S.L. 1967-112

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 112

HOUSE BILL 238

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF NEWTON.

The General Assembly of North Carolina do enact:

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

THE CHARTER OF THE CITY OF NEWTON

ARTICLE I. INCORPORATION AND CORPORATE POWERS

Section 1.1. Incorporation and General Powers. The City of Newton shall continue to be a body politic and corporate under the name of the "City of Newton" and shall continue to be vested with all property and rights which now belong to the city; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature.

Section 1.2. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, if this Charter makes no provision, as provided by the general laws of North Carolina pertaining to municipal corporations.

Section 1.3. Enumerated Powers not Exclusive. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein or implied hereby, or those appropriate to the exercise of such powers, the City of Newton shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate.

ARTICLE II. CORPORATE BOUNDARIES

Section 2.1. Existing Corporate Boundaries. The corporate boundaries of the City of Newton shall be as follows until changed in accordance with law:

BEGINNING at a concrete monument, an old Town corner, the southeast corner of the corporate limits of the city, located in the southeast edge of the city, and further situated on the West side of the St. James Church paved road on the property of Glenn Young, and running thence from said beginning corner in a due West course 3460 feet to a point in the center of Brady Avenue; thence in a South course with the center of Brady Avenue, 330 feet to the point of intersection with Hospital Street; thence in an easterly direction with Hospital Street, 1020 feet to a corner in said street; thence continuing with said street in a southeast direction, 460 feet to the Carmie and Mary Young line; thence with the Andrew Sigmon-Hospital line, West 590 feet to a stake, corner of Andrew Sigmon and Hospital; thence with another Andrew Sigmon-Hospital line, South 14 degrees 30 minutes West 660 feet to a corner at a large gully adjoining Meadowbrook Acres Subdivision; thence down said gully in a southeasterly direction along Meadowbrook Acres Subdivision 843 feet to a corner in the gully over a fill, South 23 degrees 06 minutes West 853 feet to a corner; thence North 77 degrees 36 minutes West 640 feet to a corner in the center of U. S. Highway 321; thence with the center of said highway, North 11 degrees 32 minutes East 350 feet to a corner in said highway; thence North 72 degrees 30 minutes West 394 feet to an iron stake; thence North 76 degrees 55 minutes West 426 feet to an iron stake; thence South 13 degrees 45 minutes West 525 feet to an iron stake; thence South 3 degrees 45 minutes West 110 feet to an iron pin; thence North 87 degrees West 200 feet to an iron pin; thence South 2 degrees 40 minutes West 159 feet to an iron stake; thence South 4 degrees West 512 feet to an iron pin at the "Newton Firemen's Hut" on the City of Newton property line; thence with said line, South 85 degrees 40 minutes West 760 feet to a corner in Clark's Creek; thence up said creek with its meanders in a northerly direction, 2175 feet, more or less, to a corner in said creek, corner of Herbert Yount; thence leaving said creek and running South 89 degrees 20 minutes East 1261 feet, more or less, to an iron pin in old roadbed; thence with said old roadbed, North 35 degrees 15 minutes East 586 feet to an iron pin; thence North 14 degrees 45 minutes East 520 feet to an iron pin and concrete monument at the South side of "Northgate Road"; thence North 11 degrees 40 minutes East 1020 feet to a corner in a large gully; thence in a westerly direction with the meanders of "Town Branch" about 2120 feet to a corner in Clark's Creek; thence in a northwesterly direction with Clark's Creek about 1500 feet to the intersection of said Clark's Creek with Clines Creek; thence in a North direction with Clines Creek 1069 feet, more or less, to a corner in said creek where it intersects with Mill Branch; thence South 88 degrees 45 minutes East 1715 feet, more or less, to a concrete monument, an old city corner; thence with the old city boundary line, a due North course, 4985 feet, more or less, to a corner in West 1st Street; thence North 75 degrees 18 minutes West 458 feet to an iron pin; thence North 70 degrees 13 minutes West 936 feet to an iron pin; thence South 86 degrees 46 minutes West 578 feet to a large hickory tree; thence North 19 degrees 28 minutes West 129 feet to a corner in Hildebran Creek; thence up the various meanders of said creek in a northerly direction 2000 feet, more or less, to a corner in said creek where West 7th Street crosses said creek; thence continuing up said creek in a northerly direction, 960 feet, more or less, to a corner; thence North 83 degrees 51 minutes East 631 feet to an iron pin; thence North 85 degrees 41 minutes East 566 feet to an iron pin on the old original city boundary; thence with the old line due North 1685 feet to a concrete monument, an old corner; thence North 14 degrees 08 minutes West 2440 feet to a concrete monument; thence North 67 degrees 10 minutes East 95 feet to a corner in a branch on the West side of U. S. Highway 321, Bypass; thence with said branch in a northerly direction 1127 feet to a corner at the intersection of two branches near the Southern Glove Company plant property; thence a new line, 275 feet West of the center line of U. S. Highway 321 as follows: North 17 degrees 41 minutes East 735 feet to a concrete monument; thence North 17 degrees 45 minutes East 1750 feet to a concrete monument; thence South 77 degrees 15 minutes East 275 feet to a corner in the center of U. S. Highway 321; thence with the center of said highway, South 16 degrees 10 minutes West 55 feet to a corner in said highway; thence leaving said highway and running along the North edge of the proposed street or road, South 75 degrees 15 minutes East 250 feet to a concrete monument; thence continuing with said proposed road, South 57 degrees 40 minutes East 195 feet to a corner in the branch where the above said road would cross; thence continuing with a branch; North 68 degrees 50 minutes East 354 feet to a corner in said branch; thence continuing again with said branch, North 88 degrees 55 minutes East 698 feet to a corner in said branch at a dry ditch; thence continuing with the dry ditch, North 45 degrees 30 minutes East 132 feet to a corner in the center of proposed Shipp Avenue undeveloped; thence with the center line of said Shipp Avenue undeveloped, North 1 degree 20 minutes West 46 feet to a corner in said Shipp Avenue; thence with a property line, South 88 degrees 0 minutes East 208 feet to a concrete monument; thence North 1 degree 20 minutes West with the rear property line of the front adjacent lot 181 feet to an iron pin; thence with another property line, South 85 degrees 25 minutes East 306 feet to a point in the center line of No. 16 Highway or North Main Avenue Extended; thence with the center line of North Main Avenue, South 0 degrees 35 minutes West 82 feet to a corner in said North Main Avenue; thence with the northern boundary of 29th Street, North 88 degrees 15 minutes East 423 feet to a corner in the center line of Southern Railway main line; thence with the center line of said Southern Railway main line, South 6 degrees 23 minutes East 462 feet to a corner in said railroad opposite the Pittman lot northeast corner; thence continuing with the railroad, South 6 degrees 23 minutes East 100 feet to a corner in the center of said railroad, opposite the southeast corner of the Pittman lot; thence continuing with the center line of said railroad, South 6 degrees 25 minutes East 347.8 feet to a corner in the said railroad; thence leaving the railroad, North 81 degrees 07 minutes East 258.8 feet to an iron pin; thence North 11 degrees 32 minutes West 104.7 feet to an iron pin; thence North 83 degrees 12 minutes East 254.2 feet to an iron pin; thence North 70 degrees 38 minutes East 685.4 feet to an iron pin; thence North 18 degrees 15 minutes West 134.8 feet to a stake; thence North 57 degrees 28 minutes East 128.21 feet to a stake; thence North 19 degrees 47 minutes West 128 feet to a stake; thence North 72 degrees 45 minutes East 277.2 feet to a corner in a branch of McLin's Creek; thence down the branch as follows: South 67 degrees 30 minutes East 37.15 feet; thence South 11 degrees 08 minutes East 30.16 feet; thence South 15 degrees 15 minutes East 40.3 feet; thence South 45 degrees 47 minutes East 96.09 feet; thence South 32 degrees 36 minutes East 53.1 feet; thence South 5 degrees 30 minutes East 75.34 feet; thence South 33 degrees 43 minutes East 210.99 feet to a corner in the branch, a corner of the Conover City Limits; thence continuing down the branch of McLin's Creek as it meanders in a southerly direction 475 feet to a corner in the creek; thence leaving the branch, South 67 degrees 10 minutes West 415 feet to a concrete monument, the old corner of the Newton Corporate Limits; thence running a due South line from this corner a distance of approximately 15,550 feet to the point of BEGINNING.

Excepted from the above description and corporate limits is the following described tract of land known as the American Legion Property located in South Newton and described as follows:

BEGINNING at a corner in the center of U. S. Highway 321 Bypass, the southeast corner of the American Legion property and an old boundary corner of the city limits, and runs thence along the center line of said U. S. Highway 321 Bypass in a northerly direction, 670 feet to a corner in the center of said highway; thence South 69 3/4 degrees West 1032 feet along the South edge of West 1 Street to a corner; thence with the East edge of Ridge Street, South 27 degrees 10 minutes East 660 feet to a corner; thence North 70 degrees 50 minutes East 122 feet to a corner; thence North 5 degrees 35 minutes East 38.4 feet to a corner; thence South 88 degrees 30 minutes East 535 feet, more or less, to a corner in the North edge of Westside Drive; thence along the North edge of Westside Drive, North 53 1/2 degrees East 88 feet to a corner; thence along the North edge of Westside Drive, North 46 degrees 36 minutes East 333 feet to the BEGINNING.

Section 2.2. Extension of Corporate Boundaries. All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.

ARTICLE III. MAYOR AND BOARD OF ALDERMEN

Section 3.1. Composition of Board of Aldermen. The Board of Aldermen shall consist of six members to be elected by and from the qualified voters of the city voting at large in the manner provided by Article IV.

Section 3.2. Mayor and Mayor Pro Tempore. The mayor shall be elected by and from the qualified voters of the city voting at large in the manner provided by Article IV. The mayor shall be the official head of the city government and shall preside at all meetings of the Board of Aldermen. Where there is an equal division upon any question, or in the appointment of officers, by the Board, the mayor shall determine the matter by his vote, and he shall vote in no other case. The mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the city. The Board of Aldermen shall choose one of its number to act as mayor pro tempore, and he shall 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 board.

Section 3.3. Terms; Qualifications; Vacancies.

(a) The members of the Board of Aldermen shall serve for terms of four years, and the mayor shall serve for a term of two years, beginning the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this Charter; provided, they shall serve until their successors are elected and qualify.

(b) No person shall be eligible to be a candidate or be elected as mayor or as a member of the Board of Aldermen, or to serve in such capacity, unless he is a resident and a qualified voter of the city.

(c) If any elected mayor or alderman shall refuse to qualify, or if there shall be any vacancy in the office of mayor or alderman after election and qualification, the remaining members of the board shall by majority vote appoint some qualified person to serve for the unexpired term. Any mayor or alderman so appointed shall have the same authority and powers as if regularly elected.

Section 3.4. Compensation of Mayor and Aldermen. The mayor shall receive for his services such salary as the Board of Aldermen shall determine, and no increase or reduction in his salary shall be made to take effect during the term in which it is voted. The Board of Aldermen may establish a salary for its members which may be increased or reduced but no increase shall be made to take effect as to any aldermen during the respective term of office which he is serving at the time the increase is voted.

Section 3.5. Organization of Board; Oaths of Office. The Board of Aldermen shall meet and organize for the transaction of business at a time established by ordinance, following each biennial election and prior to July 1. Before entering upon their offices, the mayor and each aldermen shall take, subscribe, and have entered upon the minutes of the board the following oath of office: "I, _____________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of ________________, on which I am about to enter, according to my best skill and ability, so help me God."

Section 3.6. Meetings of Board.

(a) The Board of Aldermen shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the mayor or a majority of the aldermen, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

(b) All meetings of the Board of Aldermen shall be open to the public. The board shall not by executive session or otherwise formally consider or vote upon any question in private session.

Section 3.7. Quorum; Votes.

(a) A majority of the members elected to the Board of Aldermen shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

(b) The affirmative vote of a majority of the members of the Board of Aldermen shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting.

Section 3.8. Ordinance and Resolutions. The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the board. The enacting clause of all ordinances shall be: "Be it ordained by the Board of Aldermen of the City of Newton." All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

ARTICLE IV. ELECTION PROCEDURE

Section 4.1. Regular Municipal Election. The regular municipal elections shall be held on the first Monday in May of each odd-numbered year. In each election year, there shall be elected by the qualified voters of the city voting at large a mayor to serve for a term of two years and three aldermen to serve for terms of four years, or until their successors are elected and qualify.

Section 4.2. Voting. Each voter shall be entitled to vote for one candidate for mayor and for three candidates for aldermen. The candidate for mayor who receives the largest number of votes shall be declared elected, and the three candidates for aldermen who receive the largest numbers of votes for aldermen shall be declared elected.

Section 4.3. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of mayor or alderman shall file with the city clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than 60 days nor later than 12:00 o'clock noon on the third Saturday preceding the election at which he offers his candidacy, shall be accompanied by payment of a filing fee of five dollars ($5.00), and shall be substantially in the following form: "I, ______________, do hereby give notice that I am a candidate for election to the office of _______________, to be voted on at the election to be held on __________________, and I hereby request that my name be placed on the official ballot for such office. I also certify that I am a resident and qualified voter of the City of Newton, residing at _____________________.

(Signature)

________________________________

(Date)

________________________________

Witness: ______________________________ ".

Section 4.4. Regulation of Elections. All municipal elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise herein provided.

ARTICLE V. CITY MANAGER

Section 5.1. Appointment; Compensation. The Board of Aldermen shall appoint an officer whose title shall be city manager and who shall be the chief executive officer of the city and the head of the administrative branch of the city government. The city manager shall be chosen by the board solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter prescribed. At the time of his appointment he need not be a resident of the city, but shall reside herein during his tenure of office. No person elected as mayor or as a member of the Board of Aldermen shall be eligible for appointment as city manager until after the expiration of the term for which he was elected. The city manager shall serve at the pleasure of the Board of Aldermen and shall receive such salary as the board shall fix. In case of absence or disability of the manager, the board may designate a qualified administrative officer of the city to perform the duties of the manager during such absence or disability.

Section 5.2. Chief Administrator. The city manager shall be responsible to the Board of Aldermen for the proper administration of all the affairs of the city. As chief administrator, the city manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the city, except the city attorney and city auditor, who shall be appointed as provided elsewhere in this Charter. Neither the mayor nor the Board of Aldermen nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the mayor and the Board of Aldermen and its members shall deal with officers and employees in the administrative service only through the city manager, and neither the mayor nor the Board of Aldermen nor any of its members shall give orders or directions to any subordinate of the city manager, either publicly or privately.

Section 5.3. Duties of City Manager. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the Board of Aldermen and the laws of the State are faithfully executed and enforced; to make such recommendations to the Board of Aldermen concerning the affairs of the city as he shall deem expedient; to keep the Board of Aldermen advised of the financial condition and the future financial needs of the city; to attend all meetings of the Board of Aldermen and to prepare and submit to the board such reports as he may deem expedient or as may be required of him by the board; and to perform all other duties as may be required of him by the Board of Aldermen.

ARTICLE VI. CITY ATTORNEY

Section 6.1. Appointment; Qualifications; Term; Compensation. The Board of Aldermen shall appoint a city attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the city during his tenure. The city attorney shall serve at the pleasure of the Board of Aldermen and shall receive such compensation as the board shall determine.

Section 6.2. Duties of City Attorney. It shall be the duty of the city attorney to prosecute and defend suits for and against the city; to advise the mayor, Board of Aldermen, city manager, and other city officials with respect to the affairs of the city; to draw all legal documents relating to the affairs of the city; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the city may be concerned; to attend all meetings of the Board of Aldermen; and to perform such other duties as may be required of him by virtue of his position as city attorney.

ARTICLE VII. ADMINISTRATIVE OFFICERS AND EMPLOYEES

Section 7.1. City Clerk. The city manager may appoint a city clerk to keep a journal of the proceedings of the Board of Aldermen and to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the manager may direct.

Section 7.2. City Tax Collector. The city manager may appoint a tax collector to collect all taxes, licenses, fees and other moneys belonging to the city, subject to the provisions of this Charter and the ordinances of the city, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

Section 7.3. City Accountant. The Board of Aldermen may appoint a city accountant to perform the duties of the accountant as required by the Municipal Fiscal Control Act.

Section 7.4. Consolidation of Functions. The city manager may, in his discretion, consolidate any two or more of the offices of city clerk and city tax collector, or may assign the functions of any one or more of these offices to the bolder or holders of any other of these offices. The city manager may also, in his discretion, himself perform all or any part of the functions of any of the named offices, in lieu of appointing other persons to perform the same.

ARTICLE VIII. FINANCE AND TAXATION

Section 8.1. Custody of City Money. All moneys received by the city or in connection with the business of the city government shall be paid promptly into the city depositories. Such institutions shall be designated by the Board of Aldermen in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the city shall accrue to the benefit of the city. All moneys belonging to the city shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

Section 8.2. Issuance of Bonds. The city may issue bonds for the purposes and in the manner prescribed by the General Statutes of North Carolina relating to the issuance of bonds by municipalities.

Section 8.3. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the city government by a certified public accountant or a qualified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the city or of any of its officers. The Board of Aldermen shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the city, and may be published if so ordered by the Board of Aldermen.

Section 8.4. Delinquent Taxes to General Fund. The Board of Aldermen may, in its discretion, direct the payment into the General Fund of all or any part of the proceeds of taxes which are, when collected, two or more years delinquent.

Section 8.5. Discounts for Prepayment of Taxes; G. S. 105-345 Amended as to City. Subsection (6) of G. S. 105-345 shall not apply to the City of Newton. The maximum discount allowable for prepayment of taxes to the city shall be one per cent (1%), to be allowed if paid within 15 days after the last tax notice in the regular books has been mailed to the taxpayers of the city or at any time prior thereto. Taxes shall be collected at net after such 15 day period and through the first day of February. Penalties shall accrue as provided by G. S. 105-345. The tax collector shall certify the date on which the last tax notice from the regular books has been mailed.

ARTICLE IX. PURCHASES AND CONTRACTS; SALE OF PROPERTY

Section 9.1. Purchases and Contracts. All purchases of apparatus, supplies, materials and equipment, and all contracts for construction or repair work shall be made in accordance with applicable provisions of the General Statutes.

Section 9.2. Disposal of Surplus Personal Property. The Board of Aldermen shall have power, in addition to the power granted by G. S. 160-59, to sell or to direct any of its officers or employees to sell any personal property, which the board has declared to be surplus property, in the following manner:

(a) without bids or advertisement, at private sale, if the property has a market value of five hundred dollars ($500.00) or less;

(b) to the highest bidder upon receipt of informal written bids, with only such advertisement as the board may direct, if the property has a market value of more than five hundred dollars ($500.00) but no more than two thousand dollars ($2,000.00); provided, all such bids received shall be recorded on the minutes of the board;

(c) to the highest bidder upon receipt of sealed bids after one week's public notice, if the property has a market value in excess of two thousand dollars ($2,000.00); provided, all such sealed bid proposals shall be opened in public and recorded on the minutes of the board.

ARTICLE X. POLICE

Section 10.1. Jurisdiction Extended.

(a) The jurisdiction of the police force is hereby extended to include all territory outside and within one mile of the corporate limits, and all members of the police force shall have within such territory all rights, power and authority as they have within the corporate limits.

(b) The jurisdiction of the police force is hereby extended to include all city-owned property and facilities whether located within or outside the corporate limits, and all members of the police force shall have upon and within such property and facilities all rights, power and authority as they have within the corporate limits.

Section 10.2. Effect of Ordinances on Town Property. All applicable ordinances of the city shall have full force and effect upon and within all city-owned property and facilities, whether located within or outside the corporate limits.

ARTICLE XI. RETIREMENT SYSTEM

Section 11.1. Establishment. The Board of Aldermen of the City of Newton is hereby authorized to establish or provide for a retirement system to provide for the payment of benefits to its employees or to their beneficiaries, in the following cases:

(a) Retirement, because of age;

(b) Disability;

Section 11.2. Coverage; Benefits. Such system shall include such officers and employees of the city as shall be determined by the Board of Aldermen. The city shall contribute to the system in such amounts as it shall determine, in order to meet the liabilities accruing because of personal services rendered to the city by its officers and employees; provided, however, that the system may also provide benefits which are based, partly or entirely, upon personal services rendered to the city prior to the establishment thereof, and the city may contribute the entire cost of benefits based on any such prior service. The Board of Aldermen may provide that employees shall share in the cost of financing the system, upon such terms as it deems advisable. The expense of administering the system shall be paid as provided by the Board of Aldermen and the board shall appropriate each year sufficient revenue to provide for the expense of the administration.

Section 11.3. Maintained on Solvent Basis. The system shall be maintained on a solvent actuarial reserve basis for all benefits beginning at its inauguration date, excepting the present value of benefits based on prior service.

Section 11.4. Contributions. The contribution required to cover the cost of benefits based on prior service, if any, shall be sufficient to fund the liability for such prior service in not more than 40 years from the date of establishment of the system.

Section 11.5. Contracts for Payment. The city may provide for the payment of one or more of the benefits enumerated in this Article by contracting with the governing body of any other municipality or municipalities in the State, with the United States government or any of its agencies or departments, or may contract with any insurance company or other corporation for the performance of any service in connection with the establishment of such Fund, or for the investment, care, or administration of such Fund, or for any other service relating thereto.

The city or any other governing body, agency, insurance company, person, or corporation contracting with the city for the investment, care or administration of said system may invest and reinvest the funds thereof in one or more of the types of securities or other investments authorized by Section 58-79 of the General Statutes of North Carolina, as heretofore or hereafter amended, and by other State law, for the investment of assets of domestic life insurance companies.

Section 11.6. Not to Limit Other Authority. Nothing in this Article shall be construed so as to prohibit the city from providing or continuing to provide Old Age and Survivors' Insurance, or Social Security coverage, for its officers and employees as the same may be authorized by Federal and State laws, either separately or in addition to the Fund authorized herein, or any other retirement or pension plan or fund authorized by general law or local act.

ARTICLE XII. STREET IMPROVEMENTS: ASSESSMENT OF COSTS

Section 12.1. Authority. In addition to any authority which is now or may hereafter be granted by general law to the city for making street improvements, the Board of Aldermen is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this Article.

Section 12.2. When Petition Unnecessary. The Board of Aldermen may order street improvements and assess the cost thereof, exclusive of the costs incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the finding by the board as a fact:

(a) That the street improvement project does not exceed three thousand lineal feet, and

(b) That such street or part thereof is unsafe for vehicular traffic and it is in the public interest to make such improvement, or

(d) 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 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 city's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.

Section 12.3. Street Improvement Defined. For the purposes of the preceding Section, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

Section 12.4. Assessment Procedure. In ordering street improvements without a petition and assessing the cost thereof under authority of this Article, the Board of Aldermen shall comply with the procedure provided by Article 9, Chapter 160 of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.

Section 12.5. Effect of Assessments. The effect of the act of levying assessments under authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.

ARTICLE XIII. SIDEWALKS

Section 13.1. Maintenance of Sidewalks. It shall be the duty of every property owner in the city to keep clean and free of debris, trash and other obstacles or impediments the sidewalks abutting his property.

ARTICLE XIV. REFUSE, WEEDS, AND TRASH

Section 14.1. Property Kept Free of Offensive Matter. It shall be the duty of every property owner in the city to keep his property free from noxious weeds, trash, and all other forms of offensive animal or vegetable matter or refuse which may be dangerous or prejudicial to the public health or which may constitute a public nuisance.

Section 14.2. Removal of Offensive Matter; Charges a Lien. The Board of Aldermen may by ordinance establish a procedure whereby city forces may clean, cut, and remove any weeds, trash, refuse or other offensive matter from any property upon failure of the owner or occupant after ten days' notice to do so. In such event, the cost of such cleaning, cutting and removal shall become a lien upon the particular property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the city or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs and penalties as provided by law for the foreclosure of the lien on real property for ad valorem taxes.

ARTICLE XV. SUBDIVISION CONTROL

Section 15.1. Platting Authority. The Board of Aldermen is hereby authorized to enact an ordinance regulating the platting and recording of any subdivision of land as defined by this Article lying within the city or within the mile in any direction of the corporate limits and not located in any other municipality. In the event of land lying outside the city within one mile of the corporate limits and lying also within the subdivision control jurisdiction of another municipality, the jurisdiction of the city shall terminate at a boundary line equidistant from the corporate limits of the city and the corporate limits of the other municipality.

Section 15.2. Adoption of Ordinance; Procedure. Before the board shall adopt a subdivision control ordinance or any amendment thereto, it shall hold a public hearing, notice of which shall be given once a week for two successive calendar weeks in a newspaper published within the city, or if no newspaper is so published, by posting such notice at four public places in the city. The notice shall be published the first time, or posted, not less than 15 nor more than 25 days prior to the date fixed for the hearing.

Section 15.3. If the board adopts an ordinance regulating the subdivision of land, no subdivision plat shall be filed or recorded until it shall have been submitted to and approved by the board and such approval entered in writing on the plat by the city clerk, provided a copy of such ordinance shall be filed with the Register of Deeds of Catawba County. The Register of Deeds upon receipt of such ordinance shall not thereafter file or record a plat of a subdivision of land located within the territorial jurisdiction of the city as herein defined without the approval of such plat by the board. The owner of land shown on a subdivision plat submitted for recording, or his authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the territorial jurisdiction of the city as herein defined. The Clerk of Superior Court of Catawba County shall not order or direct this recording of a plat where such recording would be in conflict with this Section.

Section 15.4. Subdivision Regulations. Prior to exercising the powers granted by this Article, the board shall by ordinance adopted pursuant to this Article adopt regulations governing the subdivision of land within its platting jurisdiction as defined in Section 15.1 of this Article. The ordinance shall require that at least a preliminary plea of every proposed subdivision shall be submitted for study, recommendation and tentative approval to the board or to the planning board or commission.

The ordinance may provide for the orderly development of the city and its environs; for the coordination of streets within proposed subdivisions with existing or planned streets or with other public facilities; for the dedication or reservations of rights-of-way or easements for street and utility purposes; and for the distribution of population and traffic which shall avoid congestion and over-crowding, and which shall create conditions essential to public health, safety, and general welfare.

The ordinance may include requirements for the final plat to show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformance with good surveying practice.

The ordinance may provide for the more orderly development of subdivisions by requiring the construction of community service facilities, including water lines; sewer lines, street paving, curbing and guttering, and street drainage facilities in accordance with policies and standards established by the board and, to assure compliance with such requirements, the ordinance may require the posting of bond or other such methods as shall offer guarantee of compliance.

Section 15.5. Effect of Plat Approval on Status of Dedications. The approval of a plat by the board shall not be deemed to constitute or effect the acceptance by the city or the public of the dedication of any street or other ground, public utility line, or other public facility shown upon the plat.

Section 15.6. Penalties for Transferring Lots in Unapproved Subdivision. If the board adopts an ordinance regulating the subdivision of land as authorized by this Article, any person, who, being the owner or agent of the owner of any land located within the platting jurisdiction of the city as defined by Section 15.1 of this Article, thereafter transfers or sells such land by reference to a plat showing a subdivision of such land before such plat has been approved by the board and recorded in the Register of Deeds' office, shall be guilty of a misdemeanor, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The city, through the city attorney or other official designated by the board, may enjoin such transfer or sale by action for injunction.

Section 15.7. Definitions. For purposes of this Article, a "subdivision" shall include all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, or building developments, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the regulations authorized by this Article: (a) The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as shown in its subdivision regulations; (b) The division of land into parcels greater than five acres where no street right-of-way dedication is involved; (c) The public acquisition by purchase of strips of land for the widening or opening of streets; (d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the city, as shown in its subdivision regulations.

ARTICLE XVI. CLAIMS AGAINST THE CITY

Section 16.1. Presentation of Claims; Suit Upon Claims.

(a) All claims or demands against the City of Newton arising in tort shall be presented to the Board of Aldermen in writing, signed by the claimant, his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within 30 days or after the expiration of 12 months from the time said claim or demand is so presented. Unless the claim or demand is so presented within 90 days after the cause of action accrues, and unless suit is brought within 12 months thereafter, any action thereon is barred.

(b) No action shall be instituted against the city on account of damages to or compensation for real property taken or used by the city for any public purpose or for the ejectment of the city therefrom, or to remove a cloud upon the title thereof, unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the Board of Aldermen of the claim, stating in the notice the date that the alleged use commenced, a description of the property alleged to have been used, and the amount of the damage or compensation claimed.

(c) Notwithstanding the provisions of subsections (a) and (b) of this Section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of his incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after termination of the incapacity, or within three years after the happening or the infliction of the injury complained of, whichever is the longer period. The city may at any time request the appointment of a next friend to represent any person having a potential claim against the city and known to be suffering from physical or mental incapacity.

Sec. 2. The purpose of this Act is to revise the Charter of the City of Newton and to consolidate herein certain Acts concerning the property, affairs, and government of the city. 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, nor in any manner to 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) Sections 104 through 131 of Chapter 39, Private Laws of 1907;

(b) Sections 4 and 5 of Chapter 240, Private Laws of 1911;

(d) Chapter 145, Private Laws of 1925;

(e) Chapter 65, Private Laws of 1933;

(f) Chapter 200, Private Laws of 1935;

(g) Chapter 512, Session Laws of 1951;

(h) Chapter 731, Session Laws of 1955;

(i) Chapter 716, Session Laws of 1961;

(j) Any other Acts concerning the property, affairs of government of public schools in the City of Newton;

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

Sec. 4. (a) The following Acts or portions of Acts, having served the purposes for which enacted, or having been consolidated into this Act, are hereby repealed:

(1) Chapter 247, Private Laws of 1854-55;

(2) Chapter 14, Private Laws of 1865-66;

(3) Chapter 48, Private Laws of 1858-59;

(4) Chapter 98, Private Laws of 1873-74;

(5) Chapter 113, Private Laws of 1889;

(6) Chapter 248, Private Laws of 1889;

(7) Chapter 362, Private Laws of 1893;

(8) Sections 1 through 103 and Sections 132 through 133 of Chapter 39, Private Laws of 1907;

(9) Sections 1 through 3 of Chapter 240, Private Laws of 1911;

(10) Chapter 158, Private Laws of 1915;

(11) Chapter 21, Private Laws of 1924 (Extra Session);

(12) Chapter 160, Private Laws of 1925;

(13) Chapter 96, Private Laws of 1929;

(14) Chapter 152, Private Laws of 1929;

(15) Chapter 195, Private Laws of 1929;

(16) Chapter 271, Public-Local Laws of 1937;

(17) Chapter 15, Public-Local Laws of 1939;

(18) Chapter 4, Private Laws of 1941;

(19) Chapter 209, Public-Local Laws of 1941;

(20) Chapter 90, Session Laws of 1949;

(21) Chapter 91, Session Laws of 1949;

(22) Chapter 92, Session Laws of 1949;

(23) Chapter 108, Session Laws of 1949;

(24) Chapter 774, Session Laws of 1949;

(25) Chapter 1266, Session Laws of 1949;

(26) Chapter 208, Session Laws of 1953;

(27) Chapter 525, Session Laws of 1953;

(28) Chapter 53, Session Laws of 1959;

(29) Chapter 293, Session Laws of 1959;

(30) Chapter 149, Session Laws of 1963.

(b) The following Acts, applying to more than one political subdivision, are hereby repealed in their application to the City of Newton:

(1) Chapter 465, Session Laws of 1943;

(2) Chapter 525, Session Laws of 1943;

(3) Chapter 1135, Session Laws of 1951.

Sec. 5. No provision of this Act is intended, nor shall be construed, to affect in any way any rights or interests (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 (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision 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. (a) All existing ordinances and resolutions of the City of Newton, and all existing rules or regulations of departments or agencies of the City of Newton, not inconsistent with the provisions of this Act, shall continue in full force and effect until repealed, modified or amended.

(b) 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 City of Newton or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

Sec. 8. Severability. If any provision of this Act or the application thereof to any person or circumstances 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. General Repeal. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 10. 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 29th day of March, 1967.