NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 378

HOUSE BILL 730

 

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

 

The General Assembly of North Carolina enacts:

 

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

"THE CHARTER OF THE TOWN OF SPINDALE.

"ARTICLE I. Incorporation and Corporate Powers.

"Sec. 1.1. Incorporation and general powers. The Town of Spindale shall continue to be a body politic and corporate under the name of the 'Town of Spindale', 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, 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 the Charter of the town, or, if the 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 Spindale shall have and may exercise all other powers which, under the Constitution and laws of North Carolina, now are, or hereafter may be, granted to municipal corporations.

"ARTICLE II. Corporate Boundaries.

"Sec. 2.1. Corporate Limits. BEGINNING on a concrete marker being located at the point where the right-of-way of the Southern Railroad intersects the Western City Limits line of the present Town of Spindale City limits: runs thence with the Eastern edge of the right-of-way of Southern Railroad in a Northerly direction 4100 feet to the point in the center of Sparks Street; runs thence with the center of Sparks Street South 85 East 32 feet, North 5 West 200 feet, North 9 West 50 feet, North 12 East 25 feet, North 34 East 25 feet, North 53 East 25 feet, North 66 East 25 feet, North 75 East 25 feet, North 83 East 50 feet and North 87 East 25 feet; thence continuing with the center of said street, North 87 East 1200 feet and due East 120 feet to a concrete marker at a fence; runs thence with the fence, South 74 East 1160 feet to a point in the center of Reynolds Creek; runs thence with the Center of Reynold's Creek in a Northeasterly direction 5920 feet to a point in the center of the Whiteside Road; runs thence with the center of the Whiteside Road, in an Easterly direction 496 feet to a point in the center of the bridge on the Whiteside Road crossing Holland's Creek; runs thence with Holland's Creek in a Southeasterly direction 2985 feet to a point in the center of the bridge over Holland's Creek on the Old Ball Park Road, also known as State Road Number 1547; thence continuing with Holland's Creek in an Easterly direction 4197 feet to a point in the center of Holland's Creek, said point being located at a point where said Holland's Creek is intersected by the center of the Duke Power High Transmission Line; runs thence with the center of said Transmission Line South 12 East 1200 feet to a steel tower on said power line the same lying just South of the road which leads from the Ledbetter Mill Road to the Spindale Disposal Plant; thence continuing with the Duke Power right-of-way, South 25 East 2450 feet to an iron pin in the center of an unnumbered State Road the same being the road which leads from Ledbetter Mill Road to the Bristol-Martin Subdivision; thence with the center of said road, South 59 West 760 feet to a point in the said road, same being evidenced by an iron pin offset in the South side of said road, same being the corner of the Martin-Bristol property; runs thence South 12-1/2 East 4600 feet to an iron pin at the old white oak corner of the J. C. Cowan property; runs thence with the wire fence South 4 West 1350 feet to a point in the center of U. S. Highway Number 74, the same being located at the point where the center of Highway Number 74 is intersected by the road which leads from the Rutherford County Board of Education and the North Carolina Armory; runs thence with the center of said road, South 4 West 590 feet to a point in the center of said road; runs thence from said point North 85 West with the line of the Rutherford County Fair Ground Property and the property of the Callahan-Koon Manufacturing Company and with the line of the Duke Power Company Transmission Line 1270 feet to a point in the center of the road which leads from U. S. Highway Number 74 past the Callahan-Koon Manufacturing Company Office in a Southerly direction 1855 feet to a point where said road intersects the Withrow Road; runs thence from the center of said Withrow Road South 9 West 1850 feet to a point lying 150 feet South of the new U. S. Highway 74 by-pass around Spindale and Forest City; runs thence North 75-1/2 West 2415 feet to a point in the right-of-way of said highway at the Point where said right-of-way intersects the center of Oakland Road; thence continuing 150 feet to the center of said highway in a Westerly direction 5682 feet to a point lying 150 feet South of the intersection of the Oak Street Extension and U. S. Highway 74; runs thence in a Westerly direction and 150 feet from the center of Oak Street Extension also known as State Road Number 2201, 2036 feet to the point where said line intersects Stonecutter Creek; thence with the center of Stonecutter Creek as it meanders under said road and in a Northwesterly direction 330 feet to a point; runs thence in a Southwesterly direction with center of said creek 494 feet to the point where said creek intersects the branch which leads from the Town of Spindale to the West of the Ellington Heights Subdivision; runs thence with the said branch in a Northerly direction 4512 feet to a point lying 150 feet Southwest of the center of the Spindale By-Pass; runs thence 150 feet from center of said By-Pass in a Northerly direction 2400 feet to a concrete monument in the City Limits of the Town of Rutherfordton; thence with the City Limits of the Town of Rutherfordton, South 72 East 250 feet to a concrete monument; runs thence with the Rutherfordton City Limits North 45 East 1150 feet to the point and place 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. 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 of this Charter. Together with the mayor, the board shall be charged with the general government of the town.

"Sec. 3.2. Mayor. The mayor shall be elected by and from the qualified voters of the town voting at large in the manner provided in Article IV of this Charter. The mayor shall be the official head of the town government and shall preside at all meetings of the board. 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 the town Charter, and by the ordinances of the town.

In case of misconduct, inability, or willful neglect in the performance of the duties of his office, the mayor may be removed from office by the board of commissioners by a majority vote of all members of the board, but shall be given an opportunity to be heard in his defense, in person and by counsel, and shall have the right to have process issued to compel the attendance of witnesses.

"Sec. 3.3. Mayor pro tempore. 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 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. 3.4. Terms; qualifications; vacancies. (a)  The members of the board of commissioners shall serve for terms of two years, and the mayor shall serve for a term 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 to 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 board member, the board of commissioners shall by majority vote appoint some qualified person to fill the same for the remainder of the unexpired term.

"Sec. 3.5. Organization of town council; oaths of office. The board members and mayor shall meet and organize for the transaction of business following each biennial election as provided by the uniform municipal election laws of North Carolina. Before entering upon their offices, the mayor and each board member shall take, subscribe to 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 maintain 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 the board. The regular meetings of the mayor and board of commissioners shall be on the first and third Monday in each month, but the board may hold special meetings upon call by the mayor or two members of the board, upon one day's notice, and may hold adjourned meetings from time to time in the discretion of the board.

"Sec. 3.7. 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. All ordinances of the town, when printed and published and bearing on the title page thereof the words 'Ordained and Published by the Mayor and Board of Commissioners of the Town of Spindale,' or words of like import, shall be prima facie evidence of their authenticity and shall be admitted and received in all courts and places without further proof. All ordinances shall take effect upon the passage thereof, unless otherwise provided in the ordinance; provided, however, that ordinances granting franchises shall lie upon the table for 30 days after the same are introduced before same shall be passed and become effective.

"ARTICLE IV. Elections.

"Sec. 4.1. Regular municipal elections. Regular municipal elections shall be held biennially in odd-numbered years on the day set by general law for municipal elections. In the 1975 regular municipal elections and biennially thereafter there shall be elected a mayor for a term of two years. In the 1975 regular municipal election and biennially thereafter, five board members shall be elected to serve terms of two years each.

"Sec. 4.2. Regulation of elections. All town elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections.

"ARTICLE V. Town Attorney.

"Sec. 5.1. Appointment; qualifications; terms; compensation. The 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 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 for and defend suits against the town; to advise the mayor, board of commissioners and other town officials with respect to the affairs of the town; to draft all legal documents relating to the affairs of the town; to draft 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 them; 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 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 shall 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. The town tax collector 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 finance officer. The board shall appoint a town official to perform the duties of the finance officer as required by the Local Government Budget and Fiscal Control Act.

"Sec. 6.4. Town budget officer. The board of commissioners shall appoint a town official to perform the duties of the budget officer as required by the Local Government Budget and Fiscal Control Act.

"Sec. 6.5. Consolidation of functions. The board may consolidate any two or more of the positions of town clerk, town budget officer, town tax collector, and town finance officer, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions, subject to the Local Government Budget and Fiscal Control Act.

"Sec. 6.6. Administrative officers and employees not cited. Consistent with applicable State and local laws, the board may establish other positions, provide for the appointment of other administrative officers and employees, and generally organize the town government in order to promote the orderly and efficient administration of the affairs of the town.

"ARTICLE VII. Powers.

"Sec. 7.1. Recreation. The town shall have the authority to appropriate moneys for recreation purposes, including the acquisition and operation of a municipal golf course, and municipal bathing facilities. This grant of authority shall include the authority to levy taxes for the aforementioned purposes.

"Sec. 7.2. Regulation of slaughterhouses. The town shall have the authority to regulate, license, or prohibit slaughterhouses within the town limits.

"Sec. 7.3. Enumeration of 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 or implied herein, the town either through the board of commissioners or through such other officers as may by law be provided for, shall have and may exercise all other powers which, under the Constitution and laws of North Carolina, now are, or hereafter may be, granted to municipal corporations.

"ARTICLE VIII. Initiative and Referendum.

"Sec. 8.1. Initiative and referendum procedure. The mayor and board of commissioners shall have the right and authority to call an election to be held at any time upon the written application of twenty-five percent (25%) of the qualified voters of the town for the purpose of voting upon any question which the said petition may request them to submit to a vote of the citizens of the town, whether the same be for the purpose of voting bonds or for the purpose of ascertaining the wishes of the inhabitants of the town upon any other question of public interest. The mayor and board of commissioners shall advertise said election so ordered for a period of 30 days in some newspaper published in Rutherford County and at the mayor's office in the town, and no special act shall be necessary to authorize the mayor and commissioners to order any such election. The mayor and board of commissioners shall also have the authority to call as many elections under the provisions of this section as they may be petitioned to call in the manner hereinbefore set out, and may call more than one election to be held for the purpose of voting upon the same question if a petition be filed, as herein provided, requesting the mayor and commissioners to call such election, notwithstanding the fact that other elections may have been held for the purpose of ascertaining the wishes of the citizens of the town upon the same question theretofore.

"ARTICLE IX. Property.

"Sec. 9.1. Rights to vest in the town. All real estate owned in fee simple or held by lease, sufferance, easement, or otherwise, and all other property which has been granted, donated, purchased, or otherwise acquired by the town or any property which at any future time may be acquired by the town, and all causes of action, rights or privileges of any kind and character which now belong to, or which may at any future time be acquired by the town, shall vest in and remain in and inure to the Town of Spindale under this act. All deeds, conveyances, condemnations, tax foreclosures, or other methods of conveyances, through or by which the town has taken or attempted to take title to property, are hereby validated, ratified and approved, and the absolute title thereto declared to be vested in the Town of Spindale."

Sec. 2.  The purpose of this act is to revise the Charter of the Town of Spindale 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, or in any manner 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 Spindale,

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

Sec. 4.  The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act are hereby repealed:

Chapter 2, Private Laws of 1929

Chapter 129, Private Laws of 1935

Chapter 286, Public-Local Laws of 1937

Chapter 532, Public-Local Laws of 1939

Chapter 1182, Session Laws of 1955

Chapter 149, Session Laws of 1971.

Sec. 5.  No provisions 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 revived 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 affect enumerated or designated laws.

Sec. 7.  (a) All existing ordinances and resolutions of the Town of Spindale and all existing rules or regulations of departments or agencies of the Town of Spindale, 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 Spindale or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Sec. 8.  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.  Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statute, or to the General Statute which most clearly corresponds to the statutory provision which is repealed or superseded.

Sec. 10.  All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 11.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of May, 1975.