NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 113

HOUSE BILL 132

 

 

AN ACT TO PROVIDE FOR AN ELECTION IN THE TOWN OF BREVARD ON THE QUESTION OF CONTINUING THE TOWN MANAGER FORM OF GOVERNMENT.

 

WHEREAS, under and pursuant to Chapter 681 of the Session Laws of 1959, a referendum was submitted to and adopted by the qualified voters of the Town of Brevard providing for a modified town manager form of government and amending the Charter of the Town of Brevard accordingly; and

WHEREAS, in excess of thirty per cent (30%) of the registered voters of the Town of Brevard have already petitioned, and petitions bearing the signatures of a considerable additional number of voters of the town are presently being circulated for other signatures among the voters of the town, urging their legislative Representatives in the current General Assembly to provide appropriate legislation for the submission of a referendum to the qualified voters of the town on the question of whether or not the town manager form of government should be continued, or the form of town government revert to that form which obtained prior to the adoption by the electorate of the modified town manager form of government: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. Subject to a referendum which the Board of Aldermen of the Town of Brevard shall cause to be submitted to the qualified voters of the town at the next ensuing municipal election, the Charter of the Town of Brevard, Chapter 113 of the Private Laws of 1903, as amended, shall be further amended by deleting "Section 4(a)" thereof as set forth in detail in Section 1 of Chapter 681 of the Session Laws of 1959.

Sec. 2. The referendum shall be submitted to the qualified voters of the Town of Brevard at the regular municipal election to be held on Tuesday after the first Monday of May, 1965, that is to say, on Tuesday, May 4, 1965. Notice of the referendum herein provided for and of its submission at the regular municipal election shall be published, or caused to be published, by the board of aldermen of the town not less than once a week for three successive weeks prior to the date of the election in a newspaper having a general circulation within the municipality.

Sec. 3. The referendum election provided for in this Act shall be held for the Town of Brevard in accordance with the procedures for municipal elections as set forth in Article 3 of Chapter 160 of the General Statutes of North Carolina, G. S. 160-29 through G. S. 160-51.1, except as those election procedures may be modified by the provisions of this Act.

Sec. 4. At said election the qualified voters of the Town of Brevard shall cast their ballots either in favor of or against the adoption of the proposed amendment to the Charter of the Town of Brevard as set forth in Section 1 of this Act upon a ballot prepared for said purpose and upon which shall be printed the following words:

[ ]       For continuing the Town Manager form of government.

[ ]       Against continuing the Town Manager form of government.

If, at said election, a majority of the votes cast shall be marked on said ballots as "For continuing the Town Manager form of government" then the proposed amendment to the Charter of the Town of Brevard as set forth in Section 1 of this Act shall be null and void, and without force and effect. If a majority of the votes cast shall be marked on said ballots as "Against continuing the Town Manager form of government" then the amendment to the Charter of the Town of Brevard as set forth in Section 1 of this Act shall be deemed duly adopted and shall become a part of the Charter of the Town of Brevard at the time the municipal board of elections certifies the result of said election to the Board of Aldermen of said Town of Brevard, and the government of the Town of Brevard shall thereupon revert to that form of government which obtained prior to the adoption of Section 4(a) of Section 1 of Chapter 681 of the Session Laws of 1959.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 25th day of March, 1965.