NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

CHAPTER 222

HOUSE BILL 363

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF CONCORD.

 

The General Assembly of North Carolina do enact:

 

Section 1. Chapter 344 of the Private Laws of North Carolina, Session of 1907, and the amendments thereto, is amended by adding the following:

APPOINTMENT, QUALIFICATION, TERMS AND COMPENSATION.

The board of aldermen shall appoint a city manager to hold office during the pleasure of the board of aldermen. The city manager shall be appointed with regard to merit only, and he need not be a resident of the city when appointed but shall reside within the city while occupying said office and shall receive such compensation as the board of aldermen may determine.

POWER AND DUTIES OF CITY MANAGER.

The city manager shall:

(1)       be the administrative head of the city government

(2)       see that within the jurisdiction of the city, the laws of the State, and ordinances, resolutions, rules and regulations and policies of the board of aldermen are faithfully executed and enforced

(3)       attend all meetings of the board of aldermen and recommend for adoption such measures as he may deem expedient

(4)       make reports to the board of aldermen from time to time upon the affairs of the city and keep the board of aldermen fully advised of the city's financial condition and its future financial needs

(5)       appoint and remove all department heads, other than the city treasurer

(6)       have general supervision and oversight over all departments of the city

(7)       prepare or cause to be prepared and published all reports required of the city or any department or officer thereof

(8)       act as purchasing agent for the various departments and approve or disapprove all bills or accounts for items purchased prior to payment thereof

(9)       shall be an ex officio member of the Board of Light and Water Commissioners of Concord, North Carolina, and shall attend all meetings of said board

(10)     not less than 75 days prior to the beginning of the fiscal year, the city manager shall transmit to the board of aldermen a proposed budget which shall set forth all proposed expenditures for the administration, operation and maintenance of all departments of the city for which appropriations are required to be made or taxes levied by the city; all expenditures for capital projects to be undertaken or executed during the fiscal year; all interest and debt reduction charges during the fiscal year. In addition thereto, the budget estimate shall set forth the anticipated income and other means of financing the total proposed expenditures of the city for the fiscal year.

(11)     perform and carry out any other duties imposed or to be imposed upon him by the State or the board of aldermen including, but not limited to, the duties of one or more other offices or positions of the city, except as herein otherwise provided.

Sec. 2. Section 2 of Chapter 716 of the Session Laws of North Carolina Session of 1947 is hereby repealed, and in lieu thereof is inserted the following:

"The board of aldermen at the regular meeting in June 1965 shall appoint three members of the Board of Light and Water Commissioners, one of whom shall be appointed for a term of one year, one of whom shall be appointed for a term of two years, and one of whom shall be appointed for a term of three years. Each succeeding term shall be three years. The City Manager of Concord shall be an ex officio member of said board but shall not have a vote. The board of aldermen shall also appoint a treasurer, an attorney, and such other officers as it may deem necessary for the proper government of the city who shall hold office during the pleasure of the board of aldermen, or until their successors are appointed and qualified. The Mayor of the City of Concord shall be chairman ex officio of such board and shall preside at all meetings but shall not have a vote in such proceedings."

Sec. 3. That portion following the semicolon in line 9 of Section 10, Chapter 716 of the Session Laws of 1947 is hereby repealed and in lieu thereof is inserted the following:

"he shall appoint one member of the board of aldermen to act as liaison to each department of the city but such member so appointed shall not interfere with the operation of said department."

Sec. 4. The following Sections of Chapter 344 of the Private Laws of North Carolina of the Session of 1907 are hereby specifically repealed; namely, Sections 11, 21, 37, 52, 65 and that portion of Section 36 beginning on line 7 beginning with "he shall have power to suspend …."

Sec. 5. Section 16 of Chapter 119 of the Private Laws of North Carolina Session of 1879 is hereby specifically repealed.

Sec. 6. Chapter 113 of the Private Laws of North Carolina, Session of 1935 is hereby specifically repealed.

Sec. 7. The following Sections of Chapter 716 of the Session Laws of North Carolina Session of 1947 are hereby specifically repealed; namely, Sections 6, 7, and 8.

Sec. 8. That Chapter 71, Private Laws of 1905, as amended by Chapter 265, Private Laws of 1935, Chapter 1180, Session Laws of 1955, and Chapter 66, Session Laws of 1959, be and the same is hereby amended by adding the following at the end of Section 6 (d):

"Sec. 6. (e). The Board of Light and Water Commissioners of the City of Concord shall, out of the proceeds collected from the electrical, water and sewer rates, fees, charges and rentals, (1) subject to the provisions of 6 (c), Chapter 1180, Session Laws of 1955, pay the costs and expenses incurred in managing, operating, improving, maintaining and extending its water, electrical and sewer lines and systems; (2) provide for appropriate reserves for payment of principal and interest on bonds heretofore or hereafter issued by the City of Concord in connection therewith; (3) provide a reserve fund for emergencies and disasters in such amount as the board may deem advisable; (4) provide a reserve for future improvements and extensions in such amount as the board may deem advisable; (5) remit to the Treasurer of the City of Concord all amounts which the board deems unnecessary to retain for the purposes herein set out.

"Sec. 6 (f). The Board of Light and Water Commissioners of the City of Concord is hereby authorized and empowered to acquire in the name of the Board of Light and Water Commissioners of the City of Concord, either by purchase or by the exercise of the right of eminent domain in the manner provided in Chapter 40, Article 2 of the General Statutes of North Carolina entitled 'Eminent Domain', such land and rights and interests therein as it may deem necessary in connection with the construction, extension, enlargement, improvement or operation of its electrical and water systems both within and without the corporate limits of the City of Concord."

Sec. 9. Chapter 9 of the Private Laws of 1901 be and the same is hereby amended by striking out the word "superintendents" in Section 14 of said Act, and substituting in lieu thereof the words "Directors of Utilities".

Sec. 10. Chapter 71 of the Private Laws of 1905 be and the same is hereby amended by striking out the word "superintendent" in Section 5 of said Act, and substituting in lieu thereof the words "Director of Utilities".

Sec. 11. Chapter 71 of the Private Laws of 1905 be and the same is hereby amended by adding the following at the end of Section 5 of said Act: "The Director of Utilities shall perform such duties as said board may direct and shall act as purchasing agent for said board under its supervision and direction".

Sec. 12. Chapter 9 of the Private Laws of 1901 be and the same is hereby amended by striking from Section 16 the words "in the penal sum of ten thousand dollars ($10,000.00), payable to the Board of Light and Water Commissioners for the Town of Concord and their successors in office" and inserting in lieu thereof "in such penal sum as said commissioners may set, payable to the Board of Light and Water Commissioners for the City of Concord and their successors in office, premiums on said bond to be paid by said Board of Light and Water Commissioners,".

Sec. 13. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 14. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 9th day of April, 1965.