of N.C. Highway 24 at a point where Wises Branch crosses said Highway; said point also being in the present corporate limit line; thence with the run of Wises Branch and the present corporate limit line the following courses: South 63 degrees 59 minutes East 349.81 feet; South 14 degrees 41 minutes West 315.25 feet; south 16 degrees 59 minutes East 477.1 feet; South 29 degrees 35 minutes East 52.7 feet and South 12 degrees 30 minutes East 113.0 feet to a point at the head of Hawkins Creek; thence with the edge of the marsh South 25 degrees 30 minutes West 78.0 feet; South 60 degrees 35 minutes West 111.0 feet and North 68 degrees 25 minutes West 145.0 feet to J. R. Freshwater's corner in Hatchell's line; thence with the Hatchell and Ward Heirs line North 39 degrees 29 minutes West 231.51 feet to a point; thence North 41 degrees 02 minutes West 137.2 feet to a point; thence South 56 degrees 01 minutes West 150.0 feet to a point; thence North 41 degrees 02 minutes West 100.0 feet to a point; thence South 56 degrees 01 minutes West 376.88 to a concrete monument in the Easterly right-of-way line of State Road No. 1513; said monument being located 1,207.08 feet from the Southerly right-of-way line of State Road No. 1512 (Hammocks Road) when measured along the Easterly right-of-way line of State Road No. 1513 in a Southerly direction; thence South 62 degrees 27 minutes West 60.0 feet to a point in the Westerly right-of-way line of State Road No. 1513; thence with the Westerly right-of-way line of State Road No. 1513 North 27 degrees 33 minutes West 1,207.08 feet to the point of intersection with the Southerly right-of-way line of State Road No. 1512; thence with the Southerly right-of-way line of State Road No. 1512 South 59 degrees 30 minutes West 952.0 feet; thence crossing State Road No. 1512 and with Glancy's line North 16 degrees 10 minutes West 1,943.65 feet to a point in the center of Halls Branch; thence up Halls Branch in a Northeasterly direction 250.98 feet to the Meadows corner; thence with Meadows and Phillips line South 20 degrees 33 minutes East 185.61 feet to Parrish corner; thence with the Parrish and Meadows line North 51 degrees 10 minutes East 418.8 feet to a point; thence North 40 degrees 55 minutes East 311.0 feet to a point in the Southerly right-of-way line of N. C. Highway 24; thence with the right-of-way line of N.C. Highway 24 South 55 degrees 11 minutes East 230.0 feet to a concrete monument in the Ward Heirs line; thence North 72 degrees 54 minutes East 63.52 feet to a tack in the center line of N. C. Highway 24; thence North 76 degrees 26 minutes East 66.76 feet to a concrete monument in the Northerly right-of-way line of N. C. Highway 24, said monument also being the Ward Heirs line; thence with the Ward Heirs line North 76 degrees 25 minutes 50 seconds East 886.96 feet to an iron stake, Frank LeCraft's corner in Ward Heirs line; thence North 27 degrees 58 minutes East 256.96 feet to a concrete monument in the Southerly right-of-way line of State Road No. 1447; thence with the right-of-way of State Road No. 1447 South 69 degrees 43 minutes East 619.36 feet to a concrete monument, Carney's Corner; thence with Carney's and Ward Heirs line South 30 degrees 55 minutes 30 seconds East 953.24 feet to a concrete monument in the Northerly right-of-way line of State Road No. 1512; thence crossing State Road No. 1512 South 30 degrees 55 minutes 30 seconds East 60.0 feet to a concrete monument in the Southerly right-of-way of State Road No. 1512; thence with Ward Heirs and Catholic Church line South 35 degrees 14 minutes East 994.34 feet to a concrete monument in Wises Branch; said monument being a point in the present corporate limits line; thence with Wises Branch and present corporate limits line South 50 degrees 38 minutes West 131.30 feet to a point; thence South 69 degrees 14 minutes West 290.0 feet to a tack in the center line of N. C. Highway 24, the point of beginning.

"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 four 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 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 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 shall receive for his services such salary as the Board of Commissioners shall determine, but no reduction in his salary shall be made to take effect during the term in which it is voted. The Board may establish a salary for its members which may be increased or reduced.

"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 oath of office required by Article VI, Section 7 of the Constitution of North Carolina.

"Sec. 3.6. Meetings of Council. (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.

"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 Board, 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 Swansboro". All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. ELECTION PROCEDURE

"Sec. 4.1. Regular Elections. Elections shall be held biennially in odd-numbered years on the day set by general law for municipal elections. In each election, the candidate for Mayor who receives the largest number of votes cast for Mayor shall be declared elected for a term of two years and the four candidates for Commissioner who receive the largest numbers of votes cast for Commissioner shall be declared elected for terms of two years.

"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 the statement or notice, accompanied by the appropriate filing fee, as required by general law.

"Sec. 4.3. Regulation of Elections. All Town 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 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 all 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; to attend all meetings of the Board of Commissioners when required by the Board; 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. The Board of Commissioners shall 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 may direct.

"Sec. 6.2. Town Tax Collector. The Board of Commissioners may appoint a Tax Collector to 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. 6.3. 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. 6.4. Consolidation of Functions. The Board of Commissioners may, in its discretion, consolidate any two or more of the positions of Town Clerk, Town Tax Collector, and Town Accountant, or may assign the functions of any one or more of these positions to the holder of any other of these positions. The Board of Commissioners may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named offices, in lieu of appointing 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 or depositories. Such institutions 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 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 certified 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. POLICE

"Sec. 8.1. Jurisdiction Extended. (a)  The jurisdiction of the police force is hereby extended to include all unincorporated 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. 8.2. Effect of Ordinances 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 IX. SIDEWALK IMPROVEMENTS

"Sec. 9.1. Sidewalks; Assessment of Costs. In addition to any authority which is now or may hereafter be granted by general law to the Town for making sidewalk improvements, the Board of Commissioners is hereby authorized to order to be made or to make sidewalk improvements or repairs without petition according to standards and specifications of the Town, and to assess the total cost thereof against abutting property owners.

"Sec. 9.2. Assessment Procedure. In ordering sidewalk improvements without a petition and assessing the cost thereof under authority of this Article, the Board of Commissioners shall comply with the procedure provided by those provisions of the General Statutes relating to street and sidewalk assessments, except those provisions relating to the petition of property owners and the sufficiency thereof.

"Sec. 9.3. Effect of Assessments. The effect of the act of levying assessments under authority of this Article shall for all purposes be the same as if the assessments were levied under authority of the General Statutes.

"ARTICLE X. CLAIMS AGAINST THE TOWN

"Sec. 10.1. Presentation of Claims; Suit Upon Claims. (a)  All claims or demands against the Town of Swansboro 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. 2.  The purpose of this act is to revise the Charter of the Town of Swansboro 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 Swansboro, or the Historic Swansboro Commission.

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

Sec. 4.  (a)  The following acts or portions of acts, having served the purposes for which enacted, or having been consolidated into this act, are hereby repealed:  c. 233, Private Laws of 1848-49; c. 217, Private Laws of 1858-59; c. 10, Private Laws of 1865-66; c. 92, Private Laws of 1876-77; c. 207, Private Laws of 1895; c. 364, Private Laws of 1899; c. 118, Private Laws of 1917; c. 142, Private Laws of 1917; c. 1055, Session Laws of 1947; c. 249, Session Laws of 1951; c. 905, Session Laws of 1951; c. 443, Session Laws of 1955.

(b)       c. 405, Session Laws of 1957, is hereby repealed as to the Town of Swansboro.

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 provision 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 revived by:

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

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

Sec. 7.  (a)  All existing ordinances and resolutions of the Town of Swansboro, and all existing rules or regulations of departments or agencies of the Town of Swansboro, 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 Swansboro 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 become effective upon its ratification.

In the General Assembly read three times and ratified, this the 15th day of June, 1971.