GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 306
AN ACT TO AMEND THE CHARTER OF THE CITY OF REIDSVILLE TO ALTER THE SIZE AND METHOD OF ELECTING THE CITY COUNCIL.
The General Assembly of North Carolina enacts:
Section 1. Article II of the Charter of the City of Reidsville, being Chapter 957, Session Laws of 1989, reads as rewritten:
"ARTICLE II. GOVERNING BODY.
"Section 2.1. Mayor and City Council.
The Mayor and the City Council, hereinafter referred to as the
'Council,' Council shall be the governing body of the City. The
Mayor shall be a member of the City Council.
"Section 2.2. City Council; Composition;
Terms of Office. The Council shall be composed of
five members elected by all the qualified voters of the City for terms of two
years or until their successors are elected and qualified. Following
the 1993 City election, the City Council shall consist of seven members elected
as follows: (i)
two members elected from District A by the voters of that district only;
(ii) two members elected from District B by the voters of that district only;
(iii) two members elected at large by all the voters of the City; and (iv) the
Mayor elected by all the voters of the City. In 1993 two members shall be
elected from District A for two-year terms, two members shall be elected
from District B for two-year terms, two members shall be elected at large for
four-year terms, and the Mayor shall be elected at large for a four-year
term. As the terms of the Council members and Mayor elected in 1993
expire, their successors shall all be elected for terms of four years.
"Section 2.3. Mayor; Term of Office;
Duties. The Council shall elect one of its members to serve as
Mayor for a term of two years. The Mayor shall be the official head
of the City Government and preside at meetings of the Council, shall have
the right to vote on all matters before the Council, and shall exercise the
powers and duties conferred by law or as directed by the Council. The
Mayor shall be a participating member of the Council and is entitled to make
motions, vote, and take other actions the same as any other Council member.
"Section 2.4. Mayor Pro Tempore.
The Council shall elect one of its members choose one of the two
members elected at large as Mayor Pro Tempore to perform the duties of the
Mayor during his or her the Mayor's absence or disability, in
accordance with general law. The member chosen as Mayor Pro
Tempore shall serve in such capacity until the organizational meeting
following the next regular municipal election, despite the contrary provisions
of G.S. 160A-70. that office for the period of that member's term as a
Council member.
"Section 2.5. Meetings. In
accordance with general law, the Council shall establish a suitable time and
place for its regular meetings. Special and emergency meetings may be
held as provided by general law.
"Section 2.6. Voting requirements;
Quorum. Official actions of the Council and all votes shall be
taken in accordance with the applicable provisions of general law, particularly
G.S. 160A-75. A majority of the membership of the Council shall
constitute a quorum.
"Section 2.7. Compensation; Qualifications
for Office; Vacancies. The compensation and qualifications
of the Mayor and Council shall be in accordance with general law.
Vacancies that occur in any elective office of the City shall be filled as
provided in G.S. 160A-63.
"Section 2.5. Residency. To be eligible to be a candidate for election from District A or B, a person must be a resident of that district at the time of filing notice of candidacy. If, at any time after taking office, a member elected or appointed to represent District A or B ceases to reside in that district, the Council may declare a vacancy in that office and shall appoint as a replacement a person who resides in the district.
"Section 2.6. Vacancies. If a Council member other than the Mayor dies, resigns, ceases to reside in a district as required by Section 2.5, or otherwise vacates that office, the remaining members of the Council shall appoint a person to fill the vacancy. The person appointed by the Council shall serve the remainder of the unexpired term. A vacancy in the office of Mayor shall be filled as provided by general law.
"Section 2.7. Districts. Districts A and B used for the election of Council members shall be as follows:
District A - The portion of the City north of the following line running east to west from the point where the City limit crosses Lawsonville Avenue (Highway 158) on the east side of the City: west on Lawsonville Avenue to Harrison Street, southwest on Harrison to the Southern Railway track, south along the railroad track to Woodrow Street, west on Woodrow to Maple Avenue, south on Maple to Crescent Drive, southwest on Crescent to Summit Avenue, west on Summit to Courtland Avenue, south on Courtland to North Woodleigh, southwest on Woodleigh to Linville Drive, north on Linville to Vance Street, west on Vance to the City limit on the west side of the City.
District B - The remaining portion of the City being that part south of the line described above. District lines may be altered as provided by general law."
Sec. 2. Article III of the Charter of the City of Reidsville, being Chapter 957, Session Laws of 1989, reads as rewritten:
"ARTICLE III. ELECTIONS.
"Section 3.1. Regular Municipal City
Elections. Regular municipal city elections
shall be held in each odd numbered year in accordance with the uniform
municipal election laws of North Carolina. Carolina, except as
provided in this Article. Elections are conducted on a nonpartisan
basis and the result determined using the nonpartisan plurality method as
provided in G.S. 163-292.
"Section 3.2. Election of Council Members
other than Mayor. Five Council members shall be elected
in each regular municipal election. Council members other than the
Mayor shall be elected by the nonpartisan plurality method as provided in G.S.
163-292.
"Section 3.3. Election of Mayor. The Mayor shall be elected by the nonpartisan election and runoff method as provided in G.S. 163-293, except that a candidate shall be elected with a substantial plurality of the total votes cast rather than having to receive a majority. A substantial plurality shall be determined by multiplying the total vote cast for all candidates by forty percent (40%). A vote total in excess of that number shall be a substantial plurality, and the candidate who receives a substantial plurality shall be declared elected. If two candidates receive a substantial plurality, the candidate receiving the highest number of votes shall be declared elected.
"Section 3.4. Time of City Elections. Elections for Mayor and City Council Members shall be in October four weeks before the Tuesday after the first Monday in November. In years in which the Mayor is being elected, the runoff for Mayor, if necessary, shall be on Tuesday after the first Monday in November.
"Section 3.5. Filing Period. In all city election years, the period for filing notices of candidacy shall begin at noon on the first Friday in August and end at noon on the third Friday in August preceding the election.
"Section 3.3. 3.6. Special
Elections and Referendums. Special elections and referendums may be
held only as provided by general law or applicable local acts of the General
Assembly."
Sec. 3. This act is effective upon ratification and shall be implemented beginning with the regular 1993 city election, provided it has been precleared by August 5, 1993, pursuant to Section 5 of the federal Voting Rights Act. If the new election method described in this act is not precleared by August 5, 1993, the 1993 election shall be conducted according to the current at-large election method, but the period for filing notices of candidacy shall run from noon on the first Friday in August until noon on the third Friday of that month. If the United States Attorney General, acting pursuant to Section 5 of the Voting Rights Act, objects to any feature of the election method described in this act, the Reidsville City Council may alter the election method to remove the objection, by adoption of a resolution to that effect. Such resolution shall have the same effect as an act of the General Assembly, and shall be filed with the Secretary of State.
In the General Assembly read three times and ratified this the 8th day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives