NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 730

HOUSE BILL 1195

 

AN ACT TO INCORPORATE THE TOWN OF WEST END IN MOORE COUNTY SUBJECT TO AN ELECTION.

 

The General Assembly of North Carolina do enact:

 

Section l.  (a)  The Board of Elections in Moore County is hereby authorized and directed to call and conduct a special election on such date as it shall determine for the purpose of submitting to the qualified voters for the area hereinafter described as the proposed corporate limits of the Town of West End, the question whether or not such area shall be incorporated as a municipal corporation known as the Town of West End.  On the election day, the polls shall be open from 6:30 a.m. until 6:30 p.m.  The Board of Elections for Moore County in conducting the election required to be held by this section shall follow the procedure as outlined in this act and the General Statutes of North Carolina relating to municipal elections where not in conflict with this act.

(b)       A new registration of all qualified voters in the described area shall be conducted for the purpose of registering the names of those who desire to vote in such special election, and in the first election of Town Commissioners in the event the special election results in incorporation. The registration book for such new registration shall be open for the 30 days next preceding the election and shall remain open each day from 9:00 a.m. until 5:00 p.m. On the second, third, and fourth Saturdays preceding the election, the book shall be kept at the polling place. On other days during the registration period, it may be kept at the home or place of business of the registrar, or at the polling place, as designated in the notice hereinafter required. The Saturday before the election shall be Challenge Day.

(c)       The Board of Elections of Moore County shall, not later than 30 days before the election, appoint a registrar and two judges of election and designate a polling place for the special election.

(d)       Not later than 60 days before the election, the Board of Elections of Moore County shall cause to be posted at the West End Post Office, and at such other public places as the Board may choose, a notice stating the time, the polling place, and the purpose of the special election; the names of the registrar and judges of election; the dates, hours, and place or places of registration; the date, time and place for challenges; that the registration is a complete new registration for the special election and for election of Town Commissioners if the special election results in incorporation; that, subject to a favorable vote upon the question of incorporation, the election of Town Commissioners will be conducted on the sixth Tuesday after the special election on incorporation; and that, subject to a favorable vote upon the question of incorporation, candidates for election to Commissioner must file with the Board notice of candidacy not earlier than the day after the special election on incorporation and not later than 5:00 p.m. on the fourth Friday before the election for Commissioners. The Board of Elections may, in its discretion, also cause such notice to be published one or more times in a newspaper having general circulation in the West End Community.

(e)       In the special election, those voters who favor the incorporation of the Town of West End as provided in this act shall vote a ballot upon which shall be printed the words: "FOR Incorporation of Town of West End", and those voters who are opposed to the incorporation of the Town of West End as provided in this act shall vote a ballot upon which shall be printed the words: "AGAINST Incorporation of Town of West End." Sec. 2. If a majority of the votes cast in such special election shall be cast "AGAINST Incorporation of Town of West End", then "The Charter of the Town of West End" of this act shall have no force and effect.

Sec. 3.  If a majority of the votes cast in such special election shall be cast "FOR Incorporation Of Town Of West End", then Section 4 of this act shall be effective from and after the date of election on incorporation, and the remainder of this act shall be effective from and after the date of the election for Commissioners.

Sec. 4.  (a)  The Board of Elections of Moore County shall, on the sixth Tuesday after the special election provided for in Section l, conduct an election for the purpose of electing five Commissioners for the Town of West End.  This election shall be conducted within the area hereinafter described as the corporate limits of West End.  On election day, the polls shall be open from 6:30 a.m. until 6:30 p.m.  Except as otherwise provided in this section, the election shall be conducted in accordance with the provisions of law applicable to municipal elections.

(b)       The registration book used for the special election on the question of incorporation shall be used for the election of Commissioners, and no new registration is necessary. However, the Board of Elections shall keep the registration book open between the hours of 9:00 a.m. and 5:00 p.m. on each day (excluding Sunday) between and including the third Saturday before the election and the second Saturday before the election. At that time any qualified voters who are not then registered may register. On each of those Saturdays the book shall be kept at the polling place, and on other days it may be kept at the registrar's home or place of business, or at the polling place, as designated in the notice required below. The Saturday before the election is Challenge Day.

(c)       The registrar and judges of election, the polling place, and the place or places of registration for the election of Commissioners shall be the same as those for the special election on the question of incorporation.

(d)       Any qualified voter who would offer himself as a candidate for Commissioner in the election shall file with the Chairman or Clerk of the Board of Elections of Moore County a statement giving written notice of his candidacy. The notice shall be filed not earlier than the day after the special election on incorporation and not later than 5:00 p.m. on the fourth Friday before the election for Commissioners. It shall be in substantially the following form:

"I,                                       , do hereby give notice that I am a candidate for election to the office of Commissioner, Town of West End, to be voted on at the election to be held on call of the Board of Elections, Moore County, and I hereby request that my name be placed on the official ballot for that office. I certify that I am a resident and qualified voter of the Town of West End, residing at            .

(Date)                                                                                            (Signature)              "

(e)       Not later than the fifth Friday before the election for Commissioners, the Moore County Board of Elections shall cause to be posted at three public places in the area described as the proposed corporate limits of the Town of West End a notice stating the time, the polling place, and the purpose of the election; the names of the registrar and judges of election; the dates, hours, and place or places of registration; the date and time for challenges; that electors who registered for the special election on the question of incorporation of the Town of West End need not register again to vote in the election for Commissioners; and the dates during which candidates for Commissioner must file with the Board notice of candidacy. The Board may also cause this notice to be published one or more times in a newspaper having general circulation in the West End community.

(f)        In this election each qualified registered voter shall be entitled to vote for five candidates for Commissioner upon a ballot on which shall be listed, in alphabetical order, the names of all persons who filed notice of candidacy with the Board of Elections during the period set by this section. The five candidates for Commissioner who receive the largest number of votes shall be declared elected to serve until the regular municipal election to be held in 1973, or until their successors are elected and qualified. In case of a tie between opposing candidates, the Board of Elections shall determine the result by lot.

(g)       The Chairman of the Board of Elections shall notify the persons elected as Commissioners, and shall designate some qualified officer to administer to them the Oath of Office, which shall be done as soon as practicable following their election.

Sec. 5. The following provisions of law shall constitute the Charter of the Town of West End in Moore County.

"THE CHARTER OF THE TOWN OF WEST END

"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 West End', 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 to, dedicated to, 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 Town Board 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 West End 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 West End, until changed in accordance with law are as follows:

Beginning at a stake and pointer, near the Johnson Pond running thence Southeast, crossing North Carolina Highway #73 at its intersection with Johnson Pond Road, thence West approximately 7,100 feet to a point in Johnson Property, thence approximately 1,300 feet to and crossing North Carolina Highway #211 near its junction with Hoffman road, thence approximately 9,300 feet to a point in North Carolina Highway #73 West, just South of Tarrell Graham Residence, thence Northwesterly to the West corner of West End Cemetery Property, thence North across Norfolk-Southern Railroad and to center of North Carolina Highway #211, thence West with center line of North Carolina Highway #211 to a point on the East side of S. R. #1238 right-of-way, thence Northeast to the point of beginning.

"ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

"Sec. 3.1. Mayor and Mayor Pro Tempore. The Mayor shall be elected by the Board of Commissioners from is own members, and he shall hold office for two (2) years. In the case of a vacancy in the office of Mayor, the remaining members of the Board of Commissioners shall choose from their own number his successor for the unexpired term. The Mayor shall be the official head of the Town government and shall preside at all meetings of the Town Board. When there is an equal division upon any question, or in the appointment of officers, by the Board, the Mayor shall determine the matter by his vote, and 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 Town 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 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. 3.2. Composition of Town Board. The Town Board shall consist of five (5) members to be elected by and from the qualified voters of the Town voting at large in the manner provided by Article IV.

"Sec. 3.3. Terms; Qualifications; Vacancies. (a)  Except for the initial terms of office, the members of the Town Board shall serve for terms of four (4) 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 Town Board, 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. 3.4. Compensation of Mayor and Commissioner. The Town Board may fix its own compensation and allowances, and the compensation and allowances of the Mayor, in such sums as may be just and reasonable, effective following the next regular municipal election for seats on the Town Board. The compensation and allowances of the Mayor shall not be reduced during the then current term of office. Any action taken under this section shall be published at least once in some newspaper having general circulation in West End, as provided by North Carolina General Statute 1-597, and shall not be taken after 14 days before the deadline for filing notice of candidacy for the Town Board.

"Sec. 3.5. Organization of Board; Oaths of Office. The Town Board shall meet, elect the Mayor and organize for the transaction of business at the first regularly scheduled meeting of the Board following each biennial election. 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 and laws of the United States and the Constitution and laws of North Carolina not inconsistent therewith and that I will faithfully discharge the duties of my office as                       , so help me, God.'

"Sec. 3.6. Meetings of Board. (a)  The Town Board shall fix by ordinance 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 Town 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 Town Board 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. The number required for a quorum shall not be affected by vacancies.

(b)       The affirmative vote of a majority of the members of the Town 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 the members 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 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 Town Board of the Town of West End'. 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 1973. In the regular election in 1973, there shall be elected five (5) Commissioners. The two (2) candidates receiving the highest numbers of votes shall be elected for terms of four (4) years and the three (3) candidates receiving the next highest numbers of votes shall be elected for terms of two (2) years. Beginning in the regular election in 1975, and in subsequent elections, all terms shall be for four (4) years.

"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 and not later than 5:00 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 Commissioner, Town of West End, 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 West End, residing at                                    .

(Date)                                                                                          (Signature)     '

"Sec. 4.3. 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; Terms; Compensation. The Town Board 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 Town 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, Town Board, 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 meetings of the Town 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 Town Board 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 Town Board 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 Town Board 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 Town Board 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 Town Board 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 and in connection with the business of the Town government shall be paid promptly into the Town depository. Such institution shall be designated by the Town Board 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 Town Board 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 Town Board.

"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 1972-73 and subsequent years. The Town may obtain from Moore County, and the Moore County Tax Supervisor shall provide upon request, a record of property within the corporate limits which was listed for taxation as of January 1, 1972.

"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 Town Board in writing, signed by the claimant or his attorney or agent, within 90 days after such claim or demand is due or the cause of action accrues. No suit or action shall be brought on such a claim or demand within 30 days or after the expiration of 12 months from the time such claim or demand is presented. Unless the said claim or demand is so presented within 90 days, and unless suit is brought within 12 months thereafter, any action thereon shall be barred."

Sec. 6.  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. 7.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 2nd day of July, 1971.