NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 350

SENATE BILL 437

 

 

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

 

The General Assembly of North Carolina enacts:

 

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

"THE CHARTER OF THE TOWN OF RUTHERFORDTON.

"ARTICLE I. INCORPORATION, CORPORATE POWERS AND

BOUNDARIES.

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

"Section 1.2. Powers. The Town of Rutherfordton 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 Town of Rutherfordton, 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 Town of Rutherfordton shall be those existing at the time of ratification of this Charter, as the same are set forth on an official map of the Town, and as the same may be altered from time to time in accordance with law. The official map of the Town showing the current boundaries of the Town, entitled 'Map of the Town of Rutherfordton, North Carolina', and a current metes and bounds description of the corporate limits shall be maintained in the office of the Town 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 and description of the Town shall be made.

"ARTICLE II. MAYOR AND COUNCIL.

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

"Section 2.2. Council; Composition; Terms of Office. The Town Council shall be composed of four members, each of whom shall be elected by and from the qualified voters of the Town for terms of two years each in the manner provided by Article III of this Charter, provided they shall serve until their successors are elected and qualified.

"Section 2.3. Mayor; Term of Office; Duties. The Mayor shall be elected by and from the qualified voters of the Town 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 Town government and shall preside at all meetings of the Council. He shall have the right to vote only when there are an equal number of votes in the affirmative and the negative on any motion before the Council. 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 Town.

"Section 2.4. Mayor Pro Tempore. In accordance with applicable State laws, the Council shall appoint one of its members to act as Mayor pro tempore to perform the duties of the Mayor in the Mayor's absence or disability. The Mayor pro tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Council.

"Section 2.5. Meetings of the Council. In accordance with the General Statutes, the Council shall establish a suitable time and place for its regular meetings. Special meetings may be held according to the applicable provisions of the General Statutes.

"Section 2.6. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or proving of Town ordinances and resolutions shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter.

"Section 2.7. Voting Requirements; Quorum. Official action of the Council shall, unless provided otherwise by law, be by majority vote, provided that a quorum, consisting of a majority of the actual membership of the Council, is present. Vacant seats are to be subtracted from the normal Council membership to determine the actual membership.

"Section 2.8. Qualifications for Office; Vacancies. The qualifications of governing body members and the filling of vacancies on the governing body shall be in accordance with applicable provisions of the General Statutes.

"ARTICLE III. ELECTIONS.

"Section 3.1. Regular Municipal Elections; Conduct and Method of Election. Regular municipal elections shall be held in the Town 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 Council shall be elected according to the nonpartisan plurality method.

"Section 3.2. Election of the Mayor. At the regular municipal election in 1979, and biennially thereafter, there shall be elected a Mayor to serve a term of two years. The Mayor shall be elected by all the voters of the Town voting at large.

"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.

"Section 4.1. Form of Government. The Town shall operate under the Mayor-Council form of government, in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes.

"Section 4.2. Town Attorney. The Council shall appoint a Town 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 Town Attorney to prosecute and defend suits against the Town; to advise the Mayor, Council and other Town officials with respect to the affairs of the Town; to draft all legal documents relating to the affairs of the Town; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; to attend meetings of the Council; and to perform other duties required by law or as the Council may direct.

"Section 4.3. Town Clerk. The Council shall provide for the appointment of a Town Clerk 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 Town, and to perform such other duties as may be required by law or as the Council may direct.

"Sec. 4.4. Town Treasurer. The Council shall provide for the appointment of Town Treasurer to perform the duties of the finance officer as required by the Local Government Budget and Fiscal Control Act.

"Section 4.5. Town Tax Collector. The Council shall appoint a Town Tax Collector to collect all taxes, licenses, fees and other revenues accruing to the Town, subject to the General Statutes, the provisions of this Charter and the ordinances of the Town. 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. Consolidation of Functions. The Town Council may consolidate any two or more positions of Town Clerk, Tax Collector and Treasurer, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions, subject to the Local Government Budget and Fiscal Control Act.

"Section 4.7. Other Administrative Officers and Employees. Consistent with applicable State laws, the Council may establish other positions, provide for the appointment of other administrative officers and employees, and generally organize the Town Government in order to promote the orderly and efficient administration of the affairs of the Town.

ARTICLE 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 Town for making street improvements, the Town 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 assessments 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 improvements, 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 Town 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 Town for making sidewalk improvements, the Town 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 Town, 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 the 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 Town 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 of 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. Power of Eminent Domain. 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 to the Town in the case of acquisition of lands, easements, privileges, rights-of-way and other interests in real property for streets, sewer lines, water lines, electric power lines, and other utility lines in the exercise of the power of eminent domain. The Town, when seeking to acquire such property or rights of 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 the provisions of this Section shall not apply with regard to properties owned by public service corporations as defined in G.S. 160A-243(c), unless (1) the exercise of such power of eminent domain is either consented to by the owner of the property to be acquired by the Town, or (2) it is first adjudicated after notice and a hearing that such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties and the operation by such public service corporation.

"Section 5.3. Sale of Property. The Town Council shall have full power at all times to sell, at public or private sale, any real or personal property belonging to said town, other than property in use as town hall, fire department, and other public uses, notwithstanding provisions of G.S. 160A-266 to the contrary.

"Section 5.4. Alcoholic Beverage Control Stores. A.  The governing body of the Town of Rutherfordton may, on its own motion, and shall, upon receipt of petition signed by qualified voters of the Town equal in number to fifteen percent (15%) of the votes cast for Mayor in the most recent regular town election, call and conduct a special election in the Town upon the question of whether Alcoholic Beverage Control stores shall be established in the Town and/or whether 'off-premises' sales of malt beverages shall be permitted. Such election or elections may be held notwithstanding the provisions of G.S. 18A-52(d)(h) and (i). No new registration of voters shall be necessary for such special election, and all qualified voters of the town who are registered prior to the registration period for such special election, and all who register during such period shall be eligible and entitled to vote in such special election. Except as otherwise provided herein, if a special election is called, the special election authorized shall be conducted under the same statutes, rules and regulations applicable to general elections for the Town of Rutherfordton. The governing body shall cause public notice of any such special election to be posted at the Town Hall and published in a newspaper having general circulation in the town at least 15 days preceding the day of the election.

B.        At such special election, ballots shall be provided which contain the words, 'For Town Alcoholic Beverage Control Stores' and 'Against Town Alcoholic Beverage Control Stores' and/or, 'For off-premises sales of malt beverages' and 'Against off-premises sales of malt beverages'. The Town Council shall determine whether both questions are to be included on the same ballot or separate ballots. Appropriate squares shall be printed to the left of each phrase so that each voter may designate with an 'X' his preference. The cost of conducting the election shall be appropriated from the General Fund of the Town of Rutherfordton.

C.        If a majority of the votes cast at any such special election authorized under this section shall be cast 'For Town Alcoholic Beverage Control Stores' then it shall thereafter be lawful for such store or stores to be established and operated within the town, and the Town Council will then immediately create and appoint the Town of Rutherfordton Alcoholic Beverage Control Board, to be composed of a chairman and two other members. The member designated chairman by the Town Council shall serve for a term of three years; one member for a term of two years; and one member for a term of one year. After serving the initial terms, successors shall be appointed for terms of three years. Any vacancy on such board shall be filled by the Town Council for the unexpired term. Compensation of the members of the Board shall be fixed by the Town Council. If a majority of the votes cast in any such election authorized under this section shall be cast 'For off-premises sales of malt beverages' then the off-premises sale of malt beverages shall thereafter be lawful in the Town of Rutherfordton.

D.        The Town of Rutherfordton Alcoholic Beverage Control Board shall have all the powers granted to, and duties imposed upon, county alcoholic control boards by G.S. 18A-17, except that G.S. 18A-17 (14) shall not apply to the Rutherfordton Board of Alcoholic Beverage Control, and shall be subject to the powers and authority of the State Board of Alcoholic Beverage Control as granted by G.S. 18A-15; provided, however, that the location of stores and the purchase or lease of real property shall be subject to the approval of the Town Council.

The Rutherfordton Board of Alcoholic Beverage Control on a quarterly basis shall, after retaining a sufficient and proper working capital and making payment of salaries and expenses, distribute the net profits out of the operation of said alcoholic beverage control store(s) in the following manner, and none other:

Five percent (5%) to the Rutherford County Department of Mental Health to be specifically used for operation and programs of the Green Street Center for Alcohol and Drug Abuse Rehabilitation, for so long as the Center shall be located in the corporate limits of the Town of Rutherfordton.

Ten percent (10%) to the Rutherford County Board of Education for specific use in meeting capital outlay needs at Rutherfordton-Spindale High School.

Five percent (5%) to the Rutherford County Board of Education for specific use in meeting the capital outlay needs at Rutherfordton Elementary School.

Five percent (5%) to the Rutherford County Board of Education for specific use in meeting the capital outlay needs at New Hope Middle School.

Five percent (5%) to the Rutherford County Board of Education for specific use in meeting the capital outlay needs at Ruth Elementary School.

Twenty percent (20%) to the Town of Rutherfordton Parks and Recreation Commission to be used for capital improvements, maintenance and programs in its Recreational activities.

Twenty-five percent (25%) to the Town Council of Rutherfordton for use in law enforcement through the Town Police Department.

Twenty-five percent 25%) to the Town Council of Rutherfordton to be used for any lawful purposes the board may deem necessary and essential.

All agencies outside of the government of the Town of Rutherfordton which receive net proceeds from the Town Alcoholic Beverage Control Board, shall be required to file an annual report to the Town Council, specifying how all proceeds were expended.

E.         Subsequent elections on Alcoholic Beverage Control stores or off-premises sales of malt beverages shall not be held within two years of any previous election on the question, provided an election on one question shall not prevent an election on the other question.

If a subsequent election is held and the majority of the votes are cast 'Against Town Alcoholic Beverage Control Stores' the Town of Rutherfordton Alcoholic Beverage Control Board shall, within three months of certification of such election, dispose of all alcoholic beverages on hand and all of the assets under the control of said board, and convert the same into cash and turn the same over to the Town Treasurer. If a subsequent election is held and the majority of the votes are cast 'Against off-premises sales of malt beverages' then the off-premises sale of malt beverages shall cease to be lawful in the Town of Rutherfordton."

Sec. 2. The purpose of this act is to revise the Charter of the Town of Rutherfordton and to consolidate herein certain acts concerning the property, affairs, and government of the Town. It is intended to continue without interruption those provisions of prior acts which are consolidated into this act, so that all rights and liabilities that have accrued are preserved and may be enforced.

Sec. 3. This act shall not be deemed to repeal, modify, or in any manner affect any of the following acts, portions of acts, or amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set forth herein.

(a)       Any acts concerning the property, affairs, or government of public schools in the Town of Rutherfordton.

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

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

Chapter 38, Private Laws 1787

Chapter 47, Private Laws 1793

Chapter 83, Private Laws 1819

Chapter 48, Private Laws 1832-33

Chapter 57, Private Laws 1841

Chapter 316, Private Laws 1851

Chapter 270, Private Laws 1855

Chapter 21, Private Laws 1866

Chapter 132, Public Laws 1868-69

Chapter 1, Private Laws 1869

Chapter 146, Private Laws 1887

Chapter 139, Private Laws 1899

Chapter 453, Public Laws 1901

Chapter 317, Private Laws 1901

Chapter 308, Private Laws 1903

Chapter 592, Public Laws 1905

Chapter 420, Private Laws 1907

Chapter 435, Private Laws 1907

Chapter 30, Private Laws 1911

Chapter 216, Private Laws 1913

Chapter 253, Private Laws 1913

Chapter 18, Private Laws, Extra Session 1913

Chapter 132, Private Laws 1917

Chapter 159, Private Laws 1917

Chapter 17, Private Laws 1919

Chapter 125, Private Laws 1919

Chapter 134, Private Laws 1921

Chapter 89, Private Laws 1923

Chapter 42, Private Laws, Extra Session 1924

Chapter 50, Private Laws, Extra Session 1924

Chapter 68, Private Laws, Extra Session 1924

Chapter 46, Private Laws 1927

Chapter 21, Private Laws 1929

Chapter 34, Private Laws 1929

Chapter 157, Private Laws 1929

Chapter 7, Private Laws 1933

Chapter 117, Private Laws 1933

Chapter 95, Private Laws 1935

Chapter 102, Private Laws 1935

Chapter 170, Private Laws 1935

Chapter 254, Private Laws 1935

Chapter 232, Public-Local Laws 1939

Chapter 310, Private Laws 1941

Chapter 9, Session Laws 1943

Chapter 232, Session Laws 1943

Chapter 625, Session Laws 1945

Chapter 557, Session Laws 1945

Chapter 267, Session Laws 1953

Chapter 370, Session Laws 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. All existing ordinances and resolutions of the Town of Rutherfordton and all existing rules or regulations of departments or agencies of the Town of Rutherfordton, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified or amended.

No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending at the effective date of this act by or against the Town of Rutherfordton 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 its ratification.

In the General Assembly read three times and ratified, this the 12th day of April, 1979.