NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 693

HOUSE BILL 699

 

 

AN ACT TO AMEND CHAPTER 473 OF THE SESSION LAWS OF 1975 RELATING TO THE CHARTER OF THE TOWN OF CHAPEL HILL.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Charter of the Town of Chapel Hill, as the same appears in Chapter 473, Session Laws of 1975, as amended, is hereby further amended as follows:

(1)       Amend Chapter I, Section 1.3 by rewriting said section to read as follows:

"Sec. 1.3. Town Limits. The boundaries of the Town shall be those existing at the time of the adoption of this Charter, with such alterations as have been made or may be made from time to time in the manner provided by law, and in addition, the following described area is included within the boundaries of the Town: BEGINNING at a point in the University Railway right-of-way at its southernmost point of contact with the area annexed to the Town of Chapel Hill on June 19, 1973, and proceeding thence west approximately 68 feet to the centerline of said railroad right-of-way; proceeding thence northwestward with the centerline of said railroad right-of-way approximately 1,274 feet to a point 1 foot north of the north right-of-way line of Estes Drive; proceeding thence in a generally northeastward direction parallel to said street right-of-way approximately 395 feet to the northwesternmost point of the area annexed to the Town of Chapel Hill on June 20, 1975; proceeding thence south 101 feet to the southern right-of-way line of Estes Drive at the junction of the areas annexed to the Town of Chapel Hill on June 19, 1973, and June 20, 1975; proceeding thence generally southwestward with said street right-of-way approximately 335 feet to the east line of the University Railway right-of-way; proceeding thence southeast with said railroad right-of-way approximately 1,195 feet to the point of BEGINNING.

Real and personal property in the territory annexed pursuant to this act is subject to municipal taxes according to the provisions of G.S. 160A-58.10.";

(2)       Amend Chapter II, Section 2.4 by rewriting said section to read as follows:

"Sec. 2.4. Vacancies in elected offices. If any elected town officer shall fail or refuse to be qualified, or if there is a vacancy in any elected town office after qualification, or if the holder of any such office be unable to discharge the duties of the office, the governing body shall choose some person to fill the vacancy as provided by law.";

(3)       Amend Chapter III, Section 3.1 by rewriting said section to read as follows:

"Sec. 3.1. Composition of governing body. The governing body of the Town of Chapel Hill shall consist of a mayor and an eight-member board of aldermen, which shall also constitute the legislative body of the Town.";

(4)       Amend Chapter III, Section 3.4(b), Quorum Votes, by adding the following thereto:

"The mayor shall be excused from voting only upon the same matters as a member.";

(5)       Amend Chapter III, Section 3.5 by rewriting said section to read as follows:

"Sec. 3.5. General powers of the governing board. (a)  The government of the town and the general management of the town shall be vested in the governing body, except that the town manager shall have the powers hereinafter specified.

(b)       In addition to other powers conferred upon it by law, the governing body may adopt and provide for the execution of such ordinances, rules, and regulations, not inconsistent with this Charter, as may be necessary or appropriate to protect health, life, or property, or to preserve or promote the comfort, convenience, security, good order, better government, or the general welfare of the town or its inhabitants; may enforce the same by imposing penalties on such as violate them; and may compel the performance of the duties imposed upon others, by suitable penalties.";

(6)       Amend Chapter V, Section 5.10, by rewriting the first sentence thereof to read as follows:

"If the Board of Aldermen desires to exercise the powers granted by this Article, it shall by ordinance create a planning board of 10 members, who shall be appointed as follows: Not fewer than five nor more than seven shall be appointed by the Aldermen, and shall be citizens and residents of the Town; not fewer than three nor more than five shall be appointed by the Orange County Board of Commissioners and shall be citizens and residents of the territory beyond and surrounding the territorial limits of the Town of Chapel Hill as defined in this Article.";

(7)       Amend Chapter V, Section 5.12 by rewriting the section to read as follows:

"If the Board of Aldermen should adopt a zoning ordinance for the territory beyond the corporate limits of the Town of Chapel Hill as authorized in this Article, it shall create a zoning board of adjustment of 10 members who shall be appointed as follows: Not fewer than five nor more than seven shall be appointed by the Aldermen, and shall be citizens and residents of the Town; not fewer than three nor more than five shall be appointed by the Orange County Board of Commissioners and shall be citizens and residents of the territory beyond and surrounding the territorial limits of the Town of Chapel Hill as defined by this Article. The board of adjustment shall exercise all of the powers, duties, and functions enumerated in G.S. 160A-388. There shall be a quorum of five members for the purpose of hearing cases. The concurring vote of four-fifths of the members present for the hearing on any case shall be necessary in order:

(a)       to reverse any order, requirement, decision, or determination of the administrative official charged with enforcement of the ordinance, or

(b)       to effect any variation in such ordinance.

In all other cases, the concurring vote of majority of the members present shall be required to determine a matter, and insofar as the provisions of G.S. 160A-388 are inconsistent herewith, said section is amended with respect to the Town of Chapel Hill."; and

(8)       Amend Chapter V, Section 5.5 by rewriting said section to read as follows:

"Sec. 5.5. Special Parking Permit. The Town is authorized to issue special parking permits which permit the holder thereof to park a vehicle displaying such permit at a location on a public street in residential areas where the parking is otherwise prohibited."

(9)       Amend Chapter V, Section 5.4, by adding the following new language at the end thereof:

"Where appropriate, the Board may also regulate the use of such fire lanes by non-emergency vehicles."

Sec. 2. The Charter of the Town of Chapel Hill as the same appears in Chapter 473 of the Session Laws of 1975, as amended, is hereby further amended by deleting Section 5.11 and Section 5.13 of Article II, Chapter V.

Sec. 3. Notwithstanding the provisions of G.S. 157-39.1, the Chapel Hill Housing Authority may operate and perform any of its lawful functions within the Town of Carrboro when requested to do so by resolution of the Board of Aldermen of the Town of Carrboro.

Sec. 4. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 30th day of May, 1979.