NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 73

SENATE BILL 185

 

AN ACT TO INCORPORATE THE TOWN OF MINT HILL IN MECKLENBURG COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The following provisions of law shall constitute the Charter of the Town of Mint Hill in Mecklenburg County:

"THE CHARTER OF THE TOWN OF MINT HILL

"ARTICLE I. INCORPORATION AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The inhabitants of the area described in Section 2.1 of this Charter shall be and constitute a body politic and corporate under the name of the 'Town of Mint Hill', and shall be vested with all property which may be acquired by the Town, and all rights herein delegated to it; 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.

"Section 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 Mint Hill 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. Corporate Boundaries. The corporate boundaries of the Town of Mint Hill shall be as follows until changed in accordance with law:

BEGINNING at the center line of North Carolina Highway #51 (also known as Mint Hill Road), at a point 700 feet South of Highway #51's intersection with Mint Wood Drive south of the Mint Hill community in Mecklenburg County, North Carolina; thence North 60 degrees West 250 feet to a point; thence North 8 degrees East 500 feet to a point; thence North 66 degrees West 2000 feet to a point; thence North 12 degrees East 1875 feet to a point; thence North 33 degrees West 280 feet to a point; thence South 62 degrees West 450 feet to a point; thence North 64 degrees West 1500 feet to a point; thence North 36 degrees East 3700 feet to a point; thence North 35 degrees West 1925 feet, crossing Lawyers Road, to a point; thence South 80 degrees West 250 feet to a point; thence North 32 degrees West 630 feet to a point; thence North 80 degrees West 550 feet to a point; thence North 51 degrees West 625 feet to a point; thence North 29 degrees East 875 feet to a point; thence North 18 degrees West 2260 feet to a point; thence North 64 degrees East 2050 feet to a point; thence, crossing Wilgrove Road, North 15 degrees East 2500 feet to a point; thence North 56 degrees West 1350 feet to a point; thence North 30 degrees East 1260 feet to a point; thence North 32 degrees West 1750 feet to a point; thence North 70 degrees East 2600 feet to a point; thence North 52 degrees East 1900 feet to a point; thence South 32 degrees East 600 feet to a point; thence South 56 degrees East 2800 feet to a point; thence North 63 degrees East 250 feet to a point; thence South 64 degrees East 2625 feet to a point; thence North 70 degrees East 1250 feet to a point; thence South 20 degrees East 1500 feet to a point; thence South 41 degrees West 875 feet to a point; thence South 24 degrees East 500 feet to a point; thence North 53 degrees East 700 feet to a point; thence South 70 degrees East 500 feet to a point; thence South 50 degrees East 480 feet to a point; thence due South 300 feet to a point; thence South 43 degrees East 350 feet to a point; thence North 37 degrees East 1375 feet to a point; thence, crossing Flowe Road, South 27 degrees East 760 feet to a point; thence North 62 degrees East 1600 feet to a point; thence South 31 degrees West 750 feet to a point; thence South 29 degrees East 1000 feet to a point; thence due South 375 feet to a point; thence, crossing Brief Road, South 31 degrees East 1500 feet to a point; thence South 23 degrees West 500 feet to a point; thence South 09 degrees East 470 feet to a point; thence South 36 degrees East 500 feet to a point; thence North 77 degrees East 125 feet to a point; thence, crossing Fairview Road, South 25 degrees East 1450 feet to a point; thence South 80 degrees West 1125 feet to a point; thence South 33 degrees East 625 feet to a point; thence South 23 degrees East 625 feet to a point; thence South 41 degrees East 625 feet to a point; thence South 32 degrees East 625 feet to a point; thence South 77 degrees West 350 feet to a point; thence South 13 degrees West 800 feet to a point; thence North 56 degrees west 450 feet to a point; thence South 59 degrees West 775 feet to a point; thence North 66 degrees West 500 feet to a point; thence South 45 degrees West 1500 feet to a point; thence South 10 degrees East 1000 feet to a point; thence South 20 degrees East 1250 feet to a point; thence South 01 degrees East 1270 feet to a point; thence South 30 degrees East 500 feet to a point; thence South 14 degrees East 1750 feet to a point; thence South 72 degrees West 1700 feet to a point; thence South 01 degrees East 750 feet to a point; thence South 84 degrees West 350 feet to a point; thence South 21 degrees East 950 feet to a point; thence South 11 degrees East 875 feet to a point; thence North 78 degrees West 800 feet to a point; thence North 22 degrees West 375 feet to a point; thence South 65 degrees West 625 feet to a point; thence South 08 degrees West 375 feet to a point; thence South 41 degrees West 600 feet to a point; thence due South 750 feet to a point; thence South 65 degrees West 450 feet to a point; thence, crossing Thompson Road, North 49 degrees West 2250 feet to a point; thence South 67 degrees West 875 feet to a point; thence South 32 degrees East 1500 feet to a point; thence South 76 degrees West 1150 feet to a point; thence North 49 degrees West 1625 feet to a point; thence North 23 degrees East 750 feet to a point; thence North 65 degrees West 2350 feet to a point; thence South 26 degrees West 500 feet to a point; thence North 65 degrees West 850 feet to a point; thence South 84 degrees West 800 feet to a point; thence North 08 degrees East 750 feet to a point; thence North 60 degrees West 250 feet to the point of BEGINNING.

"ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

"Sec. 3.1. Temporary Officers. Until the initial election provided for by Section 4.1 of this Charter, John M. McEwen is hereby appointed Mayor, and James E. Harper, Thomas A Weaver, C. B. Cook, and W. Kenneth Baucom are hereby appointed Commissioners of the Town of Mint Hill, and they shall possess and may exercise the powers granted to the Mayor and Board of Commissioners until their successors are elected and qualify pursuant to this Charter.

"Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall be elected by each newly elected Board of Commissioners from its membership, to serve at the pleasure of the Board, no later than the second regularly scheduled meeting of the newly elected Board. The votes of a majority of those Commissioners present shall be sufficient for election of a Mayor, who shall assume office immediately. The Mayor shall preside at all meetings of the Board of Commissioners, but shall vote only when there is an equal division, for the purpose of resolving a tie vote. The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws, by this Charter, and by the ordinances of the Town. In case of a vacancy in the office of Mayor, the remaining members of the Board of Commissioners shall elect a successor from their membership. The Board 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 shall serve in such capacity at the pleasure of the remaining members of the Board.

"Sec. 3.3. Composition of Board of Commissioners. The Board of Commissioners shall consist of five (5) members to be elected by and from the qualified votes of the Town voting at large in the manner provided by Article IV.

"Sec. 3.4. Terms; Qualifications; Vacancies.

(a)       Except for the initial terms of office hereinbefore specified, the members of the Board of Commissioners shall serve for terms of two (2) 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 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)       If any elected Commissioner shall refuse to qualify, or if there shall be any vacancy in the office of Commissioner after election and qualification, the remaining members of the Board shall by majority vote appoint some qualified person to serve for the unexpired term. Any Commissioner so appointed shall have the same authority and powers as if regularly elected.

"Sec. 3.5. 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 of Commissioners may establish and from time to time change the salaries of its members.

"Sec. 3.6. 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. 3.7. 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 Commissioners, 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 of Commissioners 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. 3.8. 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)       The affirmative vote of a majority of the members of the Board of 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 the members present and voting.

"Sec. 3.9. 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 ayes and noes shall be taken upon all ordinances and resolutions and entered upon the minutes of the Board. The enacting clause of all ordinances shall be: 'Be it ordained by the Board of Commissioners of the Town of Mint Hill.' All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein, or unless some provision of the General Statutes provides otherwise.

"ARTICLE IV. ELECTION PROCEDURE

"Sec. 4.1. Regular Municipal Elections. Regular municipal elections shall be held on the Tuesday after the first Monday in May of each odd-numbered year, beginning in 1971. In the regular election of 1971 and biennially thereafter, there shall be elected five Commissioners for terms of two (2) years each.

"Sec. 4.2. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of Commissioner shall file with the Town Clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than the eighth Friday nor later than five o'clock p.m. on the third Friday prior to the election at which he offers his candidacy, shall be accompanied by payment of a filing fee of five dollars ($5.00), shall be signed in the presence of the Town Clerk, and shall be substantially in the following form: 'I ,                  , do hereby give notice that I am a candidate for election to the office of    , Town of Mint Hill, 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 certify that I am a resident and qualified voter of the Town of Mint Hill, residing at                             .

                                                                                                 (Signature)          

                                                                                                     (Date)              ."

"Sec. 4.3. Regulation of Elections. All municipal elections shall be conducted in accordance with the controlling provisions of the General Statutes of North Carolina, 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 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 requested 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 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 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 monies 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 the functions of 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 or holders of any other of these positions. The Board may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named positions, in lieu of appointing several persons to perform the same.

"Sec. 6.5. Other Employees. The Board of Commissioners may create and fill by appointment such other positions as it deems advisable to insure the efficient administration of the Town's affairs, and may, in its discretion, appoint a person to supervise all Town departments and may delegate to such person the power of appointment and removal of department heads and employees, other than the Town Attorney.

"ARTICLE VII. FINANCE

"Sec. 7.1. Custody of Town Money. All monies 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 monies belonging to the Town shall accrue to the benefit of the Town. All monies belonging to the Town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

"Sec. 7.2. Issuance of Bonds. The Town may issue bonds for the purposes and in the manner prescribed by the General Statutes of North Carolina relating to the issuance of bonds by municipalities.

"Sec. 7.3. Purchases and Contracts. Purchases of apparatus, supplies, materials, and equipment, and contracts for construction or repair work, shall be made in accordance with the General Statutes of North Carolina relating thereto.

"Sec. 7.4. 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.

"Sec. 7.5. Taxation. The territory within the corporate limits, and its citizens and property, shall be subject to municipal taxes levied by the Town for the fiscal year 1971-1972 and subsequent years. The Town may obtain from Mecklenburg County, and the Mecklenburg County Tax Supervisor shall provide upon request, a record of property within the corporate limits which was listed for taxation as of January 1, 1971.

"ARTICLE VIII. CLAIMS AGAINST THE TOWN

"Sec. 8.1. Tort Claims. All claims or demands against the Town arising in tort shall be presented to the Board of Commissioners in writing, signed by the claimant or his attorney or agent, within ninety (90) days after such claim or demand is due or the cause of action accrues. No suit or action shall be brought on such claim or demand within thirty (30) days or after the expiration of twelve (12) months from the time such claim or demand is presented. Unless the said claim or demand is so presented within ninety (90) days, and unless suit is brought within twelve (12) months thereafter, any action thereon shall be barred.

"ARTICLE IX. POLICE

"Sec. 9.1. Police Department. The Town may establish and maintain a Police Department as provided by the General Statutes of North Carolina."

Sec. 2. If any provision of this Act or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, 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. 3. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 11th day of March, 1971.