NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 671

HOUSE BILL 549

 

AN ACT TO CONSOLIDATE THE CHARTER OF THE CITY OF DURHAM AND TO REPEAL PRIOR LOCAL ACTS.

 

The General Assembly of North Carolina enacts:

 

Section 1. The Charter of the City of Durham is hereby consolidated and rewritten as follows:

"THE CHARTER OF THE CITY OF DURHAM.

"CHAPTER I.

"NAME, CORPORATE POWER, AND BOUNDARIES.

"Sec. 1. Incorporation. – That the inhabitants of the City of Durham shall be, and continue as they have been, a body politic and corporate, and henceforth the corporation shall continue to bear the name and style of the 'City of Durham', and under such name and style is hereby vested with all the property and rights of property which now belong to the corporation, and by this name may acquire and hold for the purpose of its government, welfare, and improvement, all such estate as may be devised, bequeathed, conveyed to, or otherwise acquired by it, and may, from time to time, sell, dispose of, and invest the same, as shall be deemed advisable by the proper authorities of the corporation, and as shall be in conformity with the provisions of this Charter.

"Sec. 2. Corporate Boundaries. – The corporate limits of the City of Durham shall be as follows:

BEGINNING at the point of intersection of the west right-of-way line U.S. Highway 15-501 and a line 200 feet south of the center line of Cornwallis Road; thence in a westerly direction along a line perpendicular to the west right-of-way line of U.S. 15-501, a distance of 200 feet; thence in a southerly direction along a line 200 feet west of and parallel to the west right-of-way line of U.S. 15-501 about 700 feet to a point; thence north 80°42' west, a distance of 207.53 feet to a point; thence north 71°4' west, 272.80 feet to a point; thence north 86°40' west, a distance of 266.80 feet to a point; thence south 75°7' west, a distance of 241.54 feet to a point; thence south 45°0' west, a distance of 160.16 feet to a point; thence south 31°24' west, a distance of 474.82 feet to a point; thence south 49°19' west, a distance of 511.97 feet to a point; thence north 47°50'41" west, a distance of 505.90 feet to a point; thence north 49°2'41" west, a distance of 257.86 feet to a point; thence north 87°8'52" west, a distance of 524.12 feet to a point; thence south 3°12'4" west, a distance of 539.58 feet to a point; thence north 86°46'55" west, a distance of 250.00 feet to a point; thence south 6°13'5" west, a distance of 174.98 feet to a point; thence north 86°46'55" west, a distance of 230.65 feet to a point; on the eastern right-of-way line of Ridge Road; thence in a southerly direction along eastern right-of-way line of Ridge Road, the following courses and distances: south 6°23'12" west, a distance of 277.39 feet to a point; thence in a southerly direction along an arc to the left, said arc having a radius of 993.10 feet, a length of 101.83 feet to a point; thence south 0°30'42" west, a distance of 241.18 feet to a point; thence leaving said right-of-way line of Ridge Road south 85°20'17" east, a distance of 199.73 feet to a point, thence south 0°32'2" west, a distance of 199.81 feet to a point on the northern right-of way line of Pickett Road; thence south 85°41'33" east along said northern right-of-way line of Pickett Road, a distance of 262.04 feet to a point; thence north 0°22'48" east, a distance of 249.46 feet to a point; thence south 82°22'48" east, a distance of 148.93 feet to a point; thence south 11°34'7" east, a distance of 249.44 feet to a point; on said northern right-of-way line of Pickett Road; thence south 85°37'55" east along said northern right-of-way line of Pickett Road, a distance of 674.87 feet to a point; thence south 81°6'07" east, a distance of 35.05 feet to a point; thence in an easterly direction along an arc to the right, said arc having a radius of 1030.47 feet, a length of 297.65 feet to a point; thence north 10°58' east, a distance of 145.57 feet to a point; thence north 49°45' east, a distance of 363.65 feet to a point; thence south 57°29' east, a distance of 320.50 feet to a point; thence south 5°19' west, a distance of 202.43 feet to a point; thence south 63°39' east, a distance of 306.50 feet to a point, thence south 63°48' east, a distance of 94.42 feet to a point 200 feet west of the western right-of-way line of U.S. 15-501; thence in a southerly direction along a line 200 feet west of and parallel to the west right-of-way line of U.S. 15-501 about 2230 feet to the point of intersection with the east line of the property of the City of Durham, formerly the property of L.G. Pickett, recorded in Plat Book 1, Page 260, Durham County Register of Deeds Office; thence in a southeasterly direction along said City of Durham property line in a projection thereof, a distance of about 830.00 feet to the point of intersection with the south right-of-way line of U.S. 15-501; thence in a southerly direction along a straight line that would intersect at a point 230 feet west of a center line of Shannon Road and 230 feet north of the center line of Chapel Hill Road, a distance of about 3275 feet to a point on the D.L. Phillips property; thence north 85°0' west, a distance of 604.70 feet to a point; thence south 5°0' west, a distance of 863.69 feet to a point; thence south 85°12' east, a distance of 240.0 feet to a point; thence south 84°33' east, a distance of 337.00 feet to a point; thence south 51°12'30" east, a distance of 762.63 feet to a point 200 feet west of the western property line of Chapel Hill Road; thence in a southwesterly direction along a line 200 feet west of the western right-of-way line of Chapel Hill Road, a distance of approximately 820 feet to a point; thence southwardly along a line perpendicular to Chapel Hill Road, a distance of 260 feet to the southeast right-of-way line of Chapel Hill Road; thence southwardly along the west property line of (Van Trine Park) Subdivision as recorded in Plat Book 42, Page 3, a distance of approximately 900 feet to a point on the northern property line of Hope Valley West Subdivision; thence north 86°59' west, a distance of 335.28 feet to a point; thence south 56°20' west a distance of 351.85 feet to a point; thence south 4° 57' west, a distance of 180.05 feet to a point; thence north 85°02' west, a distance of 270.37 feet to a point; thence south 5°48' west a distance of 376.79 feet to a point; thence south 4°43'20" west, a distance of 317.00 feet to a point; thence south 49°27' east, a distance of 361.22 feet to a point; thence south 40°41' east, a distance of 94.00 feet to a point; thence south 36°13'20" east, a distance of 72.12 feet to a point; thence south 60°0'45" east, a distance of 143.00 feet to a point; thence south 5°30' west, a distance of 143.50 feet to a point; thence south 2°2' west, a distance of 50.08 feet to a point; thence south 5°30' west, a distance of 152.50 feet to a point; thence south 73°33' west, a distance of 114.92 feet to a point; thence south 11°25' east, a distance of 57.00 feet to a point; thence south 33°51' west, a distance of 39.44 feet to a point; thence south 5°25' west, a distance of 375.00 feet to a point; thence south 47°18' east, a distance of 191.84 feet to a point; thence south 82°17' east, a distance of 59.10 feet to a point; thence south 53°33' east, a distance of 186.00 feet to a point; thence north 67°57' east, a distance of 76.00 feet to a point; thence south 5°28' west, a distance of about 200 feet to a point; thence north 64°28' west along the north property line of Walter A. Biggs and Claude Currie subdivision as recorded in Plat Book 49, Page 11, a distance of 506.20 feet to a point; thence north 62°44' west, a distance of 357.40 feet to a point; thence north 85°4' west, a distance of 1238.55 feet to a point; thence south 22°9' east, a distance of 747.34 feet to a point; thence south 17°10' east, a distance of 1060.89 feet to a point; thence south 33°0' east, a distance of 273.03 feet to a point; thence south 25°41' east, a distance of 237.73 feet to a point; thence south 16°45' east, a distance of 256.38 feet to a point; thence south 84°45' east, a distance of 74.30 feet to a point; thence south 20°13' east, a distance of 607.80 feet to a point; thence south 69°50'0" west, a distance of 506.50 feet to a point on the western right-of-way line of Garrett Road; thence north 19°59'23" west along said western right-of-way line of Garrett Road, a distance of 120.00 feet to a point; thence in a northerly direction along an arc to the left, said arc having a radius of 4130.28 feet, a length of 379.36 feet to a point; thence leaving said western right-of-way line of Garrett Road, south 71°55' west, a distance of 251.93 feet to a point; thence south 56°2'55" west, a distance of 52.37 feet to a point; thence north 85°0'0" west, a distance of 188.65 feet to a point; thence south 12°39' west, a distance of 240.00 feet to a point; thence south 30°33' west, a distance of 189.00 feet to a point; thence south 35°37' east, a distance of 60 feet to a point; thence south 17°19' east, a distance of 42.00 feet to a point; thence south 50°42' west, a distance 158.00 feet to a point; thence in a southerly direction along an arc to the right, said arc having a radius 50.00 feet, and a length of 62.68 feet to a point; thence in a southerly direction along an arc to the left, said arc having a radius of 20.00 feet, a length of 17.45 feet to a point; thence south 17°28' east, a distance of 116.45 feet to a point; thence in an easterly direction, along an arc to the right, said arc having a radius of 2335.80 feet; a length of 21.81 feet to a point; thence continuing in an easterly direction along an arc to the right, said arc having a radius of 274.76 feet, a length of 162.36 feet to a point; thence south 10°12'3" east a distance of 262.23 feet to a point; thence south 61°26'9" east, a distance of 42.18 feet to a point; thence north 77°41'32" east, a distance of 182.73 feet to a point; thence north 61°34'44" east, a distance of 60.53 feet to a point; thence north 84°13'16" east, a distance of 163.79 feet to a point; thence north 52°57'26" east, a distance of 48.96 feet to a point; thence north 62°35'16" east, a distance of 75.31 feet to a point; thence north 42°40'14" east, a distance of 51.98 feet to a point; 200.00 feet west of the western right-of-way line of Garrett Road; thence in a southerly direction along a line 200.00 feet west of and parallel to the west property line of Garrett Road a distance of about 1550.00 to a point on the northern property line of Trotteridge Subdivision; thence north 83°59'22" west, a distance of 373.15 feet to a point; thence north 5°36'3" east, a distance of 301.58 feet to a point; thence south 60°15'20" west, a distance of 296.45 feet to a point; thence south 31°33'51" west, a distance of 58.09 feet to a point; thence south 63°59'31" west, a distance of 194.51 feet to a point; thence north 43°4'53 west, a distance of 233.92 feet to a point; thence north 77°42'27" west, a distance of 250.74 feet to a point; thence south 76°10'51" west, a distance of 250.74 feet to a point; thence south 50°4'19" west, a distance of 250.74 feet to a point; thence south 14°14'56" west, a distance of 203.04 feet to a point; thence south 25°46'18" east, a distance of 130.47 feet to a point; thence south 85°59'41" east, a distance of 200.00 feet to a point; thence south 4°0'19" west, a distance of 150.00 feet to a point; thence north 85°59'41" west, a distance of 35.00 feet to a point; thence south 4°0'19" west, a distance of 50.00 feet to a point; thence in a southeasterly direction along an arc to the right, said arc having a radius of 20.00 feet, a length of 31.42 feet to a point; thence south 4°0'19" west, a distance of 159.90 feet to a point; thence south 85°59'41" east, a distance of 1012.27 feet to a point; thence north 0°0'0", a distance of 358.01 feet to a point; thence south 80°9'12" east, a distance of 339.70 feet to a point on a line 200.00 feet west of the western right-of-way line of Garrett Road; thence in a southerly direction along a line 200.00 feet west of and parallel to the western property line of Garrett Road, a distance of about 3500.00 feet to a point of an intersection with a westerly projection of a line 200.00 feet south of and parallel to the east right-of-way line of N.C. 751; thence northeasterly along a line 200.00 feet east of the east right-of-way line of N.C. Highway 751, Hope Valley Road, a distance of approximately 1400.00 feet to a point on the southern property line of Hope Valley Realty and Construction Corp. property; thence S 40°16'50" E., a distance of 176.00 feet to a point; thence S 1°14'43" W, a distance of 81.40 feet to a point; thence S 68°46'26" W, a distance of 960.47 feet to a point; thence N 23°43'49" E, a distance of 143.28 feet to a point; thence S 86°34'47" E, a distance of 251.14 feet to a point; thence S 87°6'18" E, a distance of 665.30 feet to a point; thence S 87°6'33" E, a distance of 216.62 feet to a point; thence S 5°36'30" W, a distance of 722.62 feet to a point; thence S 84°50'44" E, a distance of 653.44 feet to a point; thence N 0°59'47" W, a distance of 13.30 feet to a point; thence N 0°56'59" W, a distance of 121.68 feet to a point; thence S 84°10'28" E, a distance of 775.98 feet to a point; thence S 46°4'5" W, a distance of 248.80 feet to a point; thence S 51°16' E, a distance of 172.48 feet to a point; thence in a northeasterly direction along an arc to the right, said arc having a radius of 239.90 feet, a length of 153.64 feet to a point; thence N 50°22'54" E, a distance of 330.27 feet to a point; thence N 46°4'5" E, a distance of 67.14 feet to a point; thence S 5°26'14" W, a distance of 632.82 feet to a point; thence S 85°54'10" E, a distance of 850.56 feet to a point; thence N 7°14'10" E, a distance of 616.12 feet to a point; thence S 84°55'14" E, a distance of 635.80 feet to a point; thence S 80°48'5" E, a distance of 373.44 feet to a point; thence S 80°46' E, a distance of 583.64 feet to a point; thence N 5°40'16" E, a distance of 1171.03 feet to a point; thence S 81°38'50" W, a distance of 202.72 feet to a point; thence N 2°11'11" W, a distance of 60.0 feet to a point; thence N 18°19'1" W, a distance of 568.45 feet to a point; thence N 6°9'57" E, a distance of 2,394.62 feet to a point in the center line of the creek; thence in a westerly direction along the centerline of the creek a distance of 3,243.45 feet to a point; thence N 84°7'30" W, a distance of 180.88 feet to a point; thence N 86°48'14" W, a distance of 1,040.5 feet to a point; thence S 34°53'10" W, a distance of 118.31 feet to a point; thence S 89°31' W, a distance of 459.75 feet to a point; thence S 35°6'37" W, a distance of 300.43 feet to a point; thence N 54°51'35" W, a distance of 299.60 feet to a point 200 feet east of the eastern right-of-way line of Hope Valley Road (751); thence in a northeasterly direction along a line 200 feet east of and parallel to the eastern right-of-way line of N.C. 751, a distance of about 1790 feet to a point on the southern property line of Southland Park; thence S 86°57'50" E, a distance of 84.83 feet to a point; thence S 23°9'22" W, a distance of 109.96 feet to a point; thence S 22°53'0" W, a distance of 110.38 feet to a point; thence S 85°38'49" E, a distance of 628.83 feet to a point; thence N 5°8'40" E, a distance of 650.93 feet to a point; thence N 84°57'10" W, a distance of 451.20 feet to a point 200 feet east of the eastern right-of-way line of 751; thence in a northeasterly direction with a line 200 feet east of and parallel to the eastern right-of-way line of N.C. 751, a distance of about 2,490 feet to a point on the south property line of (the crescent of Hope Valley) subdivision recorded in Plat Book 47, Page 63, thence easterly along the said south property line of (the crescent of Hope Valley) subdivision in a projection of said line a distance of approximately 1,030 feet to the center line of Third Fork Creek; thence northwardly along the center line of Third Fork Creek a distance of approximately 1,700 feet to a point; thence westwardly along the north property line of the said (crescent of Hope Valley) subdivision in an eastward projection of said line a distance of approximately 1,410 to a point; thence northwardly along a line 200 feet east of and parallel to the east right-of-away line of Hope Valley Road, a distance of approximately 4,850 feet to a point of intersection with a line 200 feet south of and parallel to the south line of Brighton Road; thence eastwardly along a line 200 feet south of the south right-of-way line of Brighton Road, a distance of approximately 30 feet to a point on the western property line of map showing property of Louis M. McKee and Wife, Ellen B. McKee, and D. Otis Pate and Wife, Martha McKee Pate; thence south 4°49'37" west, a distance of 784.96 feet to a point; thence south 45°13'12" west, distance of 1698.61 feet to a point; thence south 32°0'5" east, a distance of 532.70 feet to a point; thence north 87° 32' 5" west, a distance of 118.60 feet to a point; thence south 21°46'33" east, a distance of 169.40 feet to a point; thence south 30°40'30 east, a distance of 123.50 feet to a point; thence south 51°20'30" east, a distance of 188.30 feet to a point; thence south 87°9'30" east, a distance of 1522.04 feet to a point at the center line of the creek; thence in a northeasterly direction along the center of the creek, a distance of 513.78 feet to a point; thence north 87°3'42" west, a distance of 471.72 feet to a point; thence north 5°15'0" east, a distance 656.90 feet to a point; thence eastwardly along the south property line of Lot 20, Block B, and Lot 20 Block A of W.R. Hall Subdivision, as recorded in Plat Book 35, Page 4, a distance of approximately 500.00 feet to a point; thence southwardly along the west property line of Lena E. Harris Subdivision, recorded in Plat Book 28, Page 99, a distance of approximately 540.00 feet to a point of intersection with the center line of Third Fork Creek; thence northwardly along the center line of Third Fork Creek, a distance of approximately 660.00 feet to the point of intersection with the east property line of said Lena E. Harris Subdivision; thence northwardly along the east property line in a projection thereof of Lena E. Harris Subdivision as recorded in Plat Book 28, Page 99, a distance of approximately 2100.00 feet to a point; thence south 86°22'49" east, a distance of 670.63 feet to a point; thence north 3°26'10" east, a distance of 850.13 feet to a point; thence north 3°30' east, a distance of 199.83 feet to a point; thence north 85°57' west, a distance of 132.62 feet to a point; thence north 2°45'4" east, a distance of 589.38 feet to a point; thence north 85°23'50" west, a distance of 1229.07 feet to a point; thence north 5°25'54" east, a distance of 121.13 feet to a point on a line 200.00 feet east of the east right-of-way line of N.C. 751; thence northwardly along a line 200.00 feet east of and parallel to the east right-of-way line of Hope Valley Road; a distance of approximately 340.00 feet to a point; thence eastwardly along a line 200.00 south of and parallel to the south right-of-way line of Archdale Drive, a distance of approximately 2550.00 feet to a point; thence southwardly and eastwardly along a line 200.00 feet west of and parallel to the west property line of Oakridge Boulevard and a projection of a line 200.00 feet south of and parallel to the south right-of-way of Willowdale Drive; a distance of approximately 2180.00 feet to a point; thence eastwardly along a line 200 feet south of and parallel to the south right-of-way line of Willowdale Drive and a westwardly projection thereof; a distance of approximately 1250.00 to a point on the west property line of Elliswood Subdivision, Section #2; thence south 8°14' west, a distance of 133.50 feet to a point; thence south 86°01' east, a distance of 692.62 feet to a point on a line 200.00 feet south of the southern right-of-way line of Willowdale Drive; thence in a southeasterly direction along a line 200.00 feet south of and parallel to the southern right-of-way line of Willowdale Drive; a distance of approximately 400.00 feet to a point; thence south 2°38'36 west, a distance of 582.82 feet to a point on the northern right-of-way line of Cook Road; thence in a easterly direction along an arc to the left, said arc having a radius of 408.60 feet, a length of 89.67 feet to a point; thence in an easterly direction along an arc to the left, said arc having a radius of 1040.77 feet, a length of 230.21 feet to a point; thence north 64°18'27 east, a distance of 16.27 feet to a point; thence south 26°48'27' east, across Cook Road, a distance of 260.00 feet to a point on a line 230.00 south of the center line of Cook Road; thence in an easterly direction along the said line parallel to and 230.00 feet south of the center line of Cook Road to the point of intersection with a line 230.00 feet west of and parallel to the center line of Cornwallis Road, a distance of about 1490.00 feet; thence in a southeasterly direction along the said line parallel to and 230.00 feet west of the center line of Cornwallis Road to the point of intersection with a line 230.00 south of and parallel to the center line of Buxton Drive, a distance of about 1130.00 feet; thence in an easterly direction along said line parallel to and 200.00 feet south of Buxton Drive to the point of intersection with a line parallel to and 230.00 feet south of Riddle Road, a distance of about 600.00 feet; thence in a northeasterly direction along the said line parallel to, and 230.00 feet south of the center line of Riddle Road to the point of intersection with the east right-of-way line of Norfolk and Southern Railroad, a distance of about 150.00 feet; thence eastwardly along a line 200.00 feet south of and parallel to the south right-of-way line of Riddle Road, a distance of approximately 3900.00 feet to a point; thence south 76°19' west, a distance of 185.73 feet to a point on the eastern right-of-way line of N.C. 55; thence south 13°41' east along said eastern right-of-way line of N.C. 55, a distance of 386.45 feet to a point; thence north 60°16' east a distance of 367.37 feet to a point; thence south 75°2' east, a distance of 337.76 feet to a point; thence north 5°21 east, a distance of 283.03 feet to a point; thence south 89°8' west, a distance of 125.00 feet to a point; thence north 5°34' east, a distance of approximately 35.00 feet to a point on a line 200.00 feet south of the southern right-of-way line of Riddle Road; thence in an easterly direction along a line 200.00 feet south of and parallel to the southern right-of-way line of Riddle Road, a distance of approximately 2760.00 feet to a point; thence northwardly along a line 200.00 feet east of and parallel to the east right-of-way line of Chicago Street and a projection thereof, a distance of approximately 1790.00 feet to a point; thence eastwardly along the south property line of Max W. Bryant property in a projection thereof, a distance of approximately 930.00 feet to a point, on a western property line of Homeco, Inc.; thence south 35°2'48" east, a distance of 340.16 feet to a point; thence south 89°22'20" east, a distance of 850.56 feet to a point; thence S 89° 21'17" E, a distance of 668.71 feet to a point on the western right-of-way line of the Durham Southern Railroad; thence in a northeasterly direction along an arc to the left, said arc having a radius of 2336.13 feet, a length of 306.84 feet to a point; thence N 37°44'48" E along said western right-of-way line of the Durham Southern Railroad, a distance of 290.31 feet to a point; thence N 88°19'14" W, a distance of 526.27 feet to a point; thence N 18°45'51" E, a distance of 93.94 feet to a point; thence N 73°1'18" W, a distance of 282.58 feet to a point; thence N 16°46'29" E, a distance of 850.26 feet to a point; thence N 77°33'41" W, a distance of 695.11 feet to a point; thence N 76°27'26" W, a distance of 808.81 feet to a point; thence N 30°21'01" E, a distance of 106.19 feet to a point; thence N 23°30'51" E, a distance of 293.99 feet to a point; thence N 37°10'13" E, a distance of 401.32 feet to a point; thence N 25°38' E, a distance of 197.05 feet to a point; thence N 31°7'13" E, a distance of 438.29 feet to a point; thence N 16°47'03" E, a distance 695.23 feet to a point; thence N 2°44'25" E, a distance of 323.68 feet to a point; thence N 89°00'42" W, a distance of 263.01 to a point in the center of Rocky Creek; thence in a northeasterly direction along the center line of Rocky Creek a distance of about 160 feet to a point; thence N 89° 55'22" E, a distance of 62.19 feet to a point; thence N 55°45'31" E, a distance of 202.78 feet to a point; thence N 55°53'59" E, a distance of 120.63 feet to a point; thence N 83°03'08" E, a distance of 2236.28 feet to a point on a line parallel to and 50 feet north of the center line of the main track of the North Carolina Railroad Company; thence in a southerly and southeasterly direction a distance of approximately 5205 feet along the said line parallel to and at all points 50 feet north of the center line of the main track of the North Carolina Railroad Company to its intersection with the projection of a line 200 feet south of and parallel to Pleasant Drive; thence eastwardly along said line a distance of approximately 2,075 feet to its intersection with the projection of the line parallel to and 200 feet east of the east right-of-way line of Lynn Road; thence in a northerly direction along a line parallel to and 200 feet east of the east right-of-way line of Lynn Road, a distance of approximately 2240 feet to a point on the south property line of Columbia Corporation; thence with the Columbia Corporation property line the following courses and distances: S 18°13'49" E, a distance of 65.26 feet to a point; thence S 78°34'42" E, a distance of 555.60 feet; thence S 11°25'18" W, a distance of 100.00 feet to a point; thence S 78°34'42" E, a distance 921.70 feet to a point; thence S 5°5'13" W, a distance of 201.77 feet to a point; thence N 79°28'02" W, a distance of 340.00 feet to a point; thence S 1°35'20" W, a distance of 86.75 feet to a point; thence S 82°04' E, a distance of 235.90 feet to a point; thence S 82°22'40" E, a distance of 91.70 feet to a point; thence S 81°46'35" E, a distance of 91.75 feet to a point; thence S 82°15'11" E, a distance of 801.00 feet to a point; thence N 83°46'20" E, a distance of 128.40 feet to a point; thence N 5°56'24" E, a distance of 201.74 feet to a point; thence S 85°47'15" E, a distance of 130.00 feet to a point; thence N 05°56'24" E, a distance of 568.70 feet to a point; thence N 83°50'00" W, a distance of 478.30 feet to a point; thence N 84°00'40" W, a distance of 675.20 feet to a point; thence N 05°05'13" E, a distance of 231.00 feet to a point; thence N 85°33'40" W, a distance of 330.00 feet to a point; thence N 85°17'03" W, a distance of 437.80 feet to a point; thence N 03°56'44" E, a distance of 487.00 feet to a point; thence N 85°70'23" W, a distance of 528.52 feet to a point on a line 200 feet east of the eastern right of way line of Lynn Road; thence in a northerly direction on a line 200 feet east of and parallel to Lynn Road a distance of approximately 6,030 feet to the intersection of a line 200 feet south of the south right-of-way line of North Carolina Highway No. 98; thence North Carolina Highway No. 98, a distance of approximately 1,330 feet to a point; thence in a northerly direction along a line perpendicular to North Carolina Highway No. 98, a distance of approximately 460 feet to a point; thence in a westerly direction along a line 200 feet north of and parallel to the northern right-of-way line of North Carolina Highway No. 98, a distance of approximately 390 feet to a point; thence in a northwardly direction along a line parallel to and 200 feet east of the east right-of-way line of Chandler Road, a distance of approximately 1300 feet to a point; thence south 85°0' east, a distance of 164.66 feet to a point; thence north 75°58'51" east, a distance of 182.65 feet to a point; thence south 62°23'48" east, a distance of 262.12 feet to a point; thence south 26°31'32" west, a distance of 27.64 feet to a point; thence south 85°24'35" east, a distance of 692.48 feet to a point; thence north 6°55'43" east, a distance of 649.91 feet to a point; thence south 80°22' east, a distance of 547.02 feet to a point; thence south 80°17' east, a distance of 1604.00 feet to a point; thence north 10°23' east, a distance of 850.7 feet to a point; thence north 10°8' east, a distance of 1487.8 feet to a point; thence north 82°46' west, a distance of 1488.05 feet to a point; thence in a southerly direction along an arc to the right, said arc having a radius of 332.2 feet, a length of 151.14 feet to a point; thence north 70°42' west, a distance of 175.00 feet to a point; thence north 19°18' east, a distance of 116.00 feet to a point; thence north 82°46' west, a distance of 436.3 feet to a point; thence north 6°25' east, a distance of 663.9 feet to a point; thence north 81°25' west, a distance of 1378.1 feet to a point; thence south 5°32' west, a distance of 697.00 feet to a point; thence south 82°45' east, a distance of 461.4 feet to a point; thence south 7°40' west, a distance of 1162.98 feet to a point on a line 200.00 feet north of the northern right-of-way line of Chandler Road; thence in a westerly direction along a line 200.00 feet north of and parallel to the northern right-of-way line of Chandler Road, a distance of approximately 1130.00 feet to a point; thence westwardly along a line 200.00 feet north of and parallel to the north property line of Ross Road, a distance of approximately 860.00 feet to a point; thence northwardly along a line 200.00 feet east of and parallel to the east property line of Fernando Street, a distance of approximately 1460.00 to a point; thence westwardly along a line 200.00 feet north of and parallel to the north right-of-way line of Independence Avenue, a distance of approximately 1540.00 feet to a point; thence northwardly along a line 200.00 feet east of and parallel to the east property line of Center Avenue, a distance of approximately 1030 feet to a point; thence westwardly a distance of approximately 980.00 feet along the northern property line of the subdivision of land known as Resubdivision of Lots 210 and 221, Joyland Heights, recorded in Plat Book 20, page 13; thence in a southerly direction along the west line of said subdivision, Resubdivision of Lots 210 and 221, Joyland Heights, a distance of 51 feet to a point; thence westwardly along the northern property line of a subdivision of lands known as Resubdivision of Lots 210 and 221, Joyland Heights, as recorded in Plat Book 20, Page 13, in projections of said line, a distance of approximately 220 feet to its intersection with a line 20 feet east of and parallel to the center line of the Southern Railway, Keysville Branch Track, being also the easternmost tract at this point; thence southwardly along said line 20 feet east of and parallel at all points to the center line of Southern Railway Company, Keysville Branch Railroad Track, a distance of approximately 3050 feet to its intersection with a line 200 feet north of and parallel to Ross Road, if projected; thence westwardly along a line 200 feet north of and parallel to the north right-of-way line of Ross Road in a projection thereof, a distance of approximately 1920 feet to its intersection with the eastern right-of-way line of U.S. 70; thence running in a northerly direction along said U.S. 70, right-of-way line, approximately 1530 feet to a point on the southern property line of property of Fellowship Freewill Baptist Church; thence south 85°42' east, a distance of 560.23 feet to a point; thence north 11°42' east, a distance of 109.99 feet to a point; thence north 6°19' east, a distance of 224.70 feet to a point; thence north 8°44' east, a distance of 102.00 feet to a point; thence north 9°5' east, a distance of 382.49 feet to a point; thence north 10°35' east, a distance of 108.30 feet to a point; thence north 84°0' west, a distance of 510.57 feet to a point on the eastern right-of-way line of U.S. 70; thence in a northerly direction along said U.S. 70 right-of-way line, approximately 1100 feet to a point, 200 feet from the south right-of-way line of Cheek Road; thence eastward along a line parallel to and 200 feet from the south right-of-way line of Cheek Road, a distance of approximately 790 feet to a point; thence northwardly along a line in projection thereof located 200 feet east of the eastern right-of-way line of Midland Terrace, a distance of approximately 6350 feet to the eastern right-of-way line of Camden Avenue; thence north 47°25' east along the eastern right-of-way line of Camden Avenue, a distance of 909.10 feet to a point on the south property line of City of Durham Tract No. 443; thence south 34°16' east along said southern property line of City of Durham Tract No. 443, a distance of 278.56 feet to a point; thence south 77°32' east, a distance of 471.91 feet to a point; thence north 20°33'0" east, a distance of 856.00 feet to a point; thence north 31°27' west, a distance of 280.89 feet to a point on the eastern right-of-way line of Camden Avenue; thence north 47°25' east, a distance of 1073.43 feet to a point, in the center of Goose Creek; thence in a westerly direction along the center line of Goose Creek; a distance of 1633.00 feet to a point; thence north 41°20'46" west, a distance of 209.31 feet to a point; thence north 72°39'46" west, a distance of 177.04 feet to a point in the center line of old run of Ellerbee Creek; thence in a westerly direction along the old run of Ellerbee Creek, a distance of 1688.01 feet to a point on a line 200 feet east of the eastern right-of-way line of Midland Terrace; thence in a northerly direction along said line 200 feet east of and parallel to the eastern right-of-way line of Midland Terrace, a distance of approximately 750 feet to its intersection with a line 200 feet east of and parallel to the east right-of-way line of Dearborn Drive thence northwardly along said line 200 feet east of Dearborn Drive, a distance of approximately 1820 feet to its intersection with a line 200 feet south of south right-of-way line of Maplewood Drive; thence eastwardly along a line 200 feet from and parallel to Maplewood Drive as it loops back into Dearborn Drive, a distance of approximately 2430 feet to a line, 200 feet east of and parallel with Dearborn Drive; thence northwardly along a line 200 feet east of and parallel to the east right-of-way line of Dearborn Drive, a distance of approximately 2740 feet to the east right-of-way line of the Norfolk and Western Railroad; thence northwardly along the east right-of-way line of the Norfolk and Western Railway, a distance of approximately 1760 feet to the intersection of a line projected which is located 200 feet north of and parallel to the north right-of-way line of Arlene Street; thence westwardly along said line, a distance of approximately 1360 feet to the intersection of a line projected which is 200 feet west of the west right-of-way line of Usher Street and parallel thereto; thence southwardly along a line 200 feet west of and parallel to the west right-of-way line of Usher Street, a distance of 630 feet to a point, said point being located 200 feet north of the north right-of-way line of Craven Street; thence westwardly along said line 200 feet north of and parallel to the north right-of-way line of Craven Street, a distance of approximately 650 feet to a point; thence northwardly along a line 200 feet east of the east right-of-way line of Old Oxford Highway, a distance of approximately 550 feet to a point; thence westwardly along a line 200 feet north of and parallel to the north right-of-way line of Arlene Street as projected, a distance of approximately 580 feet to a point; thence southwardly along a line 200 feet west of and parallel to the west right-of-way line of Old Oxford Highway, a distance of approximately 2200 feet to a point on the western property line of Wiggins Street; thence north 3°22' east along said western property line of Wiggins Street, a distance of about 860 feet to a stake; thence south 63°56' west, a distance of 364.72 feet to a stake; thence south 68°19' west, a distance of 249.52 feet to a stake; thence south 58°33' west, a distance of 240.50 feet to a stake; thence south 82°42' west, a distance of 234.30 feet to a stake on the eastern property line of Duke Lane; thence along the eastern property line of Duke Lane, the following courses and distances: south 7°6' east, a distance of 446.19 feet to a stake; thence in a southerly direction along an arc to the right, said arc having a radius of 254.61 feet, a distance of 39.03 feet to a stake; thence south 1°42 west, a distance of 243.89 feet to a point on the northwest corner of Eno Primitive Baptist Church; thence south 85°47' east along the northern property line of said church, a distance of 346.63 feet to a stake; thence south 44°38' east, a distance of about 107 feet to a point on a line 200 feet north of the right-of-way of Old Oxford Highway; thence in a southwesterly direction along said line parallel to and 200 feet north of the northern right-of-way line of Old Oxford Highway about 2500 feet to a point on a line 230 feet east of the center line of Roxboro Road; thence in a northerly direction along said line parallel to and 230 feet east of the center line of Roxboro Road, a distance of about 1400 feet to a point; thence north 9°49' east a distance of 530 feet to a point; thence north 81°0' west a distance of 99.88 feet to a point; thence north 9°0' east, a distance of 98.70 feet to a point; thence north 0°20' east, a distance of 109.55 feet to a point; thence north 81°00' west, a distance of 399.75 feet to a point; thence south 42°56' west, a distance of 242.38 feet to a point on a line 230 feet from and parallel to the center line of Roxboro Road; thence in a northerly direction along said line parallel to and 230 feet east of the center line of Roxboro Road, a distance of about 3970.00 feet to a point; thence N 82°49' E, a distance of 281.22 feet to a point; thence N 06°51' W, a distance of 223.17 feet to a point on the southern property line of Pacific Avenue; thence N 82°38' E along the southern property line of Pacific Avenue, a distance of 184.50 feet to a point; thence S 6°51' E, a distance of 223.27 feet to a point; thence N 82°49' E, a distance of 424.12 feet to a point; thence N 05°00' E, a distance of 1392.86 feet to a point; thence N 84°52' W, a distance of 918.54 feet to a point; thence N 2°24'30" W, a distance 338.00 feet to a point; thence N 84°11' W, a distance about 269 feet to a point on a line 200 feet east of the eastern right-of-way line of Denfield Street; thence in a northerly direction with said line 200' east of and parallel to the eastern right-of-way line of Denfield Street, a distance of about 6400 feet to a point on the southern property line of lot found in Deed Book 300, Page 694; thence in a westerly direction along said lot, a distance of about 202 feet to the eastern property line of Denfield Street; thence in a southward direction along the eastern right-of-way line of Denfield Street, a distance of about 17.6 feet to a point; thence in a westerly direction across Denfield Street, a distance of 123.33 feet to a point at the southwest corner of said lot; thence in a northerly direction along the western property line of said lot, and the western property line of Lot No. 3 of Eno Farms, Incorporated, recorded in Plat Book 64, Page 44, a distance of about 2300 feet to the center of Eno River; thence in a westerly direction up the center of the Eno River, a distance of about 2720 feet to a point on the southeast property corner of Lot No. 14 of the Ruffin land, recorded in Plat Book 6, Page 71, and running in a northerly direction along the eastern property line of said lot, a distance of about 1220 feet to a point on a line 200 feet north of the northern right-of-way line of Infinity Road; thence in a westernly direction with said line 200 feet north and parallel to the northern right-of-way line of Infinity Road, a distance of about 3120 feet to a point on a line 200 feet west of the western right-of-way line of Roxboro Road, U.S. 501; thence in a southerly direction with said line 200 feet west of and parallel to the western right-of-way line of Roxboro Road (U.S. 501), a distance of about 4700 feet to a point on the northern property line of the Argonne Hills Subdivision, recorded in Plat Book 36, Page 45; thence in a westerly direction along said northern property line of Argonne Hills Subdivision, a distance of about 820 feet to a point on a creek; thence in a southwesterly direction along the creek line, which is also the property line of aforesaid Argonne Hills Subdivision, a distance of approximately 670 feet to a point; thence westerly along the north line of aforesaid Argonne Hills Subdivision, a distance of approximately 680 feet to a point, being also the northwest corner of Argonne Hills Subdivision; thence southwardly along the western property line and extension thereof of Argonne Hills Subdivision, a distance of approximately 2100 feet to its intersection with the north property line of a subdivision of land known as Property of P.M. Bussell, as shown in Plat Book 18, Page 97; thence westerly along the said northern property line, a distance of approximately 2290 feet to its intersection with the line 200 feet north of and parallel to the north right-of-way line of Horton Road; thence westerly a distance of approximately 2895 feet along a line 200 feet north of and parallel to the north right-of-way line of Horton Road to a point 200 feet west of Guess Road; thence southwardly along a line 200 feet west of and parallel to the west right-of-way line of Guess Road, a distance of approximately 260 feet to a point on the northern property line of a map showing property of Lula B. Proctor; thence north 84°54'30" W, a distance of 580.54 feet to a point; thence N 28°20' W, a distance of 935.85 feet to a point on the center line of Mill Creek; thence in a southwesterly direction along the center line of Mill Creek, a distance of about 1707 feet to a point on the eastern right-of-way line of Hillandale Road; thence S 28°38' E, a distance of 434.60 feet to a point; thence S 71°10' E, a distance of 1428.14 feet to a point on a line 200 feet west of the western right-of-way line of Guess Road; thence in a southerly direction with said line 200' west of and parallel to the western right-of-way line of Guess Road, a distance of about 2850 feet to a point on the northern property line of a map showing property of Hazard Cannon; thence N 88°55'6" W, a distance of 138.28 feet to a point; thence N 1°21'42" E, a distance of 124.97 feet to a point; thence N 1°26'23" E, a distance of 174.72 feet to a point; thence N 1°23'48" E, a distance of 200.17 feet to a point; thence N 1°30'39" E, a distance of 249.92 feet to a point; thence N 5°23'55" E, a distance of 406.33 feet to a point; thence N 44°39'6" W, a distance of 247.71 feet to a point; thence N 19°28'32" W, a distance of 296.99 feet to a point; thence N 42°57'7" W, a distance of 130.98 feet to a point on the southern property line of Crystal Lake Road; thence in a southwesterly direction along the center line of a branch, a distance of about 2506.5 feet to a point on the eastern right-of-way line of Hillandale Road; thence S 15°19'2" E a distance of 66.39 feet to a point; thence in a westerly direction across Hillandale Road to a point 200 feet west of the western right-of-way line of Hillandale Road, a distance of about 250 feet; thence in a southerly direction along said line 200 feet west of and parallel to the western right-of-way line of Hillandale Road, a distance of approximately 2390 feet to a point located 200 feet north of Carver Street; thence along a line 200 feet north of and parallel to the north right-of-way line of Carver Street, a distance of approximately 550 feet to its intersection with the projection of a line being the west property line of Hillandale School; thence S 1°50' W, a distance of 205.52 feet to a point on the northern right-of-way line of Carver Street; thence in a westerly direction along the northern right-of-way line of Carver Street, a distance of 4,485.17 feet to a point; thence S 67°33'38" W, a distance of 456.10 to a point; thence S 00°29'13" W, a distance of 939.66 feet to a point; thence S 68°38'09" W, a distance of 492.02 feet to a point on the western right-of-way line of Cole Mill Road; thence in a southerly direction along said right-of-way line of Cole Mill Road, a distance of about 4461 feet to a point, 200 feet north of the northern right-of-way line of U.S. Highway I-85; thence northwesterly along a line 200 feet north of and parallel to the north right-of-way line of U.S. I-85, a distance of approximately 1227 feet to a point; thence in a southwesterly direction perpendicular to the west bound lane of U.S. Highway I-85, a distance of approximately 969 feet to a point on the west right-of-way line of the Southern Railway; thence southerly along and with the west right-of-way line of the Southern Railway, a distance of approximately 660 feet to a point on a projected line, which is 200 feet west of the west property line of Morreene Road; thence southerly along a line which is 200 feet west of the west property line of Morreene Road, a distance of approximately 2371 feet to a point; thence N 89°31'22" W, a distance of 1149.20 feet to a point; thence S 8°48'00" W, a distance of 1124.85 feet to a point on the northern property line of American Village; thence N 68°00' W, a distance of 788.52 feet to a point; thence in a westerly direction along an arc to the left, said arc having a radius of 1074.08 feet, a length of 874.20 feet to a point; thence S 65°22' W, a distance of 437.00 feet to a point; thence S 24°38' E, a distance of 60.00 feet to a point; thence S 30°40'26" W, a distance of 118.65 feet to a point; thence S 7°33'25" E, a distance of 69.27 feet to a point; thence S 39°17'11" E, a distance of 71.97 feet to a point; thence S 40°24'14" E, a distance of 529.81 feet to a point; thence S 7°13'47" E, a distance of 116.03 feet to a point; thence S 19°5'34" E, a distance of 256.16 feet to a point; thence S 4°14'17" E, a distance of 1,031.22 feet to a point; thence S 89°4'44" E, a distance of 491.65 feet to a point; thence N 25°56'59" E, a distance of 1,382.77 feet to a point; thence N 27°8'27" E, a distance of 353.35 feet to a point; thence S 72°13'07" E, a distance of 1323.30 feet to a point; thence S 38°51'20" E, a distance of 1,360.07 feet to a point on the western right-of-way line of U.S. 15-501; thence in a southerly direction along said western right-of-way line of U.S. 15-501, a distance of approximately 10,000 feet to a point of intersection on said western right-of-way line of U.S. 15-501, a line 200 feet south of and parallel to the southern property line of Cornwallis Road, said point being the place and point of beginning.

Whenever the corporate boundaries of the City are altered in accordance with General or Special Law, such changes in the corporate boundaries shall be indicated by appropriate additions to the official map or description of the boundaries of the City, to be maintained in the office of the City Clerk.

"CHAPTER II.

"ELECTIONS.

"Sec. 3. Conduct of Elections. – The general municipal elections shall be conducted in the manner prescribed by the uniform municipal election laws of North Carolina.

The non-partisan primary and election method shall be used to nominate candidates and determine the results of the City's elections.

"Sec. 4. Election Wards. – The territory located within the corporate limits of the City shall continue to be divided into six numbered election wards. A written description or map showing the current boundaries of the respective six election wards shall be maintained in the office of the City Clerk, and shall be available for public inspection.

Such ward boundaries may be amended periodically pursuant to the provisions of General Law.

Whenever areas are hereafter annexed and made a part of the City, the City Council shall by ordinance redefine and rearrange the six election wards so as to include such annexed areas. Such ordinance shall be adopted at least seven days prior to the opening of the registration books for the municipal election next succeeding the date of any annexation and shall provide for six election wards of approximately equal population. In redefining and rearranging the election ward lines, the City Council shall follow as nearly as practical, existing ward lines.

"Sec. 5. Elective Offices. – At the regular municipal elections to be held in 1975, and on every fourth year thereafter, the voters of the City shall elect a mayor and six council members. Three council members shall be elected at large from the residents of the City, and one council member shall be elected from each of Wards 2, 4, and 6, respectively.

At the regular municipal elections to be held in 1977, and on every fourth year thereafter, the voters of the City shall elect a mayor and six council members. Three council members shall be elected at large from the residents of the City, and one council member shall be elected from each of Wards 1, 3, and 5, respectively.

Candidates for election to ward seats on the Council shall reside in and represent their respective wards, but all candidates for City Council and the Mayor shall be nominated and elected by all the voters of the City.

The Mayor shall serve for a term of two years, and all Council members shall serve for a term of four years.

"CHAPTER III.

"MAYOR AND COUNCIL.

"Sec. 6. City Council. – The Council members and Mayor, when elected and duly qualified, shall constitute a board to be known and designated as the City Council.

"Sec. 7. Oaths of Office. – The Mayor and each Council member, before entering upon the duties of the office to which they have been elected, shall take before some officer authorized to administer oaths an oath that they will fairly and impartially perform the duties of their office. The Mayor and Council members shall hold their respective offices until their respective successors have been duly qualified.

"Sec. 8. Powers of the City Council. – The City Council shall have full power and authority, except as otherwise provided for in this Charter, to exercise all of the powers conferred upon and delegated to the City of Durham by this Charter and by the laws of North Carolina. The City Council shall have power to make such ordinances, rules and regulations as it may deem necessary for the proper government of the City and to promote and safeguard the health, morals, safety and general welfare and convenience of the public. The City Council may provide for the proper enforcement of such ordinances, in such manner as it may think best, by fine, imprisonment or otherwise. The City Council may provide for the organization of the offices, departments and divisions of City government, not inconsistent with this Charter.

"Sec. 9. Powers and Duties of the Mayor. – The power and duties of the Mayor shall be such as are conferred upon him by this act, together with such others as are conferred by the City Council in pursuance of the provisions of this act and no other.

He shall preside at all meetings of the City Council and shall vote upon all questions unless excused as provided in Section 11(3) of this Charter, but shall have no additional vote in case of a tie. He shall appoint all standing committees and special committees of the City Council, unless the City Council shall vote to elect any or all of such standing or special committees.

He shall be recognized as the official head of the City, and shall be so considered by the public for all ceremonial purposes. He shall have power to administer oaths and take affidavits. Such functions not enumerated in this Charter as are conferred upon the Mayor by the General Laws of the State shall be exercised by the City Manager, unless the City Council designates some other person to exercise the same.

"Sec. 10. Mayor Pro Tempore. – During the disability of the Mayor, or his absence from the City, the functions of his office shall devolve upon some member of the City Council designated by that body as Mayor Pro Tempore at its first meeting after each general municipal election. The Mayor Pro Tempore shall preside over meetings of the City Council in the absence of the Mayor.

"Sec. 11. Meetings of the City Council. – (1)  Regular meetings of the City Council shall be held at least twice but not more than four times each month at such times as may be designated by ordinance of the City Council.

(2)       The Mayor, any four members of the City Council, or the City Manager, hereinafter provided for, may call special meetings of the council upon at least six (6) hours notice to each member. Notice may be given to a member by direct telephone communication with such member or by direct personal conversation with such member or by written notice to any member not otherwise notified by serving such written notice personally upon such member or by leaving such written notice at such member's residence or business. Written notice as provided herein may be served by any person or persons designated by the City Manager. A special meeting may be held at any time without notice provided that all of the members of the Council attend.

(3)       Meetings of the City Council shall be public, when required by G.S. Chapter 143, Article 33B, and any citizen shall have access to the records or minutes thereof at all reasonable times, unless otherwise provided by law. A majority of the members of the City Council shall constitute a quorum for the transaction of business. The ayes and noes shall be taken upon the passage of all ordinances, resolutions or actions having the effect of an ordinance or resolution and entered by the Clerk upon the journal of the proceedings of the Council. The City Council may provide for the taking of aye and nay votes by means of electronic or mechanical tabulation visible to persons attending the meeting. Every ordinance, resolution or action having the effect of an ordinance or resolution shall require on its passage seven affirmative votes, provided, however, any provision of General Law requiring a different vote than prescribed herein shall control except the provisions of G.S. 160A-75 which shall not apply to the City of Durham. An ordinance is effective upon passage or at such subsequent time as the City Council may prescribe. No member shall be excused from voting, except on matters involving consideration of his own official conduct, or where his financial interests are involved. In all other cases, a failure to vote by a member who is physically present in the Council Chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as an affirmative vote. The question of the compensation and allowances of members of the Council is not a matter involving a member's own financial interest or official conduct.

"Sec. 12. Appointive Powers Continued. – The City Council shall continue to have such power and authority to appoint officers and members of boards and commissions, such as members of the City Board of Education, as was heretofore delegated to the Board of Aldermen under prior laws applicable to the City.

"Sec. 13. Refusal to Serve; Vacancies. – The City Council shall be the judge of the election and qualifications of its members.

If any person chosen Mayor shall refuse to be qualified, or if there is a vacancy in the office after election and qualification, the City Council shall choose some qualified person as Mayor for the term, or for the unexpired portion of the term as the case may be. Similarly, the City Council shall choose other eligible persons to fill the place of such Council member or members as shall refuse to serve, and fill vacancies which may occur. If the vacancy to be filled occurs in a seat occupied by a Council member nominated from a ward, then such person chosen to fill such vacancy shall reside in the ward from which the Council member whose place is to be filled was nominated.

"Sec. 14. Double Office Holding. – No person elected to the City Council, whether he qualify or not, shall, during the term for which he was elected, be elected or appointed to any other position, or office of trust or profit, under the city government. However, when a vacancy exists or shall occur in the office of Mayor, a Council member shall not be debarred from election as Mayor for the existing term or unexpired part of the term.

"Sec. 15. Removal of Elective Officers from Office. – (1)  Absence from five consecutive regular meetings shall operate to vacate the seat of a Council member, unless the absence is excused by the Council by resolution setting forth the reason therefor, and such resolution shall be entered upon the minutes.

(2)       The City Council by a vote of seven of its members, in meeting assembled, shall have power to remove from office the Mayor or any Council member for misfeasance, malfeasance, corruption, neglect of duty or other misconduct in office, but the person to be proceeded against shall have at least ten days' notice in writing of the motion to remove him, accompanied by a copy of the charges alleged as the grounds for his proposed removal. He shall have the right to be heard in person or by counsel in his defense. In case of the removal of the Mayor, or any Council member, the vacancy shall be filled by the City Council or the remaining members thereof.

(3)       The Mayor or any member of the City Council may also be removed from office in the following manner:

(a)       Any elector of the City may make and file with the City Clerk an affidavit containing the name of the City officer whose removal is sought and a statement of the grounds alleged for his removal. The Clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks for demanding such a removal, printed forms of which he shall keep on hand. Such blanks shall be issued by the Clerk with his signature thereto attached and shall be dated and addressed to the council, indicate the person to whom issued, and state the name of the officer whose removal is sought. A copy of the petition shall be entered in a record book kept for that purpose in the office of the Clerk. A recall petition to be effective must be returned and filed with the Clerk within 30 days after the filing of the affidavit, and to be sufficient must bear the signature of at least twenty-five per centum (25%) of the registered voters of the City as shown by the registration sheets of the last preceding general municipal election. A recall petition, if insufficient as originally filed, may be amended as hereinafter provided.

(b)       If a recall petition, or amended petition shall be certified by the Clerk to be sufficient he shall at once submit it to the council with his certificate to that effect and shall notify the officer whose removal is sought of such action. If the officer whose removal is sought does not resign within five days after such notice the Council shall thereupon order and fix a day for holding a recall election. Any such election shall be held not less than 40 nor more than 60 days after the petition has been certified to the Council, and it may be held at the same time as any other general or special election within such period; but if no other election is to be held within such period the Council shall call a special recall election to be held within the time aforesaid.

(c)       The question of recalling any number of officers may be submitted at the same election, but as to each such officer a separate petition shall be filed and there shall be an entirely separate ballot.

(d)       The ballots used in a recall election shall submit the following propositions in the order indicated:

[ ]     For the recall of (name of officer).

[ ]     Against the recall of (name of officer).

Except that the spaces left for the name and date shall be filled by the correct names and date, the ballots used in a recall election shall be in form substantially as follows:

'RECALL ELECTION

City of Durham

_______________________ (Month and day of month________ 19__

For the recall of_________________________________________

Against the recall of _______________________________ .'

(e)       If a majority of the votes cast on the question of recalling an officer be against his recall he shall continue in office for the remainder of the unexpired term, but subject to the recall as before. If a majority of such votes be for the recall of the officer designated on the ballot, he shall, regardless of any defects in the recall petition, be deemed removed from office.

(f)        If an officer in regard to whom a sufficient recall petition is submitted to the Council shall resign before the election, or be removed as a result thereof, the vacancy so caused shall be filled in the manner provided by this charter for filling vacancies in such office, except as provided in Section 15(3)(h). But an officer removed by the voters as the result of a recall election, or resigning after a sufficient petition for his recall has been submitted to the Council, shall not be reelected to fill the vacancy caused by his own removal or resignation.

(g)       No recall petition shall be filed against an officer within three months after he takes office, nor, in case of an officer subjected to a recall election and not removed thereby, until at least six months after that election.

(h)       If the recall of a majority of the members of the City Council, including the Mayor as one of the members, shall be effected at a single recall election, the successors of the officers recalled shall be elected by the registered, qualified voters of the City at a special municipal election, and said successors shall serve for the unexpired part of the terms of the officers recalled. The members of the City Council who have not been recalled are empowered to call said special election and to make all necessary provisions regarding the same in conformity to the Constitution and general laws of North Carolina. If the recall of all of the members of the City Council, including the Mayor, shall be effected at a single recall election, they shall be continued in office for the purpose, and only for the purpose, of calling a special municipal election for the election of their successors as above provided, and of ascertaining and declaring the result thereof.

"CHAPTER IV.

"ORGANIZATION AND ADMINISTRATION.

"ARTICLE 1. Appointive Offices.

"Sec. 16. City Manager. – A City Manager shall be chosen to be the administrative head of the municipal government. He shall be chosen by the Council without regard to his political beliefs, and solely upon the basis of his training, and executive and administrative qualifications. The choice shall not be limited to inhabitants of the City or State. The City Manager shall receive such compensation as shall be provided by the Council by ordinance. He shall give such bond as may be required by the City Council. He shall be appointed for an indefinite period, and shall serve at the will of the Council; provided, however, that he may not be removed within 12 months from the date on which he assumed his duties, except for incompetence, malfeasance, misfeasance, or neglect of duty. In case of his removal within this period, he may demand written charges and a public hearing thereon before the Council prior to the date on which his final removal shall take effect; but the decision and action of the Council on such hearing shall be final, and pending such hearing the Council may suspend him from duty. During the absence or disability of the City Manager, or while the office is not filled, the Council shall designate some properly qualified person to perform his duties.

"Sec. 17. Powers and Duties of the City Manager. – The City Manager shall be responsible to the City Council for the efficient administration of all the affairs of the City under his direction and control. It shall be his duty to attend all meetings of the City Council, with the right to take part in the discussion, but without a vote. He shall be entitled to notice of all special meetings. He shall recommend to the City Council from time to time such measures as he shall deem necessary, and shall furnish the City Council with necessary information respecting any of the departments of the City under his direction and control. The City Manager shall not be personally interested in any contract in which the City is a party for supplying the City materials of any kind.

The City Manager shall have power, and it shall be his duty, to see that the laws and ordinances of the City are enforced.

He shall have power and authority to revoke licenses, pending action by the City Council.

Except as otherwise provided in this Charter, the City Manager shall have power to appoint and remove all heads of departments and all subordinate officers and employees of the City. He shall, except when clearly inconsistent with the provisions of this Charter, exercise supervision and control over all departments and divisions created herein, or that hereafter may be created by the City Council. He shall see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof, he shall call the attention of the City Council and the City Attorney to the same. He shall make and execute all contracts on behalf of the City in such manner as is authorized or provided by resolutions or ordinances passed by the City Council. He shall prepare and submit to the City Council a proposed annual budget, after receiving estimates made by the heads or directors of departments or by any board officer, or commissioner not within a department. He shall keep the City Council at all times advised as to the financial needs and condition of the City. He shall from time to time make oral and written reports to the City Council of the condition and efficiency of the various departments of the City government under his direction and control. The Council may in its discretion cause such written reports to be published for the information of citizens. The City Manager shall perform such other duties as may be prescribed by this Charter, or be required of him by ordinance or resolution of the City Council.

The City Manager shall not engage in political campaigns for elective office, nor attempt to influence the result of such campaigns, except by exercising his right to vote. Improper campaign activity as described herein by the City Manager shall be a cause for his immediate suspension or removal from office.

The City Council may delegate authority to the City Manager to purchase real property or interest in real property, provided:

(1)       The purchase price of such real property or interest in real property shall not exceed one thousand dollars ($1,000); and

(2)       The money for the purchase of such real property or interest in real property shall be available in the then current budget; and

(3)       The City Manager, within forty-five (45) days following such purchase, shall submit to the City Council a written report setting forth the names of the persons from whom such property or property interest is purchased, a general description of the property or interest in property acquired, the purchase price paid therefor, and the intended use of such property or interest in property.

The City Council may authorize the City Manager to make, approve, award and execute any contract for the purchase of apparatus, supplies, materials or equipment on behalf of the City provided:

(1)       The City Council shall have approved a sufficient appropriation therefor in the annual budget for the current fiscal year;

(2)       Before any such contract is awarded, the City Manager shall comply with all applicable provisions of Article 8 of Chapter 143 of the North Carolina General Statutes; and

(3)       The contract awarded shall not exceed ten thousand dollars ($10,000).

(4)       The City Manager shall, within 45 days of the award of such contract, report such award to the City Council.

"Sec. 18. Relations Between the City Council and the City Manager. – Except for the purpose of inquiry, the Council and its members shall deal with the administrative service of the City solely through the City Manager hereinafter provided for, unless otherwise provided in this Charter. No member of the Council shall give orders to any of the subordinates of the City Manager either publicly or privately. Where this Charter gives to the City Manager the power to appoint or to employ persons in the administrative service of the City, neither the Council nor any of its members shall dictate the appointment or employment of any such person or persons, but the City Manager shall be left free to exercise his own judgment in appointing or employing such person or persons.

"Sec. 19. Investigations. – The Council and the City Manager, or either of them, shall have power to make investigations as to City affairs and for that purpose to subpoena witnesses, administer oaths, and compel the production of books and papers.

Any person refusing or failing to attend, or to testify, or to produce such books and papers, may by summons issued by such Council or City Manager be summoned before the General Court of Justice by the Council or City Manager making such investigation, and, upon failure to give satisfactory explanation of such failure or refusal, he shall be guilty of a misdemeanor and may be fined a sum not exceeding one hundred dollars ($100.00), or imprisoned for a period not exceeding 30 days. Any person who shall give false testimony under oath at any such investigation shall be liable to prosecution for perjury.

"Sec. 20. City Clerk. – The City Council shall appoint a Clerk to be known as the City Clerk, who shall hold office at the pleasure of the City Council. He shall keep the records and minutes of the City Council, and perform such other duties as may be prescribed by this Charter or by the City Council.

The City Council is authorized and empowered to appoint or designate a person as acting City Clerk to perform the duties of the City Clerk during his or her absence or disability, and in the performance of such duties the acting City Clerk shall possess all of the legal authority and power of the City Clerk.

"Sec. 21. City Attorney. – The City Council shall appoint an attorney who shall be known as the City Attorney, who shall hold office at the pleasure of the City Council. The City Attorney shall be legal advisor to, and attorney and counsel for the City. He shall act as counsel for all officers of the City in matters relating to their official duties. The City Attorney shall appoint and suspend or remove all subordinate attorneys and other employees of the City Attorney's office.

In addition to the duties enumerated, he shall perform such other duties as may be required of him by the City Council.

"Sec. 22. Collector of Revenue. – The City Council shall appoint a Collector of Revenue who shall hold office at the pleasure of the City Council. In all other respects the Collector of Revenue shall be deemed a subordinate of the City Manager. Where the General Laws of North Carolina refer to duties and obligations of a Tax Collector, this reference shall be deemed, insofar as the City of Durham is concerned, to refer to the Collector of Revenue.

"ARTICLE 2. Policemen, Firemen and Public Safety Officers.

"Sec. 23. Authority of City Manager. – The City Manager shall appoint the Police Chief and the Fire Chief. All policemen, firemen and public safety officers are under the supervision and control of the City Manager. The City Manager shall prescribe the uniforms, badges and armaments for policemen, firemen and public safety officers. The City Council may by ordinance, prohibit the wearing of such uniforms and badges by unauthorized persons.

"Sec. 24. Special Police. – No person except as otherwise provided by General Law or by this Charter shall act as special police, special detective or other special police officer for any purpose whatsoever except upon written authority from the City Manager. Such authority, when conferred, shall be exercised only under the direction and control of the Chief of Police and for a specified time.

"Sec. 25. Arrest Authority of Firemen. – Persons exercising the duties of firemen shall have power, and are hereby authorized, to make arrests during fires for interference with or obstruction of their duties.

"Sec. 26. Destruction of Hazardous Buildings. – Whenever any building in the City shall be on fire, it shall be lawful for the Chief of the Fire Department to order and direct such building or any other building which he may deem hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be pulled down or destroyed; and no action shall be maintained against the Chief or any person under his authority, or against the City therefor, except as hereinafter provided. But any person interested in the property so destroyed may within one year thereafter apply in writing to the Council to assess and pay the damages he has sustained. The Council may thereupon pay to the claimant such sum as may be agreed upon between him and the Council. No such claimant shall bring suit against the City for such damage unless he shall have first presented his claim in the manner prescribed by this section, and the City Council shall have declined to pay or settle the same, or for 10 days after such presentation shall have neglected to enter, or cause to be entered, upon its minutes its determination in regard thereto.

"Sec. 27. Auxiliary Policemen and Firemen. – The City Council is authorized to provide by ordinance for the organization, recruiting, training, equipping and appointing of auxiliary policemen and auxiliary firemen for the City, subject to the following conditions:

(a)       Auxiliary policemen and firemen duly appointed by the proper authorities of the City shall, while training and while performing duties on behalf of the City incidental to their appointment, be entitled to the benefits of Chapter 97 of the General Statutes of North Carolina, designated 'Workmen's Compensation Act,' to the same extent that regular employees of the City are entitled to the benefits of the Act. For the purposes of determining the basis for Workmen's Compensation payments to auxiliary policemen such payments shall be based upon the entrance salary of a regular police patrolman of the city at the time of injury to an auxiliary policeman. For the purpose of determining the basis for Workmen's Compensation payments to auxiliary firemen such payments shall be based upon the entrance salary of a regular fireman of the City at the time of injury to an auxiliary fireman.

(b)       Auxiliary policemen and firemen, appointed pursuant to this authority, shall not be entitled to pay for their services unless called into active duty by the City Council because of emergency, in which event they may receive such compensation for their services as shall be fixed by ordinance adopted by the City Council. Auxiliary policemen and firemen shall not be entitled to any of the benefits provided for regular employees of the City, except Workmen's Compensation as set out in this section; provided, that this subsection shall not in any manner affect the rights of any person to benefits provided by the State of North Carolina or by Act of Congress for civilian defense workers or auxiliary policemen or firemen.

(c)       The City shall be entitled to the same immunities with respect to the action of auxiliary policemen and auxiliary firemen in the performance of their duties, while training or otherwise, that it is entitled to with respect to the action of the regular policemen and firemen of the City in the performance of their duties.

"Sec. 28. Political Campaign Activity Prohibited. – Policemen, firemen and public safety officers shall not engage in political campaigns for elective office, nor attempt to influence the result of such campaigns, except by exercise of the right to vote.

"Sec. 29. Director of Public Safety. – The City Council is authorized to provide for the employment of a Director of Public Safety, to fix his compensation, and to define his official duties and authority.

If the City Council provides for the employment of a Director of Public Safety, he shall be under the supervision and control of the City Manager.

"ARTICLE 3. Water Department.

"Sec. 30. Authority to Operate Waterworks. – (1)  The City Council is authorized to conduct and operate the municipally owned waterworks of the City for the purpose of supplying the purchasers of water of the system with a good and wholesome supply thereof. Persons employed by the City in connection with said system shall be appointed by the City Manager and shall be under his supervision and control.

(2)       For the purpose of properly operating and maintaining the system and for making additions and improvements thereto as may be necessary at all times to properly operate the system, the City Council shall have power to acquire by purchase or by condemnation additional property or rights within or without the City.

(3)       The City Council, and all persons acting under their authority, shall have the right to use the ground or soil, in, or upon, or under any road, railroad, highway, lane or alley for the purpose of enlarging or improving or maintaining the plant or system of waterworks owned by the City, upon the condition that they shall not permanently injure any such property, and that the same shall be restored to its original condition, or damages done thereto shall be repaired by the City Council.

"Sec. 31. Rates and Charges. – The City Council shall provide for the collection of all rents, forfeitures or emoluments arising from the operation of the system of waterworks of the City. They shall cause accurate accounts to be kept of all receipts and expenditures of money, from or on account of the operation of the municipal waterworks, separate and apart from the other receipts and expenditures of the City.

The City Council shall regulate the distribution and use of water for all places and all purposes, where the same may be required, and from time to time shall fix a price for the use thereof and the time of payment, and they shall erect such a number of public hydrants in such places as they shall see fit, and shall direct in what manner and for what purpose the same shall be used, and they shall also erect any and all such other hydrants as may be necessary; provided, that the City Council shall have the power to make ordinances, rules and regulations governing the erection, installation and use of hydrants on private property, and to fix the rate of charges therefor; and they are hereby expressly given the right and power to make rules and regulations governing the use of all hydrants heretofore erected on any and all private property as they may deem best for the proper management of the waterworks system and the proper fire protection of the City.

The City Council shall have full power and authority to require payment in advance for the use or rent of water furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may shut off the water from such building, place or premises after five days' notice, and shall not be compelled again to supply the premises, building or place with water until the arrears thereon shall be fully paid.

"Sec. 32. Regulations. – The City Council shall have power to make rules and regulations with respect to the introduction of water into or upon any premises, and from time to time to regulate the use thereof, in such manner as shall seem to them necessary and proper, and the City Council and all engineers, superintendents or inspectors in their service, are hereby authorized and empowered to enter, after demand made and refusal, at all reasonable hours, any dwelling or other place where such water is taken and used where unnecessary waste of water thereof is known or suspected, to examine and inquire into the cause thereof, and if any person refuses to permit such examination, or opposes or obstructs such officer in the performance of such duties, he, she, or they so offending shall forfeit and pay the sum of ten dollars ($10.00), to be recovered before the General Court of Justice in an action by the City Council, and the supply of water may also be cut off until the required examination is made and the required alterations and repairs are made.

If any person or persons shall maliciously or wilfully divert the water or any portion thereof from the City waterworks, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, pipe, or other property, used or acquired for distributing the water, such person shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars ($500.00), or shall be imprisoned not exceeding one (1) year, at the discretion of the court.

The City Council shall have the power to adopt such rules and regulations as may be just and proper, regulating the use of water by householders, persons, firms and corporations, and in order to conserve the water supply of the City in case of any drought may require reasonable curtailment in the use of water by the adoption of reasonable ordinances, rules and regulations; and all persons, firms and corporations in the City are required to observe the ordinances, rules and regulations adopted by the City Council, and any person, firm or corporation who shall fail, neglect, or refuse to observe any of the ordinances, rules and regulations of the City Council shall be subject to and pay a penalty of twenty-five dollars ($25.00) for each offense, to be recovered before the General Court of Justice.

"Sec. 33. Protection of the Public Water Supply. – Whenever it is reported by the City Manager that a case of sickness on the watershed may produce conditions dangerous to the public health, it shall be the duty of the City Council and of the City Manager to take any and all necessary precaution to prevent the public water supply from becoming contaminated, and the City Council and the City Manager, upon the advice of the Durham County Health Department that a sick person can safely be moved, shall be empowered to order the removal of such person to a hospital in or near the City, or at the option of such person to some other place beyond the limits of the watershed, and to cause a law enforcement officer to make such removal: Provided, that all reasonable expenses for care and attention to such sick person at a hospital shall be paid by the City.

"CHAPTER V.

"FINANCE AND TAXATION.

"ARTICLE 1. Annual Budget.

"Sec. 41. Fiscal Year and Annual Estimate. – The City Council shall determine upon the date of beginning of the fiscal year of the City and shall cause to be prepared a plan for financing the municipality during the fiscal year, which plan shall be known as the budget and shall be based upon detailed estimates furnished by the several departments and other divisions of the municipal government. In so determining the fiscal year and providing for the preparation of the budget, the City Council shall act in the manner now or hereafter provided by the laws of the State of North Carolina.

"Sec. 42. Revenue. – In order to raise funds for the current expenses of the City, and thereafter for the improvement of the same, and the payment of the interest on its bonded debt, and the creation of a fund to meet the principal of that debt when due, the City Council shall, in the manner now or hereafter provided by the laws of the State of North Carolina, lay and provide for the collection of the following taxes:

(1)       On real and personal property within the limits of the City, and all other subjects taxable by the General Assembly of the State, as specified and valued under the provisions of law, an ad valorem tax not exceeding the limit fixed by law on every hundred dollars of such valuation as of the date fixed in each year for the valuation of property for taxation for State and county purposes.

(2)       All other taxes, as authorized by act of the General Assembly.

"Sec. 43. Collection of Liens and Charges. – When any lien or charge for repairs or improvements of the sidewalks, gutters or streets of the City, or for the inspection, removal or destruction of buildings, or for the suppression and removal of nuisances, or other lien or charge of whatever nature or kind, authorized by this Charter, shall be due and unpaid to the City, the Collector of Revenue shall proceed to collect the same by the same process and in the same manner as he is authorized to collect taxes due upon the property subject to such lien or charge by applicable State and local laws.

"ARTICLE 2. Property Taxes.

"Sec 44. Administration. – The listing and appraisal of property and the levy and collection of property taxes in the City shall in all respects be governed by the General Laws of the State, except as they shall be specifically amended by this Charter.

"Sec. 45. Acceptance of Deeds in Lieu of Payment. – (1)  When the taxes or any special assessments upon any real property in the County of Durham are past due and unpaid, and the owner or owners thereof offer to convey such real property to the City, the City Council is authorized to accept the deed for such real property in payment of the taxes and special assessments due the City, and to pay the necessary expense of procuring and recording such deed.

(2)       The acceptance of such deed by the City Council shall not interfere with the lien for taxes or assessments due any other taxing unit, and shall not interfere with any other valid recorded lien on such real property at the time of the execution of such deed. Any real property so conveyed to the City may be resold by such unit at any time to such person or persons and for such price as the City Council may approve.

(3)       This section amends G.S. 105-357(a) of the Machinery Act.

"ARTICLE 3. Privilege License Taxes.

"Sec. 46. Authority To Impose. – In addition to subjects listed for taxation, the City Council is hereby authorized and empowered to impose taxes on trades, professions, franchises, privileges, licenses, and other subjects of taxation not inconsistent with the Constitution of the State of North Carolina. The City Council shall have power to graduate any of the license taxes on trades, professions, franchises, privileges, licenses, or businesses, by dividing the same into classes, according to size, patronage, or income: Provided, the said taxes must be uniform for all in a class. Any person carrying on or practicing any franchise, business, profession, or trade of any kind in the City upon which a license tax has been levied by the City Council, without having first obtained a license therefor, shall be guilty of a misdemeanor.

"Sec. 47. License Year. – The license year shall begin on the first day of June of each and every year.

"Sec. 48. License Not Transferable. – No license issued by the City Council shall be for more than a year, and same shall not be transferable or assignable except by the permission of the City Council.

"CHAPTER VI.

"ADDITIONAL POWERS.

"ARTICLE 1. Law Enforcement.

"Sec. 49. Payment of Rewards. – (1)  The City Council is hereby fully authorized and empowered, in its sound discretion, to offer to pay, and to pay, rewards to any person or persons who furnish information leading to the arrest and conviction of any person who turns in a false fire alarm, or who wilfully injures or damages any property or facility owned, operated, or maintained by the City, or who commits within the City any criminal act in violation of the laws of the State of North Carolina.

(2)       Any available public funds may be used for the purposes herein specified, it being the legislative determination and declaration that the offering and payment of such reward for this purpose is in promotion of the public safety and general welfare and is a necessary governmental function.

"Sec. 50. Investigations of City Affairs. – (1)  The governing boards of the City and the County of Durham are hereby authorized jointly to establish from time to time in their discretion a special jury commission for the purpose hereinafter set out. If such jury commission is established, it shall be composed of five (5) members of the City Council, to be appointed by the Mayor, and three (3) members of the Board of Commissioners of Durham County, to be appointed by the chairman of such Board, all of whom shall serve ex officio as members of the special jury commission without additional compensation. It shall be the duty of the special jury commission, if established, to select from among all the qualified persons eligible for jury duty in Durham County the names of eighteen (18) persons, who shall constitute a special grand jury for the purposes set out in this section.

(2)       If the special grand jury authorized under Section 1 of this section is drawn, it shall choose from among its members a chairman, who shall have authority to administer oaths. It shall be the duty of the special grand jury to inquire into, examine and investigate the conduct and activities of the police department of the City and of the law enforcement officers of Durham County, with particular reference to any evidence of criminality among such law enforcement officers or any evidence of collusion with criminal elements or acquiescence in criminal conduct, and shall also investigate any evidence of organized crime or racketeering in the County and City and any evidence of a connection between such organized crime and any officials or employees of the County or City. The special grand jury shall have the same power and authority with respect to summoning and examining witnesses under oath, returning bills of indictment, and carrying on investigations to the same extent and in the same manner as the regular grand jury of the County, and bills of indictment returned by it to the Superior Court of Durham County shall have the same force and effect as bills of indictment returned by the regular grand jury of the County. The special grand jury shall make such report and recommendations to the governing bodies of the City and County of Durham as to it the facts revealed by its inquiries and investigations seem to justify.

(3)       The special jury commission authorized by this section shall have power and authority to employ some duly qualified attorney to act as special prosecutor in connection with the work of the special grand jury and to employ such clerical assistance and purchase such supplies as may be needed by the special grand jury and the special prosecutor. The special prosecutor shall bear the same relation to the special grand jury as the district solicitor bears to the regular County grand jury, and it shall be the duty of the special prosecutor to assist the district solicitor in the prosecution of any cases in the Superior Court upon bills of indictment returned by the special grand jury. All cost, expenses of the special grand jury and of the special prosecutor and of clerical assistance and supplies shall be borne one-half by the City and one-half by the County of Durham. The City Council and the Board of County Commissioners of Durham County are hereby expressly authorized to appropriate and expend from general or other funds of the City and County respectively, the amounts of money which may from time to time be necessary to carry out the provisions of this section.

(4)       Upon the completion of its investigation and upon making its reports and recommendations to the governing bodies of the City and County of Durham, any such special grand jury shall make a final report to the Senior Resident Superior Court Judge of the fourteenth judicial district and shall thereupon be discharged.

"ARTICLE 2. Streets, Traffic and Parking.

"Sec. 51. Street Closings; Notice. – In the closing of streets and alleys in the city pursuant to the provisions of G.S. 160A-299, a copy of the resolution declaring the Council's intent to close any street or alley need be sent only to those owners of property adjoining the street or alley in the portion of the street or alley proposed to be closed.

"Sec. 52. Railroad Crossings. – The City is authorized to provide for the better protection of life, limb, person and property at crossings of the streets of the City and the railroad tracks now located, or which may hereafter be located, in the City, and to require railroad companies operating on these tracks to erect gates or place flagmen to warn the public of the approach of trains or engines.

"Sec. 53. Openings under the Streets; Obstructions. – The City shall have the authority to prevent cellars from being opened under the streets or sidewalks of the City, and to prevent the depositing of trash boxes or other rubbish or obstructions upon the streets or sidewalks of the City.

"Sec. 54. Regulation of Parking. – (1)  The City is granted the power and authority to enact ordinances for the regulation of the use by vehicles of

(a)       Municipally owned or operated off-street parking areas and facilities;

(b)       Off-street publicly owned parks, outdoor recreation areas, yards and grounds occupied by public buildings; and

(c)       Privately owned areas permissively used by the general public for street purposes.

(2)       In the exercise of the power and authority granted by subsection 1 hereof, the Council shall have full power and authority to make and provide criminal penalties for violations of such ordinances, not exceeding the penalties provided by General Law for the violation of city ordinances; provided, however, the Council is granted power and authority, in addition to the foregoing, to provide that such vehicles in violation of parking regulations at any of the places included within the authority designated herein may be towed away and the owner or person responsible therefor required to pay the resulting towing and storage charges.

(3)       The Council is authorized to provide by ordinance that vehicles stalled, wrecked, abandoned, or illegally parked upon any of the public streets of the City may be removed therefrom by having the same towed away to such off-street or other on-street place as may be designated by the Council, and to require that the owner or person, firm, or corporation responsible for the vehicle be required to pay the towing and storage charges accruing from such removal; and in the carrying out of the provisions relating to the removal and storage of vehicles, the Council is fully authorized and empowered to provide such towing and storage facilities by and through its own forces, equipment, and property as well as by contract with independent towing and storage contractors and operators, and the Council may appropriate and use reasonable sums of public funds to defray the necessary expenses thereof.

"Sec. 55. Removal of Abandoned or Junked Motor Vehicles from Private Property. – (1)  In addition to the power and authority now possessed or hereafter granted by General or Special Laws, the City Council is hereby granted the power and authority to establish charges to be made for the cost of removing abandoned or junk motor vehicles from private property. When the City causes the removal of any such vehicles from private property pursuant to an ordinance permitting such removal and the owner or other person having control of the property fails to pay the cost of such removal and disposal within 30 days after it becomes due, the amount of the cost of removal and disposal of such vehicle shall on the 30th day after the due date thereof become a lien against the real property from which the vehicle was removed; and the amount of such costs shall be placed upon the tax books of the City against the property and may be collected and the lien may be foreclosed in the same manner as taxes are collected and foreclosed, or by suit, as the municipality may determine.

(2)       A motor vehicle shall be deemed to be abandoned or a junk motor vehicle for the purposes of this section in the following circumstances: (1) it is partially or completely dismantled or wrecked; or (2) it is incapable of self-propulsion or of being moved in the manner for which it was originally intended; or (3) it has been abandoned, is inoperable, or damaged and worth less than fifty dollars ($50.00); or (4) it is a junk vehicle and has been so abandoned for a period of not less than 30 days.

(3)       The provisions of this section and of any ordinance enacted pursuant hereto are hereby declared to be in furtherance and promotion of the public interest and welfare and to constitute a public purpose.

"Sec. 56. Private Parking Lots. – The provisions of G.S. 20-162.2, relating to the removal of unauthorized vehicles from private lots, shall also apply to parking spaces leased to persons, firms or corporations in parking lots or garages owned, leased or otherwise operated by the City.

"ARTICLE 3. Police Power.

"Sec. 57. Shade Tree Protection. – The City Council is authorized to adopt such measures as may be necessary to protect the shade trees of the City.

"Sec. 58. Regulation of the Use of Public Property. – The City Council is empowered to adopt such ordinances for the regulation and use of the streets, squares and parks and other public property belonging to the City as the City Council may deem best for the public welfare of the citizens of the City.

"Sec. 59. Suppression of Nuisances. – The City Council is authorized to take action to prevent, suppress and remove nuisances in the City.

"Sec. 60. Fireworks and Firearms. – The City Council shall have power to regulate or prevent the firing of firearms, fireworks, and all explosives or combustible or dangerous material in the streets, public grounds or elsewhere, within or near the City.

Fireworks may be exhibited, used or discharged at public exhibitions, such as fairs, carnivals, shows of all descriptions and public celebrations, only after written permission has been obtained from the City Council.

"Sec. 61. Sunday Observance. – The City Council shall have the authority to make suitable regulations for the observance of Sunday in the City and to provide for the proper enforcement of the same.

"Sec. 62. Regulation of Amusements. – The City Council may provide for the regulation and restraining of theatrical performances, moving picture shows, carnivals and other public performances or amusements within said City, and to enforce all such provisions.

"Sec. 63. Removal of Trash, Weeds, etc., Lien. – The City Council shall have power to require the owner or owners of all premises, vacant or improved, to keep the same free from trash, obnoxious weeds, overgrowth, solid wastes and stagnant water and to provide that in the case of failure on the part of such owner or owners to comply with any such requirement, to go upon their premises and perform such work as may be necessary to comply with such requirement, and to charge the cost thereof against the premises upon which such work is performed.

The costs to the City of any work performed under this section shall constitute a lien upon the premises upon which the work is performed and may be collected in the same manner as taxes upon real property. The term 'costs' as used in this section shall include interest at the rate of eight percent (8%) per annum until said lien is paid.

"ARTICLE 4. Regulation of Businesses.

"Sec. 64. Regulation of Bondsmen. – The City Council shall be authorized to regulate and license professional bondsmen and sureties, in accordance with the authority granted to the City by the Session Laws of 1949, Chapter 899.

"Sec. 65. Protection of Businesses from Fraud. – The City Council shall be authorized to protect hackmen, carriage drivers, chauffeurs, keepers of restaurants, boardinghouses and hotels from being cheated, defrauded or deprived of just compensation for services rendered or accommodation furnished, and, if necessary for such purposes, to make and enact ordinances prescribing fines and penalties.

"Sec. 66. Licensing of Plumbers and Electricians. – (1)  The City Council may regulate and license plumbers and those engaged in the electrical wiring of buildings for light, power or heat, and before issuing a license may require the applicant to be examined and to give bond in such sum and upon such conditions as the City Council may determine, and with such sureties as it may approve, and the City Council, may, for incompetency on the part of such licensee or for refusal to comply with the ordinances relating to such business, or for any other good cause, revoke any license issued hereunder.

(2)       No person, firm or corporation shall do any kind of plumbing or electrical wiring of buildings without first having obtained a license from the City Council.

"ARTICLE 5. Franchises.

"Sec. 67. Franchises. – When in their judgment it is necessary for the safety, welfare, or convenience of the people of the City, the City Council shall have power to grant franchises for the use of the public property of the City. No franchise shall be granted for a longer period than 60 years.

"Sec. 68. Right of City to Purchase or Take Over Property. – Every grant of a franchise or privilege and every contract therefor, made or granted by the City, may provide that at the expiration of the term or period for which it is made or granted, the City, upon the payment of a fair valuation thereof to be made in the manner provided in the grant or contract, may purchase and take over to itself the plant as well as the property, if any, of the grantee in the streets, avenues and other public places in its entirety, but in no case shall the value of the franchise of the grantee be considered or taken into account in fixing such valuation; or such grant and contract may provide that such plant and property shall at the expiration of such term or period become the property of the City without any compensation to the grantee.

"Sec. 69. Method of Granting Franchise. – No franchise shall be granted, renewed, extended or amended except by ordinance. No franchise shall be granted, renewed, extended or amended unless the City Council shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published once each week for four successive weeks before the date of the hearing. The notice shall fix the date, hour and place of the hearing, and shall contain a statement of the Council's intent to consider the granting, renewing, extending or amending of the franchise. The ordinance may be adopted at the meeting at which the public hearing is held or at some subsequent meeting. The ordinance shall be effective upon passage or at such subsequent time as the Council may prescribe without the necessity of being adopted at two regular meetings of the Council. No such ordinance shall be held invalid for failure to observe the procedural requirements for enactment imposed by this section unless the issue is joined in an appropriate proceeding initiated within 90 days after the date of passage of the ordinance.

"Sec. 70. Transfer of Franchise. – No franchise shall be transferable except with the approval of the Council expressed by ordinance, and copies of all transfers and mortgages or other documents affecting the title or use of any franchisee shall be filed with the City Manager within ten days after the execution and delivery thereof.

"Sec. 71. Rights Reserved to the City. – All grants, renewals, extensions or amendments of franchises, whether so provided in the ordinance or not, shall be subject to the right of the City:

(1)       To repeal the same by ordinance at any time for misuse or nonuse, or for failure to begin construction within the time prescribed or otherwise to comply with the terms prescribed.

(2)       To require proper and adequate extension of plant and services and the maintenance of the plant and fixtures at the highest practicable standard of efficiency.

(3)       To establish standards of service and quality of products and prevent unjust discrimination in service or rates.

(4)       To prescribe the form of accounts and at any time to examine and audit the accounts and other records of any such franchisee; provided that, if forms of account shall have been prescribed by the State Utilities Commission of North Carolina for public utilities through the State the forms so prescribed shall be controlling so far as they go. But the Council may prescribe more detailed forms for the franchisees within its jurisdiction.

(5)       To impose such other regulations as may be conducive to the health, safety, morals, welfare and conveniences of the public. "Sec. 72. Extensions.–All extensions of public utilities within the City limits shall become a part of the aggregate property of such public utility, shall be operated as such and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any such extension shall terminate with the original grant.

"Sec. 72. Extensions. – All extensions of public utilities within the City limits shall become a part of the aggregate property of such public utility, shall be operated as such and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any such extension shall terminate with the original grant.

"Sec. 73. Regulation of Franchise Services. – Consistent with applicable State laws, the City Council shall have the authority to:

(1)       Prescribe and regulate the charges for the carriage of persons, baggage and freight by bus, street car, automobiles, taxicabs, wagons, or other vehicles used in the City for the transportation for hire of persons, or things, and also to prescribe rules and regulations for the operation of all such vehicles.

(2)       Establish all necessary rules and regulations for the government and conduct of the business of such persons or corporations as are engaged in supplying electricity or gas for lighting, heating or other purposes, street railway service, telephone service and other public utility service in the City, in order that the health, safety and convenience of the citizens of the City shall be secured.

"ARTICLE 6. Eminent Domain.

"Sec. 74. Optional Condemnation Procedures. – In addition to any other authority for the condemnation of property which is given to the City by General or Special Law, the City shall be authorized to:

(1)       Purchase or acquire by condemnation any land, including the dwelling, yard, or garden of any person, as may be necessary for the opening, extension, widening or improvements of the streets or alleys, or for the purpose of acquiring land for parks or public buildings, or for any other public purpose.

(2)       Condemn any land that may be required for the purpose of erecting any building or buildings for the City Hall, market houses, fire companies, graded or public schools, and for any other public building, whether like those enumerated above or not.

"Sec. 75. Chapter 136 Procedure Authorized. – The procedures provided in Article 9 of Chapter 136 of the General Statutes, as specifically authorized by G.S. 136-66.3 (c), shall be applicable in the case of acquisition by the City of lands, easements, privileges, rights-of-way, and other interests in real property for any and all public purposes in the exercise of the power of eminent domain; and the City, when seeking to acquire such property or rights or easements therein or thereto, shall have the right and authority, at its option and election, to use the provisions and procedures as authorized and provided in G.S. 136-66.3(c) and Article 9 of Chapter 136 of the General Statutes for any of such purposes without being limited to streets constituting a part of the State Highway System; provided, however, that nothing herein shall be construed to enlarge the power of the city to condemn property already devoted to public use.

"Sec. 76. Determination of Compensation. – In any case where the City shall condemn land for any public purpose, the appraisers appointed in such proceeding or proceedings shall determine what amount, if any, shall be paid to the owner or owners of such land so taken for public use, and shall determine to what extent such lands, or the remainder thereof, is benefitted either specially or in common with other lands similarly situated, and the amount to be paid to such owner or owners shall be reduced by the amount by such benefit or benefits accruing to such lands either special or in common with other lands similarly situated, and when such benefits, either special or in common with others as aforesaid, are ascertained to exceed the damages of such lands, then the City, in acquiring the same by right of eminent domain, shall pay the cost of the proceeding except as otherwise provided by law, and shall not have judgment for the excess of benefits over the damage.

"ARTICLE 7. Special Assessments for Improvements.

"Sec. 77. Assessments for Water, Sewer, Street, Sidewalk, Grass Plot, Lighting, and Waterfront Improvements. – (1)  It is the purpose of this section to provide a method whereby one or more local improvements of the kind specified in subsection four of this section and the assessments therefor may be made on or in one or more streets in a single proceeding by the City.

(2)       This section is intended to prescribe the complete procedure for the making of those local improvements referred to in subsection four and for assessing and collecting such portion of the cost thereof as is hereinafter provided; but the method hereby provided is not intended to be exclusive, and the City may proceed with respect to such local improvements either as prescribed by this section or as is now or may hereafter be prescribed by the Special or General Law.

(3)       In this section certain words and phrases will be used with the followng meaning, unless some other meaning is plainly intended:

(a)       A 'local improvement' is an improvement defined by this section and made under the provisions hereof.

(b)       A 'street' is a public way embracing a street, boulevard, avenue, lane, alley, parkway, court and terrace, but not embracing sidewalks.

(c)       A 'sidewalk' is a path for pedestrians along a street.

(d)       A 'storm sewer' is a conduit above or below ground for the passage of storm water, and may embrace a pumping station and outlet where deemed necessary; and may also embrace the building of culverts over or the enclosing of streams where necessary or advisable to carry off storm water.

(e)       A 'sanitary sewer' is a conduit for the passage of sewage, and may embrace a pumping station and outlet where deemed necessary.

(f)        A 'water main' is a pipe for the passage of city water for public hydrants and private and public use and consumption.

(g)       A 'lateral' is a pipe connecting a storm or sanitary sewer or water main with the line of adjacent property or the curb line, as the City Council may prescribe, being either a sewer lateral or a water lateral, but does not include a building connection, that is a pipe extending from a lateral at the property line or curb line to the house or plumbing fixtures on the property to be served.

(h)       The word 'sewer' includes both sanitary and storm sewers unless a contrary intention is shown.

(4)       Improvements authorized to be made under the provisions of this section are divided into eight classes, as follows:

(a)       Water main improvements, which include the laying or construction of water mains, the relaying where necessary of parts of paved streets and sidewalks torn up or damaged incident to the laying or construction of such mains, and in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the City Council so directs, the laying of water laterals.

(b)       Storm sewer improvements, which include the laying or construction of storm sewers, the relaying where necessary of parts of paved streets and sidewalks torn up or damaged incident to the laying or construction of such sewers, and in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the City Council so directs, the laying of storm sewer laterals.

(c)       Sanitary sewer improvements, which include the laying or construction of sanitary sewers, the relaying, where necessary, of parts of streets and sidewalks torn up or damaged incident to the laying or construction of such sewers, and in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the City Council so directs, the laying of sanitary sewer laterals, the construction or reconstruction of pumping stations and force mains or the construction or reconstruction of sanitary sewer outfalls.

(d)       Street paving improvements, which include the grading, regrading, paving, repaving, macadamizing and remacadamizing of streets, with necessary drainage, sewer inlets, manholes and catch basins and the construction or reconstruction of retaining walls made necessary by any change of grade incident to such improvement, and in any case where the improvement is made upon petition if the petition so requests, or in any case where the improvement is made without petition if the City Council so directs, it may include the construction or reconstruction of curbs, gutters and drains.

(e)       Sidewalk improvements, which include the grading, regrading, construction and reconstruction of paved or otherwise improved sidewalks, the construction or reconstruction of retaining walls made necessary by and incident to such improvement, and in any case where the improvement is made upon petition, if the petition so requests, or in any case where the improvement is made without petition if the City Council so directs, it may include the construction or reconstruction of curbs, gutters, and drains.

(f)        Grass plot improvements, which include the grading and planting of grass plots in a street or along one or both sides of a street.

(g)       Lighting improvements, which include the construction of street lighting systems, consisting of ornamental lights or of lights of greater strength, or lights placed at more frequent intervals, or both, than is ordinarily provided by the City making the improvement for streets of such character at public expense.

(h)       Water front improvements, which embrace the construction of boardwalks, bulkheads, seawalls and other retaining walls along a bay, river, canal or lake, with necessary fills and dredging, and may embrace the acquisition by purchase, condemnation or otherwise of land, rights and easements therefor.

(i)        Opening, clearing, grading, drainage, and otherwise improving streets, avenues and alleys dedicated for public use by a recorded map or plat.

(5)       The power of the City to make the local improvements embraced in this section shall be exercised only upon petition as set out in subsection seven of this section, except in those cases covered by subsection eight of this section, in which cases such power may be exercised without petition. The provisions of this section shall not be construed to limit authority granted elsewhere in this Charter or by general or special law to make special assessments for local improvements without the filing of a petition as provided in this section.

(6)       Any petition to the City Council for the making of the local improvements authorized by this section may embrace any one or more of the classes of local improvements named in subsection four, and may embrace improvements to be made on or in one or more streets; provided, any improvement to be made on or in more than one street shall be practically uniform in cost and kind throughout the improvement.

(7)       The petition for any one or more of such local improvements shall designate by a general description the improvement or improvements proposed, and shall request that the same be made in conformity with the provisions of this section and that such proportion of the cost of each of such improvements as may be specified in the petition be specially assessed against the property abutting on the street or streets or part thereof in which or on which such improvements are proposed to be made. The petition shall be signed by at least a majority in number of the owners, which majority must own at least a majority of all the lineal feet of frontage, of the lands abutting upon the street or streets or part of a street or streets proposed to be improved, excluding street intersections, and for the purpose of the petition, all the owners of undivided interests in any land shall be deemed and treated as one person and such land shall be sufficiently signed for when the petition is signed by the owner or owners of a majority in amount of such undivided interests; provided, that for the purpose of this subsection the word "owners" shall be considered to mean the owners of any life estate, of an estate by entirety, or of the estate of inheritance, and shall not include mortgagees, trustees of a naked trust, trustees under deeds of trust to secure the payment of money, lienholders, or persons having the inchoate rights of a surviving spouse. Upon the filing of such petition with the City Council, the clerk, or other person designated by the Council, shall investigate the sufficiency of the petition, and if it is found to be sufficient, he shall certify the same to the Council.

(8)       Whenever in the judgment of the City Council any street or part of a street is unsafe and dangerous, or whenever the paving or repaving of any street or part thereof is necessary in order to connect streets already paved, or whenever the paving of any street is necessary in order to connect any paved portion of any city streets with a paved highway outside the corporate limits of the City, or whenever the paving of any street or part thereof is necessary to provide a paved approach to any railroad underpass or overpass or other bridge, or whenever any paved street or part thereof has been widened, if in such case, in the opinion of the City Council, public interest requires that the improvement be made, and if, in the opinion of the Council, the abutting property will be benefited by the improvement to the extent of the part of the cost thereof to be assessed against such abutting property, the Council may without petition of the property owners order the making of such improvement. Whenever any such improvement is ordered made by authority of this subsection, the ordering of the paving of any street or part thereof may include the necessary water main and sewer improvements and the necessary water and sewer laterals, and it may, but need not, include the construction of sidewalks on one or both sides of the street.

(9)       Upon the finding by the City Council that the petition for a local improvement or improvements is sufficient, or when it is proposed to make without petition any improvement or improvements authorized to be made without petition by subsection eight of this section, the Council shall adopt a resolution which shall contain substantially the following:

(a)       That a sufficient petition has been filed for the making of the improvement or improvements; or, if it is proposed to make the improvement or improvements without petition, a statement of the reasons proposed for the making thereof;

(b)       A brief description of the proposed improvement or improvements;

(c)       The proportion of the cost of the improvement or improvements to be specially assessed and the terms of payment;

(d)       A notice of the time and place, when and where a public hearing will be held on the proposed improvement or improvements. (The time fixed for such public hearing shall be such as to allow of notice being given thereof not less than ten days' prior thereto.);

(e)       A notice that all objections to the legality of the making of the proposed improvement or improvements shall be made in writing, signed in person or by attorney, and filed with the clerk of the City at or before the time of the hearing and that any such objections not so made will be waived.

At least 10 days prior to the date fixed for the hearing, the City Council shall cause a notice to be published at least one time in a newspaper of general circulation in the City. The notice shall contain the information described in paragraphs (a) through (e) of this subsection (9).

(10)     At the time for the public hearing, or at some subsequent time to which such hearing shall be adjourned, the City Council shall consider such objections to the legality of the making of the improvement or improvements as have been made in compliance with paragraph (e) of the preceding subsection, together with such objections as may be made to the policy or expediency of the making of the improvement or improvements; and the Council shall thereafter determine whether it will order the making of the improvement or improvements. Any objection against the legality of the making of the improvement or improvements not made in writing, signed in person or by attorney, and filed with the clerk of the City at or before the time or adjourned time of such hearing shall be considered as waived; and if any such objection shall be made and shall not be sustained by the Council, the adoption of the resolution ordering the making of the improvement or improvements, as provided in the next following subsection, shall be the final adjudication of the issues presented, unless within ten days after the adoption of such resolution proper steps shall be taken in a court of competent jurisdiction to secure relief.

(11)     After such public hearing, if the City Council determines to make the improvement or improvements proposed, the Council shall adopt a resolution which shall contain:

(a)       If the improvement or improvements are to be made by virtue of a petition, a finding by the Council as to the sufficiency of the petition. (The finding of the Council as to the sufficiency of the petition shall be final and conclusive.) If the improvement or improvements are to be made without petition by virtue of the authority contained in subsection eight of this section, a finding by the Council of such facts as are required by the subsection in order to authorize the Council to order the improvement or improvements made without petition;

(b)       A general description of the improvement or improvements to be made and the designation of the street or streets or parts thereof where the work is to be done;

(c)       If the improvement directed to be made is the paving of a street or part thereof wherein a street railway or railroad company has tracks, a direction that the company pave that part of the street occupied by its tracks, such part to include the space between the tracks, the rails of the tracks, and 18 inches in width outside such tracks, with such material and in such manner as the Council may prescribe, and that unless such paving shall be completed on or before a day specified in the resolution, the Council will cause the same to be done; provided, however, that where any such company shall occupy such street or streets under a franchise or contract which otherwise provides, such franchise or contract shall not be affected by this section, except in so far as may be consistent with the provisions of such franchise or contract;

(d)       If the improvement directed to be made includes the construction of water mains or sewers, and in order to provide such mains or sewers in the street or streets to be improved it is necessary to extend the same beyond the limits of such street or streets, the resolution shall contain a provision for the necessary extension of such mains or sewers and a further provision that the cost of such extension shall eventually be assessed against the lots or parcels of land abutting on the street or streets in which such extensions are made but that such assessment shall not be made until such time as the Council shall thereafter determine;

(e)       If the improvement directed to be made is the paving of a street or part thereof, or the construction of sidewalks, the resolution may, but need not, contain a direction that the owner of each lot abutting on the part of the street to be improved, connect his lot by means of laterals with water mains, gas or sewer pipes, or any one or more thereof, located in the street adjacent to his premises in accordance with the requirements of the City governing the laying of such laterals, and that unless such owners cause such laterals to be laid on or before a date specified in the resolution, such date to be not less than 30 days after the date of the resolution, the Council will cause the same to be laid;

(f)        A designation of the proportion of the cost of the improvement or improvements to be assessed against abutting property, and of the number of equal annual installments in which assessments may be paid. The resolution after its passage shall be published at least once in some newspaper published in the City, or, if there be no such newspaper, the resolution shall be posted in three public places in the City for at least five days.

(12)     The City Council shall have power to determine the character and type of construction and of material to be used and to determine any other details of plan or construction necessary to be determined in making any of the improvements authorized by this section and to determine whether any work to be done by the City shall be done by contract or by forces of the City. The Council shall have power also subject to the provisions of subsection 11, paragraph (e) of this section to determine the number of water, sewer and gas laterals that shall be laid to any lot on any street to be improved. If the work or any part thereof is to be done by contract, the City may let all of the work in one contract, or it may divide the same into several contracts, and may let the contracts separately. In any case where part of a street is required to be paved by a street railway or railroad company as provided in the next preceding subsection, the City may, in the discretion of the Council, contract with the street railway or railroad company for the paving, or work incidental thereto, or both, and the cost of the paving or work incidental thereto, or both, as fixed by the contract shall constitute a lien on the franchises and other property of such street railway or railroad company.

(13)     Upon the completion of the improvement or improvements to be made by the resolution, the City Council shall ascertain the total cost thereof. In addition to other items of cost, there shall be included in such total cost the cost of all necessary legal services, the amount of damages paid or to be paid for injury to property by reason of any change of grade or drainage, including court costs and other expenses incidental to the determination of such damages, and the cost of retaining walls, sidewalks or fences built or altered in lieu of cash payment for such property damage, including the cost of moving or altering any building. In determining the cost of any street lighting improvement, the Council shall ascertain the excess of cost of construction of the system of lighting over and above the cost of construction of such system of lighting as the City provides at public expense for streets of the same kind, and such excess shall be considered the cost thereof. In determining the cost of any of the improvements authorized by this section, the Council shall include therein the interest paid on the cost of the improvement during the period of construction. The determination of the Council as to the total cost of any improvement shall be conclusive.

(14)     Having determined such total cost, the City Council shall thereupon make a preliminary assessment as hereinafter set out in this section. Such preliminary assessment shall, however, be advisory only, and shall be subject to the action of the Council thereon as hereinafter set out in subsection 17 of this section. The preliminary assessment shall be made on the basis hereinafter set out in this subsection for the classes of improvements indicated; provided, that if the petition, or the resolution, in those cases where the improvement was ordered made without petition, specified that there should be specially assessed against the abutting property a smaller proportion of the cost of any improvement than is hereinafter specified in this section, then there shall be assessed against the abutting property only such proportion of the cost of the improvement as was specified in the petition or in the resolution.

(a)       Street paving. The total cost of any street paving improvement, exclusive of so much of the cost as is incurred at street intersections and the share of street railways or railroads, shall be specially assessed against the lots and parcels of land abutting directly on the street paved, according to the extent of their respective frontages thereon, by an equal rate per foot of such frontage. The cost of that part of the paving required to be borne by a street railway or railroad, which paving is done by the City after default by the street railway in making the same, as hereinbefore provided in this section, or which is done by the City by contract with the railway or railroad as provided in subsection 12 of this section, shall be assessed against the street railway or railroad, and the assessment shall be a lien on all of the franchises and property of the street railway or railroad company, and may be collected by sale of such property and franchises as is provided in subsection 23 of this section; Provided, further, that in case of a corner lot, used as a single lot, the Council may provide by ordinance for the City to bear a part of the cost of paving in accordance with the following formula, the amounts or distances therein shown being maximum amounts or distances which may be reduced by the ordinance:

(1)       In the event that neither of the streets abutting a corner lot, used as a single lot, has ever been paved, such lot shall be exempt from assessment for the paving improvement along side of such lot to the extent of 20 per cent of the first 150 feet thereof or 30 feet, whichever is less. Thereafter, upon the paving of the intersecting street on which such lot abuts, such lot shall be exempt from assessment for the paving of the street to the extent of 50 per cent of the frontage on such street or 30 feet, whichever is less.

(2)       In the event that the street along side of a corner lot, used as a single lot, is paved and the intersecting street is to be paved, such lot shall be exempt from assessment for the paving of the intersecting street to the extent of 50 per cent of the frontage thereon or 30 feet, whichever is less.

(3)       In the event a street in front of a corner lot, used as a single lot, has been paved and the street along side of such lot is to be paved, the lot shall be exempt from assessment for the paving improvement along side of such lot to the extent of 40 percent of the frontage on such street or 60 feet, whichever is less.

The exemption herein provided shall apply only in areas zoned for residential use or for apartments, and such portion of the cost of construction as would otherwise be assessed against such corner lot shall be borne by the City;

(b)       Sidewalks. The total cost of constructing or reconstructing sidewalks shall be assessed against the lots and parcels of land abutting on that side of the street upon which the improvement is made, according to their respective frontages thereon by an equal rate per foot of such frontage, the lots within a block being deemed to abut upon a sidewalk although the latter extends beyond the lots to the curb line of an intersecting street; Provided, further, that in case of a corner lot, used as a single lot, the Council may provide by ordinance for the City to bear a part of the cost of sidewalk improvements in accordance with the following formula, the amounts or distances therein shown being maximum amounts or distances which may be reduced by the ordinance:

(1)       In the event that neither of the streets abutting a corner lot, used as a single lot, has sidewalks, such lot shall be exempt from assessment for the sidewalk improvement along side of such lot to the extent of 20 per cent of the first 150 feet thereof or 30 feet, whichever is less. Thereafter, upon the construction of sidewalks on the intersecting street, on which such lot abuts, such lot shall be exempt from assessment for the sidewalk improvement on the street to the extent of 50 per cent of the frontage on such street or 30 feet, whichever is less.

(2)       In the event that the street along side of a corner lot, used as a single lot, has sidewalks and sidewalks are constructed on the intersecting street, such lot shall be exempt from assessment for the sidewalks on the intersecting street to the extent of 50 per cent of the frontage thereon or 30 feet, whichever is less.

(3)       In the event a street in front of a corner lot, used as a single lot, has sidewalks and sidewalks are to be constructed on the intersecting street, the lot shall be exempt from assessment for the sidewalk improvement along side of such lot to the extent of 40 per cent of the frontage thereon or 60 feet, whichever is less.

The exemptions herein provided shall apply only in areas zoned for residential use or for apartments, and such portion of the cost of construction as would otherwise be assessed against such corner lot shall be borne by the City;

(c)       Water mains and sewers. In the case of water mains and storm and sanitary sewers, the cost of not exceeding an eight-inch water or sanitary sewer main and of not exceeding a thirty-inch storm sewer main and of such portion of the mains as lie within the limits of the street or streets, or parts thereof, to be improved as provided in the petition or resolution ordering the same, shall be assessed against the abutting property. Such cost shall be assessed against the lots and parcels of land abutting on the street or streets, or parts thereof, according to their respective frontages thereon (i.e., the entire frontage benefited by the water or sanitary sewer project) by an equal rate per foot of such frontage; provided, that in case of a corner lot, used as a single lot, where there is a water main or sewer already laid on the intersecting street on which the lot abuts and by which the lot is or can be served, no assessment shall be made against the lot for the second water main or sewer for any part of the frontage of the lot except that portion in excess of 150 feet if the lot is in a residential section of the City, or in excess of 100 feet if the lot is in a business section of the City, and in such case the portion of the cost as would otherwise be assessed against the lot shall be borne by the City; provided further, that if a water or sanitary sewer main in excess of eight inches in size or a storm sewer main in excess of thirty inches in size is laid in the portion of the street or streets, then the cost of the water or sanitary sewer main in excess of the cost of an eight-inch main and the cost of the storm sewer main in excess of a thirty-inch main shall be borne by the City, provided further, that if the resolution ordered the construction of any septic tank or disposal plant, no part of the cost of the same shall be specially assessed; provided further, that if the resolution ordered the construction of any pumping station, force main or sanitary sewer outfall, the cost thereof may be assessed against the lots and parcels of land abutting on the street or streets, or parts thereof, according to their respective frontages thereon (i.e., the entire frontage benefited by such pumping station, force main or sanitary sewer outfall) by an equal rate per front foot of such frontage; provided, however, in the case of a corner lot, used as a single lot, where there is a sewer already laid on the intersecting street on which the lot abuts and by which the lot is or can be served, no assessment shall be made against the lot for the costs of any pumping station, force main or sanitary sewer outfall incident to the second sewer for any part of the frontage of the lot except that portion in excess of 150 feet if the lot is in a residential section, or in excess of 100 feet if the lot is in a business section, and in such case the portion of the cost as would otherwise be assessed against the lot shall be borne by the City. Nothing contained herein shall be construed to limit the right of the City to contract with any property owner or owners for the construction of any pumping station, outfall, septic tank or disposal plant or for the construction of water mains or storm or sanitary sewers and for the assessment of the cost thereof according to the terms of such contract;

(d)       Water and Sewer Laterals. The entire cost of each water and sewer lateral required to be laid by the owner of the property for or in connection with which such lateral is laid, but laid by the City after default by the property owner in making the same as hereinbefore provided, shall be specially charged against the particular lot or parcel of land for or in connection with which it was made;

(e)       Water Mains and Sewers and Laterals; Flat Rate Assessment. In lieu of assessing each water and sanitary sewer improvement project on the basis of the cost of that particular project, the City Council shall have authority to establish flat rates per frontage foot for the assessment of property abutting water and sewer improvement projects, based on the average cost of constructing 8-inch water mains and 8-inch sanitary sewer mains in the City, and shall also have authority to establish flat rates for the assessment of property abutting the installation of water and sanitary sewer laterals, based on the average cost of installing such laterals in the City. The Council may then assess property abutting water and sanitary sewer improvement projects on the basis of the flat rates so established, subject to the right of any nonpetitioning property owner to have the assessment against his property adjusted as provided by law upon a showing that his property has not been benefited to the extent of the assessment;

(f)        Grass plots. The entire cost of grading or otherwise improving, or of planting, the grass plots in any street or part thereof, shall be assessed against the lots and parcels of land abutting on the street or part thereof wherein or whereon such improvements are made by an equal rate per front foot of such frontage; provided, that this subsection shall be construed to mean that when a grass plot in any street is graded or planted or otherwise improved, the cost thereof shall be assessed against all of the property abutting on the street within the block where such grass plot is located;

(g)       Lighting improvements. The cost of any lighting improvement, such cost being determined as provided in subsection thirteen of this section, shall be specially assessed against the lots and parcels of land abutting directly on the street or streets, or part thereof, where such improvement is made, according to their respective frontage thereon by an equal rate per foot of such frontage;

(h)       Water front improvements. The cost of any water front improvement shall be specially assessed against the lots and parcels of land abutting on the improvement according to their respective frontages thereon by an equal rate per foot of such frontage.

(15)     For the purpose of assessment, the City Council shall cause to be prepared a preliminary assessment roll, on which shall be entered a brief description of each lot or parcel of land assessed, the amount assessed against each such lot as determined under the provisions of the next preceding subsection, and the name or names of the owner or owners of each such lot, as far as the same can be ascertained; provided, that a general plan map of the improvement or improvements on which is shown the frontage and location of each lot on the street improved, together with the amount assessed against each such lot and the name or names of the owner or owners thereof, as far as the same can be ascertained, shall be a sufficient assessment roll. If the resolution directed the making of more than one improvement, a single preliminary assessment roll for all of the improvements authorized by such resolution shall be sufficient, but the cost of each improvement to each lot affected shall be shown separately.

(16)     After such preliminary assessment roll has been completed, the City Council shall cause it to be filed in the office of the City Clerk for inspection by parties interested, and shall cause to be published one time, in some newspaper published in the City, or if there be no such newspaper the Council shall cause to be posted in three public places in the City, a notice of the completion of the assessment roll, setting forth a description in general terms of the local improvement or improvements, and stating the time fixed for the meeting of the Council for the hearing of objections to the special assessments, such meeting to be not earlier than ten days after the first publication or from the date of posting of such notice. Any number of assessment rolls may be included in one notice. The Council shall publish in the notice the amount of each assessment.

(17)     At the time appointed for that purpose or at some other time to which it may adjourn, the City Council shall hear the objections to the preliminary assessment roll of all persons interested, who may appear and offer proof in relation thereto. Then or thereafter, the Council shall either annul or sustain or modify in whole or in part the prima facie assessment as indicated on the roll, either by confirming the prima facie assessment against any or all lots or parcels described therein, or by cancelling, increasing or reducing the same according to the special benefits which the Council decides each of the lots or parcels has received or will receive on account of such improvement, except that assessments against railroads made because of contract or franchise obligations to pay a portion of cost shall be in accordance with such obligations. If any property which may be chargeable under this section shall have been omitted from the preliminary roll or if the prima facie assessment has not been made against it, the Council may place on the roll an apportionment to such property. The Council may thereupon confirm the roll, but shall not confirm any assessment in excess of the special benefits to the property assessed and the assessments so confirmed shall be in proportion to the special benefits, except as hereinabove provided in the case of franchise obligations of railroads. Whenever the Council shall confirm an assessment for a local improvement, the City Clerk shall enter on the minutes and on the assessment roll, the date, hour, and minute of such confirmation, and from the time of such confirmation the assessments embraced in the assessment roll shall be a lien on the property against which the same are assessed of the same nature and to the same extent as county and City taxes and superior to all other liens and encumbrances. After the assessment roll is confirmed a copy of the same shall be delivered to the collector of revenue of the City.

(18)     If the owner of, or any person interested in, any lot or parcel of land against which an assessment is made is dissatisfied with the amount of such assessment he may, within ten days after the confirmation of the assessment roll, give written notice to the mayor or clerk of the City that he takes an appeal to the Superior Court of Durham County, in which case he shall within twenty days after the confirmation of the assessment roll serve on the Mayor or Clerk a statement of facts upon which he bases his appeal. The appeal shall be tried as other actions at law. The remedy herein provided for any person dissatisfied with the amount of the assessment against any property of which he is the owner or in which he is interested shall be exclusive.

(19)     If it shall be made to appear to the City Council after confirmation of any assessment roll that any error has been made therein, then the Council shall cause to be published one time in some newspaper published in the City, or if there be no such newspaper the Council shall cause to be posted at three public places in the City, a notice referring to the assessment roll in which such error was made, naming the owner or owners of the lot or parcel of land with respect to which such error was made, if the same can be ascertained, and naming the time and place fixed for the meeting of the Council for the correction of the error, such meeting not to be earlier than ten days from the publication or from the date of the posting of the notice. At the time fixed in the notice or at some subsequent time to which the Council may adjourn, the Council, after giving the owner or owners of the property affected and other persons interested therein an opportunity to be heard, may proceed to correct the error, and the assessment then made shall have the same force and effect as if it had originally been properly made.

(20)     The City Council shall have the power, when in its judgment there is any irregularity, omission, error or lack of jurisdiction in any of the proceedings relating thereto, to set aside the whole of the local assessment made by it, and thereupon to make a reassessment. In such case there shall be included, as a part of the cost of the public improvement involved, all interest paid or accrued on notes or certificates of indebtedness, or bonds issued by the City to pay the expenses of such improvement. The proceeding shall, as far as practicable, be in all respects as in the case of original assessments, and the reassessment shall have the same force as if it had originally been properly made.

(21)     After the expiration of twenty days from the confirmation of the assessment roll, the Collector of Revenue, or such other officer of the City as the Council may direct so to do, shall cause to be published one time in some newspaper published in the City, or if there be no such newspaper, shall cause to be posted at three public places in the City, a notice that any assessment contained in the assessment roll, naming and describing it, may be paid to him at any time before the expiration of thirty days from the date of publication or posting of the notice, without interest from the date of confirmation of the assessment roll, but that if the assessment is not paid in full within this time, all installments thereof shall bear interest at a rate fixed by the City Council of not more than eight per centum per annum from the date of confirmation of the assessment roll.

(22)     The property owner or street railway or railroad hereinbefore mentioned in this section shall have an option and privilege of paying for the improvements hereinbefore provided in cash as provided in the preceding subsection or in not less than twelve equal monthly installments nor more than ten equal annual installments as may have been determined by the original resolution ordering the improvement or improvements. Nothing in this subsection shall preclude the payment of assessments in advance of the maturity or installment schedule affixed by the City Council. If paid in installments, such installments shall bear interest at a rate fixed by the City Council of not more than eight per centum per annum from the date of the confirmation of the assessment roll. If any assessment is not paid in cash, the first installment thereof with interest thereon shall become due and payable thirty days after the publication or posting of the notice required by the preceding subsection and one subsequent installment and interest thereon shall be due and payable on the same day of the same month in each successive year until the assessment is paid in full; provided, however, that if the Council shall so direct such installments shall become due and payable on the same date when property taxes of the City are due and payable. If any installment with interest thereon is not paid when due, it shall be subject to the same penalties as are now prescribed by law for unpaid taxes, in addition to the interest herein provided for. The whole assessment may be paid at any time by the payment of the full amount due with accrued interest.

(23)     In case of the failure of any property owner or street railway or railroad company to pay any installment when the same shall become due and payable, then and in that event all of the installments remaining unpaid shall immediately become due and payable, and the property and franchises may be sold by the City under the same rules, regulations, rights of redemption and savings as are now prescribed by law for the sale of land for unpaid taxes. Collection of such assessments with interest and penalties, may also be made by the City by proceedings to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the State, and it shall be lawful to join in any bill for foreclosure any one or more lots or parcels of land, by whomsoever owned, if assessed for an improvement ordered by the same resolution. After default in the payment of any installment, the payment of the installment, together with interest and penalties due thereon, before the lot or parcel of land, against which the same is a lien, is sold or the lien is foreclosed as hereinbefore provided, shall bar the right of the City to sell the land or to foreclose the lien thereon by reason of the default.

(24)     If the resolution ordering the making of any improvement or improvements included a provision for any necessary extension of a water main or sewer or sewers, as provided in subsection eleven, paragraph (d), of this section, at such time after the completion of the extension or extensions as, in the judgment of the City Council, circumstances justify the assessment of the cost thereof, the Council shall cause a preliminary assessment to be made as provided in subsection fourteen, paragraph (c), of this section, and the procedure thereafter to be followed with respect to such assessment and the force and effect thereof shall be as already prescribed in this section.

(25)     After any lighting improvement is made as provided in this section, the City is hereby authorized, as long as the lighting system shall be maintained, to make an annual assessment against the lands assessed with the original cost of the improvement sufficient to cover the excess of actual cost of maintenance and operation of the lighting system over and above the cost of maintenance and operation of such system of lighting as the City provides at public expense for streets of the same character as that whereon the lighting improvement is made. To that end the City Council shall cause to be prepared a preliminary assessment which shall, as far as practicable, conform to the requirements of subsection fourteen, paragraph (g), of this section; and the procedure thereafter to be followed with respect to such assessment and the force and effect thereof shall be as already prescribed in this section.

(26)     When any special assessment has been made against any property for any improvement authorized by this section, and it is desirable that the assessment be apportioned among subdivisions of the property, the City Council shall have authority, upon petition of the owner of the property, to apportion the assessment fairly among the subdivisions. Thereafter, each of the subdivisions shall be relieved of any part of such original assessment except the part thereof apportioned to the subdivision and the part of the original assessment apportioned to any such subdivision shall be of the same force and effect as the original assessment. The provisions of this subsection shall not be construed to limit authority granted elsewhere in this Charter or by general or special law to apportion assessments among subdivisions of property without requiring a petition from or the consent of the owners of such property.

(27)     No change of ownership of any property or interest therein after the passage of a resolution ordering the making of any improvement authorized by this section shall in any manner affect subsequent proceedings, and such improvement may be completed and assessments made therefor as if there had been no change in such ownership.

(28)     No lands in the City shall be exempt from special assessment as provided in this section except lands belonging to the United States; and the City Council and the officers, trustees or boards of all incorporated or unincorporated bodies in whom is vested the right to hold and dispose of real property shall have the right by authority duly given to sign the petition for any local improvement authorized by this section. Provided, however, that assessments against land owned by the State of North Carolina are controlled by the provisions of G.S. 160A-221. Provided further, that, except as provided by this section, assessments against railroads are controlled by the provisions of G.S. 160A-222.

(29)     All proceedings for special assessment under the provisions of this section shall be regarded as proceedings in rem, and no mistake or omission as to the name of any owner or person interested in any lot or parcel of land affected thereby shall be regarded a substantial mistake or omission.

"Sec. 78. Assessments for Local Improvements without Petition. – (1)  Supplemental to and independent of the powers and authority heretofore or hereafter granted the City by the General Assembly, the City Council is authorized and empowered without the necessity of having a petition filed by the owners of abutting property, to construct and install or contract for the construction and installation of paving, repaving, macadamizing, and remacadamizing of any of the public streets, sidewalks, and alleys, and the construction, reconstruction and altering of curbs, gutters, and drains in any of the public streets and alleys, and the construction and installation of sanitary sewers, water mains, and sanitary sewer and water laterals in any of such public streets and alleys, and specially assess the entire cost of such construction and installation, except the part thereof as is incurred at street intersections, against the property abutting upon the street or alley or streets or alleys which are so improved.

The City Council is further authorized and empowered without the necessity of having a petition filed with it, to open, clear, grade, construct drainage and otherwise improve streets, avenues, and alleys which have been dedicated to public use by making and recording in the office of the register of deeds a map or plat designating such streets, avenues or alleys thereon, and to specially assess the entire cost of such opening, clearing, grading, construction of drainage and other improvements to such streets, avenues or alleys against the property abutting upon such streets, avenues or alleys so opened and improved.

The City Council may specially assess less than the total cost against the abutting property if it should determine by resolution that it would be inequitable to specially assess the entire cost thereof; and in determining whether it would be inequitable, the City Council is authorized to take into consideration the location, width, use and general importance of such street or alley as it relates to the public welfare, safety, health, and convenience.

(2)       When it is proposed to make without petition any improvement or improvements described in subsection (1) hereof, the City Council shall adopt a resolution which shall contain substantially the following:

(a)       That this proceeding is taken under and will be governed by the provisions of this Charter (stating the number of the Chapter and Section);

(b)       A statement of the reasons proposed for the making thereof;

(c)       A brief description of the proposed improvement or improvements;

(d)       The proportion of the cost of the improvement or improvements to be specially assessed and the terms of payment;

(e)       A notice of the time and place when and where a public hearing will be held on the proposed improvement or improvements. (The time fixed for the public hearing shall be such as to allow of notice being given thereof not less than ten days prior thereto.);

(f)        A notice that all objections to the legality of the making of the proposed improvement or improvements shall be made in writing, signed in person or by attorney, and filed with the City Clerk at or before the time of such hearing, and that any such objections not so made will be waived.

The resolution shall be published one time in a newspaper published in the City, the date of publication to be not less than ten days prior to the date fixed for the hearing.

(3)       In the event the City Council elects to proceed under this section to make local improvements and specially assess the cost thereof against abutting property without the filing of a petition therefor, as is authorized by this section, and does adopt the resolution provided for in subsection (2), then and in such event, the procedure applicable to such proceedings from that point to the final completion of the improvement, the final confirmation of the assessment roll, and the remedies available, shall be as particularly set forth and provided in subsections (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (26), (27, (28), and (29) of Section 77 of this Charter.

(4)       When electing to make local improvements and specially assess the cost thereof upon abutting property, without petition therefor, as authorized by this section, the City Council shall specially state in the resolution adopted as provided in subsection (2) hereof that it is proceeding under and by virtue of the provisions of this section of the City Charter.

"Sec. 79. Apportionment of Assessments Among Lots in Subdivisions. – (1)  In any case where one or more special assessments shall have been made against any property for any local improvement or improvements authorized by General or Special Law, and the property shall thereafter be subdivided or about to be subdivided and it is, therefore, desirable that the assessment or assessments be apportioned among the subdivision of such property, the City Council may, without requiring any petition or consent from the property owners or other persons affected thereby, apportion the assessment or assessments, or the total thereof, fairly among such subdivisions, as same are benefited by the improvement and release such subdivisions, if any, as in the opinion of the City Council are not benefited by the improvement. Upon the making of such a reapportionment and reallocation, each of the subdivisions shall be relieved of any part of the original assessment or assessments except the part thereof apportioned to a specific lot, parcel, or subdivision, and the part of the original assessment or assessments apportioned to any such lot, parcel, or subdivision shall be of the same force and effect as to such lot, parcel, or subdivision to the extent of the amount and interest thereon apportioned to the lot, parcel, or subdivision as the original assessment or assessments were prior to the making of such reapportionment. The making of such an apportionment by the City Council shall be by resolution, which resolution shall set forth the manner and extent of the reapportionment with sufficient clarity to enable the office of the City Collector of Revenue to correctly and accurately reflect such reapportionment upon the records of the assessment account or accounts in his office. Such reapportionment or reassessment may include past due installments of principal, interest, and penalty, if any, as well as assessments not then due, and the remaining installments shall fall due.

(2)       When it is proposed to make a reapportionment of such assessments as authorized by this section, the City Council shall adopt a preliminary resolution which shall contain substantially the following:

(a)       A brief description or statement of the location of the property affected;

(b)       The total principal amount of the assessments involved in the proposed reapportionment, together with a brief statement showing the date of confirmation and the kind and character of the assessments.

(c)       A notice of the time and place when and where a public hearing will be held on the question of making a reapportionment or reassessment of the assessments, and the extent thereof. (The time fixed for the public hearing shall be such as to allow of notice being given thereof not less than two weeks prior thereto).

The resolution shall be published once a week for two successive weeks in some newspaper published in Durham County, the first publication to be at least two weeks prior to the public hearing. At the time for the public hearing, or at some subsequent time to which the hearing shall be adjourned, the City Council shall consider all objections which may be made to the making of such reapportionment, and shall thereafter determine whether it will make the reapportionment and the manner and extent to which the reapportionment of assessments will be made. The final decision of the City Council shall be in the form of a resolution making the apportionment, which resolution shall set forth all of the facts and pertinent provisions mentioned and required by subsection (1) of this section.

"Sec. 80. Condemnation and Assessment Authority Outside the Corporate Limits. – Supplemental to and independent of any other power and authority possessed by the City, the City Council shall have the right and power to acquire rights-of-way, easements, and other property outside its corporate boundaries in the exercise of the power of eminent domain in the same way and under the same authority and procedures as it has the power to acquire such rights-of-way, easements and property inside the corporate boundaries, provided that nothing herein shall be construed to enlarge the power of the City to condemn property already devoted to public use. The City Council shall also have the power and authority, in the extension, installation, construction, operation, and maintenance of its water and sewerage facilities outside of its corporate boundaries to serve the area inside or outside of its corporate boundaries, to create water and/or sewer benefit assessment districts and to specially assess the cost of such water or sewer installations or construction against the property in such benefit assessment districts on the basis of the front foot rule, the benefits derived or to be derived by the property in such assessment districts, or some other equitable method promulgated and established by the City Council in the exercise of its sound legislative discretion.

"Sec. 81. Additional Assessment Authority. – In exercising the authority granted under Article 16 of Chapter 160A of the North Carolina General Statutes to extend and operate public enterprises outside its corporate limits, the City Council may specially assess all, or part, of the costs of constructing, reconstructing, extending, building or improving water supply and distribution systems or sewage collection and disposal systems or both such systems, or any part thereof, outside the corporate limits of the City against property benefited therefrom; provided, however, no special assessment shall be levied until a petition which meets the requirements set forth in Section 77, subsection (7) of this Charter has been submitted to the City by the owners of the property affected. Special assessments levied pursuant to this section shall be levied and collected in the same way and under the same authority and procedures as special assessments levied and collected by the City upon property within the corporate limits.

"Sec. 82. Lien Affixed for Water and Sewer Service. – (1)  In addition to any other powers and authority heretofore granted by General Law, local act or this Charter, the City Council is hereby authorized and empowered to provide water service or sewer service or both such services to property, within or without the corporate limits, abutting existing City water or sewer mains or the right-of-way thereof and affix a lien to the property for the cost of providing this service.

(2)       The authority granted by this section shall be exercised only upon petition by the owner or owners of such abutting property. Such petition shall be upon a form approved by the City Council and shall contain:

(a)       a description of the service or services requested, and

(b)       a description of the property to be served, and

(c)       the anticipated cost of furnishing such services, and

(d)       the terms of payment by such property owner for the costs incurred by the City in furnishing such service, including but not limited to, the number of installments in which payment shall be made and the interest rate to be applied to any unpaid balance, and

(e)       such other information as may be required by the City Council.

(3)       The City Council may approve or deny any such petition submitted. If any such petition shall be approved by the City Council, the City Clerk shall mark upon the face of such petition such words as shall indicate such approval by the City Council, and the date and time of the approval.

(4)       From and after approval of any petition submitted pursuant to this section, a lien in favor of the City shall exist upon the property described in such petition for the amount stated in such petition as the anticipated cost of furnishing such service. Such lien shall be inferior to all prior and subsequent federal, State and county tax liens of record but superior to all others. This lien may be collected by foreclosure in the same manner as provided by law for the foreclosure of liens for special assessments. Any foreclosure proceeding instituted pursuant to this section shall be deemed a proceeding in rem and no mistake or omission as to the name of any owner or person interested in any lot or parcel of land affected thereby shall be regarded a substantial mistake or omission. No change of ownership shall affect any lien created pursuant to this section.

(5)       Payment of the anticipated costs of providing service shall be as prescribed by the terms of the petition approved by the City Council. If any installment payment due and payable under the terms of the approved petition shall be unpaid for a period of 30 days or more, then all subsequent installment payments shall become due and payable and proceedings as set forth in subsection (4) herein may be instituted.

(6)       If the City Council shall determine that the actual costs of furnishing the services provided for in any approved petition shall have exceeded the amount originally stated in such petition as the anticipated costs of providing such services, the City Council may, by resolution, amend the approved petition to set forth the correct cost. The City Council's determination of such actual cost shall be deemed conclusive. Upon amendment as provided by this subsection, the petition shall be deemed effective as if originally submitted with the amended cost set forth therein. The City Council may provide for payment of any such increased amended cost, by increasing the amounts of any unpaid installments due under the original approved petition. A copy of any resolution enacted pursuant to this subsection shall be mailed or personally delivered to the owner or owners of such property at their last known address.

(7)       Any petition approved by the City Council and any amendment thereof shall be filed in the office of the City Clerk. The City Clerk shall forward a copy of any such petition or amendment to the Collector of Revenue. The Collector of Revenue shall maintain a record of such approved petitions and amendments thereof and such records shall be available to public view during regular business hours.

(8)       If the actual cost of providing the services requested in any approved petition shall be less than the costs set forth in such petition as anticipated costs, the City Council may order such excess deposited in the water and sewer fund of the City for the use of the City or may order such excess paid to the owner or owners of the property set forth in such petition as their respective interests may appear. Provided, however, any anticipated cost set forth in the approved petition which shall have been determined under any schedule of charges approved by the City Council shall, for the purpose of this section, be deemed the actual cost of providing such service.

"ARTICLE 8. Acquisition and Disposal of Property.

"Sec. 83. Public Buildings. – The City is authorized to erect, repair and alter all public buildings.

"Sec. 84. Public Contracts. – (1)  The statutory amounts in G.S. 143-129, relating to the awarding of public contracts, are amended so that the City Council, in awarding public contracts for the purchase of apparatus, supplies, materials, or equipment, is subject to the provisions of G.S. 143-129 only when such purchase requires an estimated expenditure of public funds in an amount equal to or more than five thousand dollars ($5,000).

(2)       The provisions of G.S. 143-129 are further amended to the end that the City Council may consider a bid, and award a contract on such bid, notwithstanding the fact that the required bid bond does not provide for double payment by the surety to the City.

"Sec. 85. Purchase of Parts for Specialized Equipment. – Purchase of parts, apparatus and materials necessary to properly maintain and keep in repair specialized equipment of the City may be made after obtaining informal bids therefor, unless there is only one known manufacturer or supplier of such desired article, in which case an informal bid from such manufacturer or supplier shall be sufficient. This authority may be exercised without regard to the maximum limits or the requirement for advertising for bids as set forth in G.S. 143-129 and G.S. 143-131. It shall be the duty of the purchasing agent or other authorized employee or department to keep a record of all such informal bids submitted, and such record shall be subject to public inspection.

"Sec. 86. Public or Private Sale of Property. – The City Council may, upon the affirmative vote of at least seven members of the City Council, publicly or privately sell, lease, rent, exchange or otherwise convey, or cause to be publicly or privately sold, leased, rented, exchanged or otherwise conveyed, any property, real or personal, or any interest in such property, belonging to the City.

"ARTICLE 9. Planning and Zoning.

"Sec. 87. Surveys and Studies. – (1)  The City Council is hereby authorized to appropriate and expend public funds for use in connection with making surveys and studies and for the purpose of defraying other reasonable expenses in cooperating with the County of Durham or any of its agencies in zoning and planning matters outside of but near enough to the corporate boundaries of the City or the City's extraterritorial jurisdiction boundary as to affect the salutary operation and effect of the planning and zoning regulations and uses existing within the City and the growth of the City or as may reasonably be expected or anticipated to affect the same in the future.

(2)       The purpose and uses herein mentioned are hereby declared to be public uses and public purposes.

"Sec. 88. Expenditure of Bond Funds for Planning in Anticipation of Annexation. – On and after the approval by the voters of the City who vote thereon for ordinances authorizing the issuance of bonds for the purpose of raising revenues to defray the costs and expenses of the construction of water and sewer lines, water and sewer treatment and disposal facilities, outfalls, fire stations, and any other capital facilities, and the acquisition of sites, lands and rights-of-way, the City Council shall have full power and authority, in its discretion, to expend from such funds amounts which may be necessary to acquire sites and rights-of-way for such facilities outside and beyond the then corporate limits of the City within the area proposed to be annexed, and for engineering and planning, even though an annexation ordinance has not then been adopted and the proposed area to be annexed has not actually been annexed. The authority granted by this section is supplementary of authority granted by general law and this Charter and not in derogation thereof.

"Sec. 89. Enactment of Ordinances Prior to Effective Date of Annexation. – The City Council and the Planning and Zoning Commission of the City are hereby authorized and empowered, after the passage of an annexation ordinance and prior to the date upon which the territory described therein is actually annexed to the City, to initiate, hold hearings upon, adopt resolutions providing for public hearings, conduct public hearings upon such resolutions, petitions, proposals, and ordinances and the Council is further empowered to enact zoning ordinances, for the determination of zone boundaries and allocation of the area into zoning, classifications and districts, and the application of zoning regulations and restrictions, to be applicable to the territory described in the annexation ordinances to be annexed. But no such establishment of zone boundaries or any zoning regulations or restrictions in such annexed territory described in the annexation ordinances shall be effective until the effective date upon which the area is actually annexed to the City as provided in the annexation ordinances, but at that time such zoning regulations and restrictions and boundaries shall simultaneously become effective with such annexation.

"Sec. 90. Amortization of Non-Conforming Uses. – In exercising the zoning power granted to municipalities by G.S. 160A-381, the City Council shall have and is hereby granted power and authority to provide by ordinance for the amortization and phasing out of non-conforming buildings and uses upon such reasonable terms and provisions, including a period of time, as to it seems just and proper.

"Sec. 91. Regulation of Town Houses. – The City Council shall have, and is hereby granted, power and authority to provide and require by ordinance that special types of dwellings such as those known as 'town house' or of similar category be required to have an organized home ownership or similar association to assist in the orderly regulation and policing of such 'town houses' or similar category, on such reasonable terms and regulations as the Council may promulgate.

"Sec. 92. Development Plans and Site Plans. – In exercising the zoning power granted to municipalities by G.S. 160A-381, the City Council may require that a development plan showing the proposed development of property be submitted with any request for rezoning of such property. The City Council may consider such development plan in its deliberations and may require that any site plan subsequently submitted be in conformity with any such approved development plan.

In addition, the Council is authorized to require that a site plan be submitted and approved prior to the issuance of any building permit. The Council may specify the information to be set forth in a site plan and may require that such site plan be prepared by a professional engineer, architect, or land surveyor licensed to practice in North Carolina. The Council may prescribe procedures for the review of such site plans to insure that development of property shall conform to applicable zoning and building laws and regulations or any other relevant law or regulation. The Council may require that site plans be in conformity with previously approved development plans for the same property.

"Sec. 93. Board of Adjustment. – (1)  The City Council is authorized to provide for the appointment and compensation of a Board of Adjustment consisting of five members (exclusive of additional members appointed to represent residents of the Extraterritorial Area pursuant to G.S. 160A-362), each to be appointed for three years.

(2)       The concurring vote of three fifths of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official charged with the enforcement of the City zoning ordinance, or to decide in favor of the applicant any matter upon which it is required to pass under the City zoning ordinance, or to grant a variance from the provisions of such ordinance.

"Sec. 94. Notice of Public Hearings. – Before adopting or amending any ordinances authorized by Article 19 of Chapter 160A of the General Statutes, the City Council shall hold a public hearing in accordance with G.S. 160A-364, except that notice of such public hearing shall be published the first time not less than 10 days nor more than 25 days before the date fixed for the hearing.

"ARTICLE 10. Subdivision Regulations.

"Sec. 95. Opening of New Subdivisions. – The City Council is authorized to provide that no individual, corporation, association, or partnership shall open or lay out new streets, or sell lots abutting the same without first having had a plat of the proposed street or streets made and submitted to the City Council and approved and accepted by the Council. The Council may pass all necessary ordinances to regulate and control the opening of streets and alleys in the City.

"Sec. 96. Filing of a Duplicate Map or Plat. – Any person, firm, or corporation filing or recording with the Register of Deeds of Durham County, any map or plat of a subdivision of land in the City shall, at the time of the filing or recording of same with the Register of Deeds of Durham County, furnish the Register of Deeds with a copy thereof for the use of the City. All such copies of maps or plats of subdivisions which shall be filed with the Register of Deeds of Durham County shall be certified by the Register of Deeds, stating the time when recorded and the Plat Book and page number where such maps or plats were recorded, and shall be delivered by the Register of Deeds to the City Manager.

"Sec. 97. Enactment of Subdivision Controls. – (1)  For the purpose of promoting the health, safety, morals, convenience, economy, and general welfare of the City; the well-ordered establishment and growth of a system of public streets, alleys, and thoroughfares; the more convenient transportation and access by means of streets, avenues, alleys, and public ways in the City and its environs; the quicker and more effective use of the street system in the fighting of fires and extension of police protection; the prevention of the over-crowding of lands with buildings with resulting increase of density of population within a small area; to require the reasonable separation of buildings from each other for such distances as may be required to lessen the danger of spreading conflagration; to facilitate the proper laying, maintaining and operating of water mains and sewer mains and the installation and maintenance of other public utilities so as to serve the residents and commercial houses and manufacturing plants of the City in a more economical, practical, orderly and efficient manner; and for other general welfare, health and safety purposes, the City Council is hereby authorized and fully empowered to regulate the establishment, dedication, location and dimensions of any proposed public street, alley, or other public way, and the subdivision, rearrangement, or platting of the boundaries of lots or parcels of real property when any such real property is located in whole or in part upon any existing or proposed public street, alley, avenue, boulevard, or other public way within the corporate limits of the City or within the extraterritorial jurisdiction of the City, upon or through or by means of which existing or proposed public street, alley, avenue, boulevard or other public way the City now provides, or may in the future provide either grading, paving, curbs, gutters, drainage, public sewer or water facilities, street lighting, police and fire protection, or any other municipal service or facility.

(2)       The City Council is authorized and empowered to adopt ordinances setting up and establishing standards and requirements with which all subdivisions and rearrangements of the boundaries of the land and maps and plats thereof thereafter made shall comply; and adopt ordinances setting up and establishing standards and requirements for the location, dedication, and dimensions of all proposed streets, alleys, and other public ways, and such other matters as affect or will affect the public convenience, safety and general welfare; and adopt ordinances requiring that streets and public ways shall be graded, curbed and guttered, paved, drainage, sidewalks, street lights and signs installed, and water, sewer, and other utility mains and connections be installed, or such of the facilities and the extent and manner of such improvements as may be determined from time to time by the Council to be in the public interest, and such ordinances may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat or map, the Council may authorize the filing of a bond in an amount and with surety and conditions satisfactory to it providing for and securing to the City the actual construction and installation of such improvements and utilities within a period specified by the Council and expressed in such bond or other approved undertaking, which bond or other undertaking may be enforced by the City by all appropriate legal and equitable remedies and proceedings, all as a condition precedent to the approval of maps and plats of such subdivisions within the area referred to in subsection (1) of this section. In adopting ordinances fixing standards and requirements the Council is hereby specifically authorized and empowered to include any or all of the following provisions, namely: Adopt a plan of major thoroughfares and collector streets and require that all new streets or enlarged streets shall conform to the same where such plan is applicable, both as to location and width; to provide for the minimum width of alleys, avenues, neighborhood streets, collector streets, and major thoroughfares; to require the dedication of alleys and determine minimum width thereof, which requirement may vary as between residential and business property, as between property fronting on major thoroughfares and that not fronting on such thoroughfares, and as between blocks in which the lots are small and blocks in which lots are larger, and in such other cases and circumstances as the Council may find to be in promotion of the public safety, convenience and welfare; to require dedication of easements in the rear of lots, or in such other parts of such lots as may be more appropriately applicable in any given case, for the location of poles, wires, conduits, storm or sanitary sewers, gas, telephone and water lines, or other public and quasi-public utilities, due consideration of all factors so as to work the least practical hardship or difficulty upon the lot or the owners thereof to be considered in locating the easements upon the lots; to provide for the minimum and maximum length and width of blocks of land between intersecting streets; to provide that the lot side lines shall be radial to the street line; to require that the lines and frontages of buildings on corner lots shall be such as to prevent the rear of the building on a corner lot from protruding beyond the building setback line of the building fronting on a street which constitutes a side of such corner lot; to regulate and prescribe the arc and radius and layout of property lines at all intersecting streets, having regard for traffic hazards, congestion and other pertinent factors involved; to regulate and prescribe conditions and safeguards under which dead-end streets and cul-de-sacs may be authorized; to prohibit street offsets at intersections or permit such street offsets under conditions which may be prescribed; to establish building setback lines and when established to require that they be properly shown and designated on the map or plats of such subdivisions of property; to regulate and prescribe conditions under which reserve strips in subdivisions or shown on plats thereof controlling access to public ways may be used or set apart; to provide for the naming of public streets and other public ways; to require that permanent monuments of stone or concrete of dimensions which may be prescribed be set at all block corners and at all corners in the exterior boundary of any subdivision and that the location thereof be clearly set forth and designated on the final approved plat, and to provide that all lot corners be staked by metal stakes or other approved stakes; to require that street lines deflecting from each other within a block be connected by a curve, the radius of which shall be determined after considering the factors of sight distance, the type and importance of street, anticipated traffic volume, and convenience of traffic movement; to require that the arrangement and location of streets and other ways in new subdivisions shall make provision for continuation of the principal existing streets and other ways in adjoining subdivisions, or their property projection when adjoining property is not subdivided; to require that a preliminary plat shall be furnished the planning division or other department designated by the Council for preliminary checking to determine whether the preliminary plat is in compliance with the ordinances and requirements established by the Council; to provide that a final plat be prepared and submitted and contain compliance with all of the provisions of the ordinances and be so marked on its face before the same may be filed for record; to provide that no street shall be accepted or maintained by the City, nor shall any public utility such as water, sewer, or street lighting be extended to or connected with any subdivision of land, nor shall any permit be issued by any administrative official or department of the City for the construction of any building or improvement requiring a permit, upon any land concerning which a plat may be required by such ordinance until the requirements of such ordinance have been complied with; and to provide such other details as may be found, in the legislative discretion of the Council, to have a substantial relation to the public convenience, health, safety, or welfare; to require that such plat or map be finally approved as being in compliance with the ordinances adopted by the Council before such map or plat of such subdivision shall be entitled to be filed or recorded in the office of the register of deeds of Durham County and to require that all such approved plats and maps of subdivisions of real estate be recorded or filed in the office of the register of deeds of Durham County in which such lands are situate; to provide that the violation of the provisions of such ordinances shall subject the person violating the same, including the surveyor, to penalties, upon conviction, not exceeding a fine of fifty dollars ($50.00). The enumeration of the above mentioned circumstances and things shall not be exclusive.

(3)       The City Council may provide for the appointment of a board to be known as a Subdivision Review Board consisting of not less than four nor more than six members who shall serve without pay as such members, each of whom shall be appointed by the Council for a term of years or for a term at the will of the Council, as may be determined by the Council; in the event the Council appoints such Board for a term of years, the term of office of each member shall be three years. Such Subdivision Review Board shall hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of any ordinance adopted pursuant to this section. It shall also hear and decide all matters referred to in or upon which it is required to pass under any such ordinance. The affirmative vote of a majority of members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in any of the provisions of such ordinance. Every decision of such Board shall, however, be subject to review by proceedings in the nature of certiorari. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the City. Such appeal shall be taken within such time as shall be prescribed by the Subdivision Review Board by general rule, by filing with the officer from whom the appeal is taken and with the Subdivision Review Board a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal from the administrative official to the Subdivision Review Board stays all proceedings in furtherance of the action appealed from until the decision of the Subdivision Review Board is rendered, at which time the stay of proceedings shall cease, unless the proceedings shall be further stayed by a restraining order granted by a court of record or by the Subdivision Review Board. The Subdivision Review Board shall fix a reasonable time for the hearing of the appeal from the administrative official and shall give due notice thereof to the parties, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Subdivision Review Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, action or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all of the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinances, the Subdivision Review Board shall have the power, in passing upon appeals, to vary or modify any of the regulations or provisions of such ordinances relating to subdivisions, plats, maps, and all other requirements of the ordinance, in harmony with the general purpose and intent of this section, so that the spirit of the ordinance may be observed, public safety, convenience, and welfare secured and substantial justice done.

(4)       In case any person, firm, or corporation shall violate any of the provisions of any ordinance which may be adopted by the City Council under the authority of this section, or is about to violate such provision, the City, in addition to other remedies, may institute any appropriate action or proceedings in its name in the Superior Court to prevent and restrain such unlawful act or violation or the continuance thereof.

(5)       This section is enacted in the exercise of the police power of the State of North Carolina, and the power and authority hereby delegated to the City Council to adopt ordinances and to require compliance with such ordinances, including the dedication of alleys and easements for utilities as authorized, shall be deemed to be an exercise by the City Council of the police powers delegated to it, and shall not be deemed to be an exercise of the power of eminent domain which may be possessed by the City.

(6)       It is the legislative intent that if any portion, clause, or sentence of this section shall be deemed to be invalid or unconstitutional, such declaration of invalidity shall not affect the remaining portions of this section, which would have been passed notwithstanding the invalidity of such portions which may be declared invalid.

"Sec. 98. Dedication or Reservation of Recreation Areas. – (1)  In adopting any subdivision control ordinance pursuant to provisions of this Charter or G.S. 160A-372, the City Council is authorized to provide for the dedication or reservation of recreation areas serving residents of the immediate neighborhood within the subdivision, or to provide for the payment in lieu thereof of such sum of money as the Council may determine to be the equivalent in value of any such recreation area.

(2)       The Council may use any monies received in lieu of dedicated recreation areas for acquiring recreation areas beyond the boundaries of the immediate subdivision but within the neighborhood wherein the subdivision lies.

"ARTICLE 11. Regulation of Buildings and Housing.

"Sec. 99. Building Inspections. – The City Council is authorized to establish rules and regulations providing for all necessary inspections within the City, whether of buildings or otherwise, and to order and compel the removal of dangerous materials or dangerous or defective buildings.

"Sec. 100. Action Against Unsafe Buildings. – The powers granted to the City by Part 5 of Article 19, Chapter 160A of the General Statutes, shall extend to buildings which are in such condition as to be a fire or safety hazard, or which are a public nuisance.

"Sec. 101. Board of Building Appeals. – (1)  The City Council shall have power to provide for the creation and organization of a Board of Building Appeals to which appeals may be taken from the decision of the building inspector upon any provision of the building code of the City. Such board shall consist of five members, each to be appointed for a term of three years, except the first members appointed by authority hereof, one of whom shall be appointed for one year, two for two years and two for three years. Such board shall have power to elect its own officers, to fix the time and places for its meetings, to adopt necessary rules of procedure and to adopt all other rules and regulations not inconsistent herewith which may be necessary for the proper discharge of its duties; and it shall keep an accurate record of its proceedings. An appeal from any decision or order of the building inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the City. Any appeal from the building inspector to such Board shall be taken within such reasonable time as shall be prescribed by the Board by general rule and shall be taken by filing with the building inspector and with the clerk or secretary of the Board, or with such other person as may be designated by the Board, a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any such notice of appeal, the building inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When any such appeal is from a decision of the building inspector refusing to allow the person aggrieved thereby to do any act, such decision of the building inspector shall remain in force until modified or reversed by the Board as hereinafter provided. When any such appeal is from a decision of the building inspector requiring the person aggrieved to do any act, such appeal shall have the effect of suspending the requirements of the building inspector until the hearing thereon by the Board unless the building inspector certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate (a copy of which certificate shall be furnished the appellant), a suspension of his requirement would, in his opinion, cause imminent peril to life or property, in which case such requirement shall not be suspended except by a restraining order, which may be granted for due cause shown and upon not less than one day's written notice to the building inspector, by the Board or by any judge of the superior court authorized by law to grant restraining orders. The Board shall fix a reasonable time for the hearing of all appeals and shall decide the same within a reasonable time. Upon the hearing of any appeal any party may appear in person or by agent or attorney. The Board of Building Appeals may reverse or affirm, wholly or partly, or may modify the decision appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the building inspector; provided, that the concurring vote of four members of the Board shall be necessary to reverse or modify any decision of the building inspector. In passing upon appeals, the Board shall have power not only to determine whether the decision of the building inspector is made upon a proper construction of the pertinent provisions of the building code, but it shall have power also to allow materials and methods of construction other than those required by the building code to be used when in its opinion such other materials and methods of construction are as good as those required by the code; and for this purpose the requirements of the building code as to such matters shall be considered simply as a standard to which construction shall conform. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the building code, to adapt the application of the code to the necessities of the case to the end that the spirit of the code shall be observed, public safety and welfare secured and substantial justice done. Every decision of the Board shall be subject to review by the Superior Court of Durham County.

"Sec. 102. Housing Appeals Board. – In exercising the authority to provide for creation and organization of a Housing Appeals Board, conferred upon municipalities by G.S. 160A-446, the City Council may, by ordinance, authorize such Housing Appeals Board to adopt ordinances ordering the building inspector to proceed to effectuate the purposes of Article 19, Chapter 160A, as provided in G.S. 160A-443(5), with respect to any particular property or properties which the building inspector shall have found to be unfit for human habitation and which property or properties shall be described in such ordinance, without the necessity of further action by the Council.

"ARTICLE 12. Recreation and Cultural Activities.

"Sec. 103. Regulation of Parks and Squares. – The City Council is authorized to adopt such ordinances for the regulation and use of the streets, squares and parks and other public property belonging to the City as the City Council may deem best for the public welfare of the citizens of the City.

"Sec. 104. Public Concerts. – The City Council is authorized to appropriate annually reasonable sums for public concerts.

"Sec. 105. Operation of a Theatre and Moving Picture Theatre. – The City Council is authorized to purchase and install such equipment, apparatus, machines, furniture and any and all other fixtures and things found necessary to properly equip, provide, operate and conduct a theatre, or moving picture theatre or both, in the Academy of Music; to conduct and operate such a theatre, or moving picture theatre, or both, in such building; to lease, rent, or otherwise contract for the operation of such a theatre or moving picture theatre, or both, in such building; to make all such rules and regulations in relation to the operation of such a theatre, or moving picture theatre, or both, in such building, as may be necessary and proper; to appropriate money or transfer funds from appropriations already made, or use funds not otherwise appropriated, for the purpose of carrying out any or all of the powers hereby conferred.

"Sec. 106. Appropriations for Recreational, Scientific and Cultural Activities. – The City Council is authorized to exercise the following expressed powers:

(a)       To appropriate funds, in the discretion of the City Council, to aid any non-profit association or other entity in the City in defraying the expenses arising in the operation and maintenance of a museum, arts and drama, or other enterprise by whatever name called wherein and in connection with which is maintained and operated one or more of the following: Natural, historical, scientific, or literary curiosities, works of art, paintings, sculptures, dramatic undertakings, historical collections, and other exhibits and works for the education, cultural advancement and enjoyment of the general public including children and young people, the provision and maintenance of a park, zoo, aviary, aquarium, or other facility in which are kept animals, birds, or fish; the cultivation, maintenance, and exhibition of botanical gardens, the organization and conduct of nature classes and programs of scientific, cultural and educational interests which may tend to encourage individuals, especially children and young people, to take an interest in natural, scientific and cultural works; the purpose of advertising the advantages of the City or promoting the public interest and general welfare of the City; and such other projects and endeavors as are not inconsistent with the general purposes and scope of activities herein described.

(b)       No such appropriation shall be made unless the museum, garden, or other facilities and enterprise are open to the general public.

(c)       No funds shall be appropriated by the City Council for any of such purposes except those which may be available from sources other than taxes, unless and until authority to appropriate funds derived from taxes is granted in accordance with the constitutional and statutory requirements.

(d)       The City Council is authorized and empowered, as a condition precedent to the making of any such appropriation of public funds for any of the purposes hereinabove described, to require written reports to be submitted to it by such association or enterprise as often and in as much detail as it may prescribe; to have the right to examine and audit the books and records of such association or enterprise at such times as it may deem advisable; and to establish such rules, regulations, and policies as it may deem in the public interest, to which such association or enterprise shall conform.

(e)       The activities, enterprises, and purposes described in this section are hereby declared to be public purposes.

"ARTICLE 13. Economic Development.

"Sec. 107. Advertisement of the City. – The City Council is authorized to appropriate annually reasonable sums for advertising the City.

"Sec. 108. Encouraging Location of Industry. – The City Council is authorized and empowered annually to set apart and appropriate from monies paid to the City by the Durham County Board of Alcoholic Control as profits from the operation of alcoholic beverage stores in Durham County, or from surplus funds of the City not derived from taxation and not otherwise appropriated, such amounts as may be deemed requisite and proper by the City Council, and to expend the same for the purpose of aiding, assisting, and encouraging, by contract with independent contractors or otherwise, the location of manufacturing, industrial, and commercial plants, distribution centers or businesses in the City and for advertising the advantages and resources of the City and for such other purposes as will, in the discretion of the City Council increase the taxable value of property of the City and which will promote the general welfare of the City, which purposes are declared to be lawful public purposes of the City.

"ARTICLE 14. Miscellaneous Powers.

"Sec. 109. City Ice Plant. – The City is authorized and empowered to construct, own and operate a City ice plant, and to deal in ice.

"Sec. 110. City Rock Quarry. – The City is authorized and empowered to purchase, lease, or otherwise acquire lands in or outside the corporate limits, for the purpose of excavating rock and to operate what is known as a rock quarry thereon.

"Sec. 111. Aid to Charitable Institutions. – The City Council is authorized to appropriate annually reasonable sums in aid of public libraries, public hospitals and other charitable institutions.

"Sec. 112. Certain Facilities upon Water Tanks and Off-Street Parking Structures. – The City Council is fully authorized and empowered to provide for the construction and installation of storerooms, restaurants, observation decks, heliports, and other facilities in its discretion, in and upon off-street parking structures and facilities and in and upon structures and tanks for the storage of water, and it is further authorized and empowered to rent or lease such storerooms, restaurants, observation towers, offices and other facilities which may be constructed and installed upon, over, or around such off-street parking structures and facilities and such water towers and tanks, upon such terms and conditions as the City Council may from time to time prescribe. The revenue to be derived from such rentals or leases of these facilities shall be used for such public purpose or purposes as the City Council may determine.

"Sec. 113. Authority to Waive Governmental Immunity. – (1)  The City Council is authorized and empowered, but not required, to waive its governmental immunity from liability for wrongful death or injury to person or property arising from negligent acts of its officers, agents or employees when acting within the scope of their authority or within the course of their employment. Waiver of immunity shall be accomplished by purchasing liability insurance as provided in this act, and the immunity shall be waived only to the extent of the amount of insurance so obtained and only to the extent of coverage provided by such a policy of liability insurance. No affirmative action of the Council shall be required to retain immunity not waived by the purchase of insurance, and no affirmative action or resolution of the Council beyond the act of purchasing liability insurance shall be required to accomplish waiver of immunity to extent of insurance coverage.

(2)       Contracts of insurance purchased pursuant to this act must be issued by insurers duly licensed and authorized to execute insurance contracts in this State, and must by their terms adequately insure the City of Durham against any and all liability for wrongful death or injury to person or property proximately caused by the negligent act of any officer, agent or employee of the City of Durham when acting within the scope of his authority or within the course of his employment. Any company entering into a contract of insurance with the City of Durham pursuant to this act thereby waives any defense based on the governmental immunity of the City.

The City is authorized to pay the lawful premiums of liability insurance policies out of the general tax revenue or other funds of the City.

(3)       Any person sustaining damages, or in case of death, his personal representative, may sue the City as insured as provided in this Charter, for the recovery of his damages in any court of competent jurisdiction in this State, and it shall be no defense to any such action that the negligent act alleged was in pursuance of a governmental function of the City, to the extent that the City has insurance coverage as provided in this section.

Except as expressly provided herein, nothing in this section shall be construed to deprive the City of any defense whatsoever to any action for damages, or to restrict, limit, or otherwise affect any defense that the City may have at common law or by virtue of any statute (whether general, special, private, or local); and nothing in this section shall be construed to relieve any person sustaining damages, or any personal representative of a decedent, from any duty to give notice of his claim to the City or to begin his action within the time prescribed by the applicable statute of limitations.

(4)       The City may incur liability pursuant to this section only with respect to a claim arising after the City has procured liability insurance pursuant to this section and during the time that the insurance is in effect.

(5)       No part of the pleadings that relate to or alleges facts as to the City's insurance against liability shall be read or mentioned in the presence of the trial jury in any action brought pursuant to this section. No liability shall attach in any case unless the plaintiff waives the right to have all issues of law or fact relating to insurance in the action determined by a jury and such issues shall be heard and determined by the judge without resort to a jury. The jury shall be absent during any motions, arguments, testimony, or announcement of findings of fact or conclusions of law with respect to insurance unless the City asks for a jury trial thereon.

No plaintiff in an action brought pursuant to this section, nor counsel, nor witness therefor, shall make any statement, ask any question, read any pleadings, or do any other act in the presence of the trial jury that indicates to any member of the jury that the City's liability would be covered by insurance. If any such act is done, the judge shall immediately order a mistrial of the action.

"Sec. 114. Community Action and Manpower Development Programs. – In exercising the authority granted the City in G.S. 160A-492 to undertake and support community action and manpower programs, the following definitions of terms shall apply:

(1)       'Community action program' – a community based and operated program that includes or is designed to include a range of services and activities having a measurable and potentially major impact on the causes of poverty in the community; such a program includes the planning of responses to causes of poverty, coordinating existing public and private responses, initiating and supporting new projects to combat poverty, and encouraging participation by members of the community in development of programs and projects affecting their interests.

(2)       'Manpower development program' – a program of occupational training for the economically disadvantaged, unemployed, and under-employed and may include, by way of illustration but not limitation, efforts to acquaint eligible persons with the availability of training; assessment of individual needs, potentialities, and interests; counseling and provision of training, including on-the-job training; allowances for training, and for transportation, subsistence, and other expenses while training; supportive services; and development of information on the labor market and its activities.

"Sec. 115. 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 City, either through its City Council, 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 cities.

"CHAPTER VII.

"MISCELLANEOUS PROVISIONS.

"Sec. 116. Inspection of Records and Papers. – Any taxpayer or qualified voter of the City shall be allowed to inspect the journals, records and papers on file in the office of any department of the City, in the presence of the City Clerk or the City Manager.

"Sec. 117. Penalty for Failure to Turn Over City Property. – The Mayor, City Council, Collector of Revenue, and all other officers of the City who shall on demand fail to turn over to their successors in office the property, records, books, money, scales, or effects of the City shall be deemed guilty of a misdemeanor, and upon conviction shall be imprisoned for not more than two years and fined not exceeding five hundred dollars ($500.00), in the discretion of the court.

"Sec. 118. Presumption of Title in the City. – That in the absence of any contracts with the City in relation to the lands used or occupied by it for the purpose of streets, sidewalks, alleys, or other public works of the City, signed by the owner thereof or his agent, it shall be presumed that such land has been granted to the City by the owner or owners thereof, and the City shall have good right and title thereto, and shall have, hold, and enjoy the same. Unless the owner, or owners of such land, or those claiming under them shall make claim or demand for compensation within two years next after such land was taken, he, or they, shall be forever barred from recovering the land, or having any compensation therefor; provided, nothing herein contained shall affect the rights of infants until two years after the removal of their disabilities.

"Sec. 119. Method of Presenting Claims Against the City. – No action shall be instituted or maintained against the City upon any claim or demand whatsoever, of any kind or character, until the claimant shall have first presented his or her claim or demand in writing to the City Council, who shall have declined to pay or settle the same, or for 10 days after such presentation neglected to enter or cause to be entered upon its minutes its determination in regard thereto, but nothing herein shall be construed to prevent any statute of limitation from commencing to run at the time such claim accrued or demand arose, or in any manner interfere with its running."

Sec. 2. The purpose of this act is to revise the Charter of the City of Durham and to consolidate herein certain acts concerning the property, affairs, and government of the City. 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 City of Durham.

(b)       Any acts 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 they were enacted, or having been consolidated into this act are hereby repealed:

                       Chapter                        Laws

                                25                        Private Laws 1866-67

                                94                        Private Laws 1868-69

                             110                        Private Laws 1874-75

                             106                        Private Laws 1881

                             106                        Private Laws 1883

                             101                        Private Laws 1885

                             154                        Private Laws 1889

                             119                        Private Laws 1891

                                61                        Private Laws 1893

                                64                        Public Laws 1895

                             204                        Private Laws 1895

                                91                        Private Laws 1897

                             110                        Private Laws 1897

                             119                        Private Laws 1901

                             345                        Private Laws 1901

                             199                        Private Laws 1905

                             818                        Public Laws 1905

                             214                        Private Laws 1907

                             231                        Private Laws 1907

                                59                        Public Laws 1909

                             389                        Private Laws 1909

                                35                        Private Laws 1911

                                39                        Private Laws 1911

                                  5                        Private Laws, Extra Session 1913

                             223                        Public-Local Laws 1911

                             772                        Public-Local Laws 1911

                                23                        Public-Local Laws 1913

                             245                        Public-Local Laws, Extra Session 1913

                             336                        Private Laws 1913

                             377                        Private Laws 1913

                             405                        Private Laws 1913

                             447                        Private Laws 1913

                             548                        Public-Local Laws 1913

                                89                        Private Laws 1915

                             115                        Private Laws 1915

                             328                        Private Laws 1915

                             331                        Private Laws 1915

                             561                        Public-Local Laws 1915

                                  3                        Private Laws 1917

                                20                        Private Laws 1917

                                22                        Private Laws 1917

                                45                        Private Laws 1917

                                60                        Private Laws 1917

                                61                        Private Laws 1917

                             131                        Private Laws 1917

                             138                        Private Laws 1917

                             194                        Private Laws 1917

                                15                        Private Laws 1919

                                71                        Private Laws, Extra Session 1920

                             178                        Public-Local Laws, Extra Session 1920

                                42                        Private Laws, Extra Session 1921

                                72                        Public-Local Laws 1921

                             142                        Private Laws 1921

                             212                        Public-Local Laws 1921

                             252                        Private Laws 1921

                             253                        Private Laws 1921

                             507                        Public-Local Laws 1921

                                  8                        Private Laws 1923

                             104                        Private Laws 1923

                             148                        Private Laws 1923

                             149                        Private Laws 1923

                             255                        Private Laws 1923

                                26                        Private Laws, Extra Session 1924

                                63                        Private Laws, Extra Session 1924

                                81                        Public-Local Laws, Extra Session 1924

                             111                        Private Laws 1925

                             162                        Private Laws 1925

                             246                        Public-Local Laws 1925

                                12                        Private Laws 1927

                             115                        Private Laws 1927

                             126                        Private Laws 1927

                             270                        Public-Local Laws 1927

                                63                        Private Laws 1929

                             220                        Public-Local Laws 1929

                                73                        Private Laws 1931

                                91                        Private Laws 1931

                                15                        Private Laws 1933

                                23                        Private Laws 1933

                             199                        Private Laws 1933

                             199                        Public-Local Laws 1933

                             240                        Private Laws 1933

                                17                        Public-Local Laws 1935

                                61                        Private Laws 1935

                             196                        Public-Local Laws 1935

                             275                        Public-Local Laws 1937

                             448                        Public-Local Laws 1937

                             504                        Public-Local Laws 1937

                             514                        Public-Local Laws 1937

                             634                        Public-Local Laws 1937

                             181                        Public-Local Laws 1939

                             211                        Session Laws 1945

                             212                        Session Laws 1945

                             252                        Session Laws 1945

                             262                        Session Laws 1945

                             341                        Session Laws 1947

                             425                        Session Laws 1947

                             797                        Session Laws 1947

                             812                        Session Laws 1947

                             908                        Session Laws 1947

                                36                        Session Laws 1949

                             211                        Session Laws 1949

                             833                        Session Laws 1949

                             834                        Session Laws 1949

                             875                        Session Laws 1949

                             924                        Session Laws 1949

                           1277                        Session Laws 1949

                                22                        Session Laws 1951

                             640                        Session Laws 1951

                             702                        Session Laws 1951

                             238                        Session Laws 1953

                             364                        Session Laws 1955

                             367                        Session Laws 1955

                           1091                        Session Laws 1955

                             167                        Session Laws 1957

                             194                        Session Laws 1957

                             658                        Session Laws 1957

                           1099                        Session Laws 1957

                           1315                        Session Laws 1957

                           1337                        Session Laws 1957

                             495                        Session Laws 1959

                             496                        Session Laws 1959

                             534                        Session Laws 1959

                             696                        Session Laws 1959

                             710                        Session Laws 1959

                             867                        Session Laws 1959

                             618                        Session Laws 1961

                             796                        Session Laws 1961

                             820                        Session Laws 1961

                             832                        Session Laws 1961

                             869                        Session Laws 1961

                             107                        Session Laws 1963

                             647                        Session Laws 1963

                             713                        Session Laws 1963

                             737                        Session Laws 1963

                             744                        Session Laws 1963

                             748                        Session Laws 1963

                           1153                        Session Laws 1963

                           1200                        Session Laws 1963

                             479                        Session Laws 1965

                             527                        Session Laws 1965

                             528                        Session Laws 1965

                             571                        Session Laws 1965

                             603                        Session Laws 1965

                             614                        Session Laws 1965

                             797                        Session Laws 1965

                             440                        Session Laws 1967

                             506                        Session Laws 1967

                             803                        Session Laws 1967

                             428                        Session Laws 1969

                             483                        Session Laws 1969

                             503                        Session Laws 1969

                             596                        Session Laws 1969

                             597                        Session Laws 1969

                             654                        Session Laws 1969

                             657                        Session Laws 1969

                             703                        Session Laws 1969

                           1233                        Session Laws 1969

                                  9                        Session Laws 1971

                             506                        Session Laws 1971

                             786                        Session Laws 1971

                             859                        Session Laws 1971

                             356                        Session Laws 1973

                             399                        Session Laws 1973

                             400                        Session Laws 1973

                             401                        Session Laws 1973

                             402                        Session Laws 1973

                             403                        Session Laws 1973

                             404                        Session Laws 1973

                             405                        Session Laws 1973

                             406                        Session Laws 1973

                             407                        Session Laws 1973

                             408                        Session Laws 1973

                             409                        Session Laws 1973

                             410                        Session Laws 1973

                             411                        Session Laws 1973

                             412                        Session Laws 1973

                             413                        Session Laws 1973

                             414                        Session Laws 1973

                             415                        Session Laws 1973

                             429                        Session Laws 1973

                             430                        Session Laws 1973

                             431                        Session Laws 1973

                             602                        Session Laws 1973

                             703                        Session Laws 1973

                             981                        Session Laws 1973

                             982                        Session Laws 1973

                             985                        Session Laws 1973

                             986                        Session Laws 1973

                             987                        Session Laws 1973

                           1154                        Session Laws 1973

                           1429                        Session Laws 1973

(b)       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 only insofar as they apply to the City of Durham:

Chapter                                               Laws

       172                                              Public Laws 1872-73

       137                                              Public Laws 1873-74

       279                                              Private Laws 1915

          86                                              Public-Local Laws 1917

          42                                              Public-Local Laws 1919

       314                                              Public-Local Laws 1925

       156                                              Private Laws 1927

       577                                              Session Laws 1943

       369                                              Session Laws 1949

       506                                              Session Laws 1951

       596                                              Session Laws 1951

       953                                              Session Laws 1955

       745                                              Session Laws 1963

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 act repealing such law, or

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

Sec. 7. (a)  All existing ordinances and resolutions of the City of Durham, and all existing rules or regulations of departments or agencies of the City of Durham, 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 City of Durham 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. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 10. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of June, 1975.