NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 339

HOUSE BILL 750

 

 

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

 

The General Assembly of North Carolina enacts:

 

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

"THE CHARTER OF THE CITY OF GRAHAM.

"ARTICLE I. INCORPORATION, CORPORATE POWERS AND BOUNDARIES.

"Section 1.1. Incorporation. The City of Graham, North Carolina in the County of Alamance, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the 'City of Graham', hereinafter at times referred to as the 'City'.

"Section 1.2. Powers. The City of Graham shall have and may exercise all of the powers, duties, rights, privileges and immunities, which are now, or hereafter may be, conferred, either expressly or by implication, upon the City of Graham, specifically, or upon municipal corporations, generally, by this Charter, by the State Constitution, or by general or local law.

"Section 1.3. Corporate Limits. The corporate limits of the City of Graham shall be those existing at the time of ratification of this Charter, as the same are set forth on an official map of the City, and as the same may be altered from time to time in accordance with law. An official map showing the current boundaries of the City, entitled 'Map of the City of Graham, North Carolina', and a current metes and bounds description of the corporate limits shall be maintained in the office of the City Clerk and shall be available for public inspection. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map shall be made.

"ARTICLE II. MAYOR AND CITY COUNCIL.

"Section 2.1. Governing Body. The City Council, elected and constituted as herein set forth, shall be the governing body of the City. On behalf of the City, and in conformity with applicable laws, the City Council may provide for the exercise of all municipal powers, and shall be charged with the general government of the City.

"Section 2.2. Council; Composition; Terms of Office. The City Council shall be composed of five members, each of whom shall continue to be elected by and from the qualified voters of the City for a term of either two or four years, in the manner provided by Article III of this Charter.

"Section 2.3. Mayor; Term of Office; Duties. The Mayor shall be elected by the City Council in the manner provided by Article III of this Charter to serve for a term of two years, or until his successor is elected and qualified. The Mayor shall be the official head of the City government and shall preside at all meetings of the Council. He shall have the right to vote on all matters before the Council, but he has no right to break a tie vote in which he participated. The Mayor shall exercise such powers and perform such duties as presently are or hereafter may be conferred upon him by the General Statutes of North Carolina, by this Charter, and by the ordinances of the City.

"Section 2.4. Mayor Pro Tempore. In accordance with applicable State law, the City Council shall elect one of its members to act as Mayor Pro Tempore to perform the duties of the Mayor in the Mayor's absence or disability. In the event of a vacancy in the office of the Mayor, the Mayor Pro Tempore shall perform the duties of the Mayor until the vacancy is filled. The Mayor Pro Tempore shall serve in such capacity for a term of two years.

"ARTICLE III. ELECTIONS.

"Section 3.1. Regular Municipal Elections; Conduct and Method of Election. Regular municipal elections shall be held in the City every two years in odd-numbered years and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The Mayor and members of the City Council shall be elected according to the nonpartisan plurality method of election.

"Section 3.2. Election of Council Members. At each regular municipal election, there shall be elected three City Council members. The two candidates receiving the highest number of votes shall be elected for four-year terms. The candidate receiving the third highest number of votes shall be elected for a two-year term. Newly elected members of the Council shall fill the seats of those Council members whose terms are then expiring.

"Section 3.3. Election of the Mayor. At the organizational meeting held after each regular municipal election, the Mayor shall be elected by the City Council from among its own members to serve for a term of two years.

"Section 3.4. Election of the Mayor Pro Tempore. At the organizational meeting held after each regular municipal election, the Mayor Pro Tempore shall be elected by the City Council from among its own members to serve for a term of two years.

"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.

"Section 4.1. Form of Government. The City shall operate under the Council-Manager form of government, in accordance with Part 2 of Article 7 of Chapter 160A of the General Statutes.

"Section 4.2. City Manager. The City Council shall appoint a City Manager who shall be the head of the administrative branch of City government, and who shall be responsible to the Council for the proper administration of the affairs of the City. The Manager shall be appointed on the basis of merit only, and he shall serve at the pleasure of the Council. In exercising his duties as chief administrator, the Manager shall have the following powers and duties:

A.        He shall appoint and suspend or remove all City employees whose appointment or removal is not otherwise provided for by law, in accordance with such general personnel rules, regulations, policies, or ordinances as the Council may adopt.

B.        He shall direct and supervise the administration of all departments, offices, and agencies of the City, subject to the general direction and control of the Council, except as otherwise provided by law.

C.        He shall attend all meetings of the Council and recommend any measures that he deems expedient.

D.        He shall see that all laws of the State, the City Charter and the ordinances, resolutions and regulations of the Council are faithfully executed within the City.

E.         He shall prepare and submit the annual budget and capital program to the City.

F.         He shall annually submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of the fiscal year.

G.        He shall make any other reports that the Council may require concerning the operations of the City departments, offices, and agencies subject to his direction and control.

H.        He shall perform any other duties that may be required and authorized by the Council.

"Section 4.3. City Attorney. The City Council shall appoint a City Attorney who shall be licensed to engage in the practice of law in the State of North Carolina. It shall be the duty of the City Attorney to prosecute and defend suits against the City; to advise the Mayor, Council and other City officials with respect to the affairs of the City; to draft all legal documents relating to the affairs of the City; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the City may be concerned; to attend meetings of the Council; and to perform other duties required by law or as the Council may direct. The Council may employ other legal counsel from time to time, in addition to the City Attorney, as may be necessary to handle adequately the legal affairs of the City.

"Section 4.4. City Clerk and Treasurer. The City Council shall appoint a City Clerk and Treasurer to keep a journal of the proceedings of the Council, to maintain in a safe place all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the Council may direct. The City Clerk and Treasurer shall also perform the duties of the finance officer, as required by the Local Government Budget and Fiscal Control Act.

"Section 4.5. City Tax Collector. The Council shall provide for the appointment of a City Tax Collector to collect all taxes, licenses, fees and other revenues accruing to the City, subject to the General Statutes, the provisions of this Charter and the ordinances of the City. The Tax Collector shall diligently comply with and enforce all the laws of North Carolina relating to the collection of taxes and other revenues by municipalities.

"Section 4.6. Other Administrative Officers and Employees. Consistent with applicable State laws, the City Council may establish other positions, provide for the appointment of other administrative officers and employees, and generally organize the City government in order to promote the orderly and efficient administration of the affairs of the City.

"ARTICLE V. SPECIAL PROVISIONS.

"Section 5.1. Assessments for Street and Sidewalk Improvements; Petition Unnecessary. A.  In addition to any authority which is now or may hereafter be granted by general law to the City for making street improvements, the City Council is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this section.

B.        The Council may order street improvements and assess the cost thereof against the abutting property owners, exclusive of the costs incurred at street intersections, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the North Carolina General Statutes without the necessity of a petition, upon the finding by Council as a fact:

(1)       That the street improvement project does not exceed 1,200 linear feet, and

(2)       That such street or part thereof is unsafe for vehicular traffic, and it is in the public interest to make such improvement, or

(3)       That it is in the public interest to connect two streets, or portions of a street already improved, or

(4)       That it is in the public interest to widen a street, or part thereof, which is already improved; provided, that assessments for widening any street or portion of street without a petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the City's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this section.

C.        For the purposes of this section, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of rights-of-way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

D.        In addition to any authority which is now or may hereafter be granted by general law to the City for making sidewalk improvements, the City Council is hereby authorized without the necessity of a petition, to make or to order to be made sidewalk improvements or repairs according to standards and specifications of the City, and to assess the total cost thereof against abutting property owners, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the North Carolina General Statutes; provided, however, that regardless of the assessment basis or bases employed, the Council may order the cost of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street.

E.         In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this section, the City Council shall comply with the procedure provided by Article 10, Chapter 160A of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.

F.         The effect of the act levying assessments under the authority of this section shall for all purposes be the same as if the assessments were levied under authority of Article 10 of Chapter 160A of the General Statutes.

"Section 5.2. Junk Yards. A.  It shall be unlawful for any person, firm or corporation to create, maintain or operate a 'junk yard' within the City, or within one mile of the city limits.

B.        The term 'junk yard' shall be understood and construed to mean any place where automobiles or other unused machinery, or any other type or form of debris are piled out in the open view of the general public traveling upon any street, highway or road within the City, or within one mile from the city limits of the City, it being expressly understood that the junking, collecting, or piling in any one place of six or more old, unused cars shall constitute a 'junk yard', provided, however, that the term 'junk yard' shall not include the following:

(1)       Any area which lies within the corporate limits of any town or city other than the City, or

(2)       Any completely enclosed building, regardless of the use thereof, or

(3)       Any tract of contiguous land outside the corporate limits of the City containing 10 or more acres in area whereon no old, unused automobiles or trucks, unused machinery, or scrap metal is piled, stored, stacked, or otherwise kept and maintained within 150 feet of any adjoining property owner other than adjoining railroad rights-of-way.

C.        Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.00) nor imprisoned for more than 30 days for each offense.

D.        Each day's maintenance or operation of a 'junk yard', as defined in this section, shall constitute a separate offense."

Sec. 2. The purpose of this act is to revise the Charter of the City of Graham 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 Graham.

(b)       Any acts concerning the operation of the Burlington-Graham Alcoholic Beverage Control System.

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

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

Chapter 67, Session Laws of 1961

Chapter 747, Session Laws of 1961

Sec. 5. No provision of this act is intended, nor shall be construed, to affect in any way any rights or interest (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 pursuant to or within the scope of any provisions of law repealed by this act.

Sec. 6. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:

(a)       the repeal herein of any act repealing such law, or

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

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

Sec. 8. If any of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Sec. 9. Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statute, or to the General Statute which most clearly corresponds to the statutory provision which is repealed or superseded.

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

Sec. 11. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 11th day of April, 1979.