NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 561

HOUSE BILL 693

 

AN ACT TO AMEND CHAPTER 1184 OF THE SESSION LAWS OF 1949, AS AMENDED, THE CHARTER OF THE CITY OF RALEIGH WITH RESPECT TO THE TOPICS OF: COUNCIL CAMPAIGN EXPENSES; CITY CLERK'S DUTIES; SOCIO-ECONOMIC PROGRAMS; ASSESSMENT EXEMPTIONS; EQUAL HOUSING; LANDLORD-TENANT RELATIONS; TRANSIT AUTHORITY; EMPLOYEE BENEFITS; BICYCLE LANES; ASSESSMENTS UPON ANNEXATION; AND SIDEWALK ASSESSMENTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section 34 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended by adding a sentence at the end of the first paragraph thereof, to appear as follows:

"Provided, however, that candidates' campaign expense reports required under Chapter 163 of General Statutes pursuant to this section shall be filed with the Clerk of Superior Court of Wake County."

Sec. 2. Section 56 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended to appear as follows:

"56. Same – Duties of city clerk. The city clerk shall act as clerk of the city council and it shall be his or her duty to attend each meeting of the city council and to keep the minutes and records of all the proceedings of the city council in well bound books provided for that purpose, and to preserve all books, papers and writings of all kinds submitted to his or her care during his or her continuance in office, and deliver them to his or her successor; the city clerk shall be custodian of all written claims and demands made upon the city arising out of tort actions; the city clerk shall be the custodian of all signed petitions with reference to public improvements, condemnation proceedings and all contracts made and entered into by the city and of all notices and affidavits of publishers with reference to publication of ordinances, budgets, or other legal advertisements required to be made by the city; the city clerk shall be the custodian of the official corporate seal of the City of Raleigh and shall attest and affix said official seal to all documents or instruments of the city required to be so attested and sealed; he or she shall be custodian of all bonds required by ordinance, contract or by law to be executed and deposited with the city; he or she shall be the custodian of all deeds or conveyances of all types made to the city, and it shall be his or her duty to file with the Register of Deeds of Wake County for the purpose of being recorded in the Registry of Wake County; and the city clerk shall account and pay over all moneys which may come into his or her hands by virtue of his or her office; and the city clerk shall perform such other duties as may be required by law or by the city council."

Sec. 3. Section 22(70) of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended to appear as follows:

"(70)   Engage in socio-economic programs. (a)  Subject to the conditions hereinafter set forth, the City of Raleigh, through its governing body, shall have the power to undertake, endorse, administer, operate and maintain and to expend federal tax revenues returned to the city under the designation of general or special revenue sharing funds, or any other title, and consistently with the terms under which such funds are returned, and all other public funds with the exception set forth in subparagraph (e) below, for 'socio-economic public improvement programs' and 'crime prevention programs,' including but not being limited to those initiated pursuant to the provisions of the Federal Economic Opportunity Act (42 U.S.C. Subsection 2701 et seq.) for the purpose of serving the public interest and well-being of the community and its citizens.

(b)       The city council may appoint or create such agencies, committees or boards as it may deem necessary in carrying out such programs and may authorize their employment of personnel. In undertaking and engaging in such programs, the city council may enter into contracts with and accept grants from appropriate branches of the State and federal governments and from public or private corporations, foundations and individuals, and is authorized to make grants to, or to contract with, appropriate public or private nonprofit agencies or combinations thereof, to pay part of or all of the costs of programs conducted by such agencies which assist in fulfilling the purposes of this section.

(c)       For the purposes of this section, a 'social, economic public self-improvement program' shall be defined as one devoted to and designed toward improving and promoting the general well-being of certain classes of citizens, without regard to race, religion, sex or national origin, in their human and economic relationship with society and which provides services, assistance, and other activities of sufficient scope and size to give promise of progress toward elimination of poverty or a cause or causes of poverty through developing employment opportunities, improving human performance, motivation, and productivity, or bettering the conditions under which people live, learn, and work; including but not limited to programs:

(1)       to promote development of community facilities and services,

(2)       to promote consumer education,

(3)       to assist all participants to secure and retain meaningful employment,

(4)       to assist all participants to attain an adequate education,

(5)       to assist participants in making better use of available income

(6)       to provide and maintain adequate housing and a suitable living environment,

(7)       to promote family planning, consistent with personal and family goals, religious and moral convictions.

(8)       to provide assistance to citizens through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance,

(9)       to remove obstacles and solve personal and family problems which block the achievement of self-sufficiency,

(10)     designed to assist participants to achieve greater participation in the affairs of the community,

(11)     designed to assist participants in making more frequent and effective use of other programs related to the purposes of this Article.

For the purposes of this section, a 'crime prevention program' shall mean any type of citizen participation program primarily designed as a deterrent to crime and for the purpose of reducing the level and the magnitude of crime in the city; any such program shall be coordinated with the general efforts of the law enforcement agency of the City of Raleigh to minimize the occurrences of crime in the community

(d)       The powers expressed herein are not intended to nor shall they encroach in any manner upon the powers, duties and responsibilities of Wake County in any health, social, educational or welfare programs being administered by said county.

(e)       Property tax revenues may be expended for 'social-economic public improvement programs' and 'crime prevention programs' as defined in this section if approved by a majority of the qualified voters as required by Article V, Section 2 of the North Carolina Constitution."

Sec. 4. Section 22 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended by adding a new subsection thereto, designated (71) and to appear as follows:

"(71)   To establish schedules of exemptions from special assessments for lots at the intersection of streets or other lots which would be assessed for a duplicating service when a project is or has been undertaken along or across two sides of such lots. The schedules of exemptions may be based on categories of land use (residential, commercial, industrial or agricultural) and shall be uniform for each category. The schedule of exemptions may not provide exemption of more than seventy-five percent (75%) of the frontage of any lot abutting on the project, or 150 feet, whichever is greater."

Sec. 5. Section 22 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended by adding a new subsection, designated (72) and to appear as follows:

"(72)   Equal housing. To adopt ordinances designed to insure that housing opportunities in the City of Raleigh shall be equally available to all persons without regard to race, color, religion, sex or national origin. Such ordinances may regulate or prohibit any act, practice, activity or procedure related directly or indirectly to the sale or rental of public or private housing which affects or may tend to affect the availability or desirability of housing on an equal basis to all persons. Such ordinances may provide that violations constitute a criminal offense; may subject the offender to civil penalties; may provide that the city may enforce the ordinances by application to the General Court of Justice for appropriate equitable remedies, including mandatory and prohibitory injunctions and orders of abatement."

Sec. 6. Section 22 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended by adding a new subsection thereto, designated (74) and to appear as follows:

"(74)   Establishment of transit authority. (a)  To establish, by ordinance, a Raleigh Transit Authority (hereinafter referred to as the 'authority'), a body corporate and politic, which shall consist of no less than five nor more than 11 members, to exercise and to have all or any combination of powers and duties, as determined by the Raleigh City Council, conferred by this act or by General Statutes upon municipal corporations relating to acquisition, establishment, operation, maintenance, control, and financing of transit systems. The City Council of the City of Raleigh is hereby authorized to exercise all powers and duties conferred by this act or by General Statutes relating to acquisition, establishment, operation, maintenance, control, and financing of transit systems.

(b)       Members of the Raleigh Transit Authority shall reside within the area comprised of the corporate limits and the extraterritorial zoning jurisdiction of the City of Raleigh, as such area now exists or as it may change in accordance with with law. The chairman and membership of the authority shall be appointed by the City Council of the City of Raleigh for such terms as the city council may determine. The membership of the authority shall elect a vice-chairman and whatever other officers it deems appropriate from its membership.

A majority of the membership of the authority shall constitute a quorum for the transaction of business and an affirmative vote of the majority of the members present at a meeting shall be required to constitute action of the authority. Members of the authority shall receive such compensation, if any, as may be fixed by the City Council of the City of Raleigh.

(c)       The purpose of the authority shall be to provide for a safe, adequate, and convenient public transportation system for the City of Raleigh and its environs.

(d)       The general powers of the authority shall be:

(1)       To sue and be sued.

(2)       To have a seal.

(3)       To purchase, acquire, hold, own, control, and lease real and personal property, and to surrender to the City of Raleigh by appropriate instrument any property no longer required by the authority.

(4)       To make or enter into, contracts, agreements, leases, conveyances or other instruments, including grants, contracts and agreements with the State of North Carolina and the United States.

(5)       With the approval of the city manager, to use officers, employees, agents and facilities of the City of Raleigh on such basis as may be agreed upon.

(6)       To contract with private management companies for operation of a transit system.

(7)       To establish rates, fares, and schedules for operation of a transit system.

(8)       To do all things necessary or convenient to carry out its purpose and for the exercise of the powers granted herein, consistent with the ordinance or ordinances adopted by the Raleigh City Council for its establishment and operation, and consistent with this act.

(e)       The authority shall be fiscally accountable to the City of Raleigh and the city council and the city finance director shall have authority to examine all records and accounts of the authority at any time.

(f)        The establishment and operation of an authority as herein authorized as a governmental function and a public purpose and the City of Raleigh is hereby authorized to appropriate funds to support the establishment and operation of the authority. The City of Raleigh may also dedicate, sell, convey, donate or lease any of its interest in any property to the authority.

(g)       The City Council of the City of Raleigh shall have authority to terminate the existence of the authority at any time. In the event of such termination, all property and assets of the authority shall automatically become the property of the City of Raleigh and the City of Raleigh shall succeed to all rights, obligations and liabilities of the authority."

Provided, insofar as the provisions of this section are not consistent of any other section or law, public or private, the provisions of this section shall be controlling.

Sec. 7. Section 22 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended by adding a new subsection thereto, designated (75) and to appear as follows:

"To credit a new employee with accumulated sick leave and vacation leave earned with another municipality of this State, North Carolina State Government, or the federal government (including military service), provided such new employee's last prior employment was with such named governmental entity."

Sec. 8. Section 22 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended by adding a new subsection thereto, designated (76) and to appear as follows:

"(76)   To develop and adopt regulations concerning the use of bicycles within the city limits and the establishment of bikeways (thoroughfares suitable for bicycles) on city streets which may exist within the right-of-way of other modes of transportation, such as highways, or along separate and independent corridors. Such regulations may include the establishment of traffic regulations for bicycles traveling on designated bikeways different than those established for other types of vehicular traffic including the establishment of two-way bicycle traffic lanes on existing roadways. The City of Raleigh shall not establish bikeways or adopt traffic regulations concerning bicycle traffic on streets or highways under the authority and control of the Board of Transportation without first obtaining approval of any such proposals from said board."

Sec. 9. Section 89 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina as amended is hereby further amended to appear as follows:

"Sec. 89. City owned utilities; establishment and operation of water, sewer and other utility systems. The city shall have the power to acquire, provide, construct, establish, own, maintain and operate its own light and waterworks system and sewerage system, and to furnish water, light and sewerage service to the citizens and residents of the city; and to furnish such services or any of them to any person, firm, or corporation outside the corporate limits, where any such service is available, upon such terms and conditions as may be prescribed by the city council, in its discretion; and the city council shall have full and complete control, supervision and management of said public utility systems and each of them. The city is authorized to make special assessments following the procedures provided by the General Statutes against benefited property within its corporate limits for constructing, reconstructing, extending and otherwise building or improving water lines and sanitary sewer lines. The city shall not be under any legal obligation to extend or render any services to anyone outside the corporate limits, except as may be required by contract lawfully made by the city. Upon annexation of any area to its corporate limits, the city is authorized to make special assessments against benefited property for water lines and sanitary sewer lines which were extended to said area at any time prior to its annexation. The city shall not in any case be liable to any person, firm or corporation, resident or nonresident, for damages for a failure to furnish a sufficient supply or particular quality of either water, sewer service, or light for any purpose. The city council shall have the power to adopt such rules and regulations as may be considered necessary or expedient, in the discretion of the city council, to provide for the protection, maintenance, management and operation of such systems of the city, and may appoint special officers to enforce the ordinances, rules and regulations of the City of Raleigh, the laws of the State of North Carolina, and the applicable rules and regulations of the State Board of Health. Such special officers shall be vested with the authority of peace officers within, but only within, the area to which they are assigned."

Sec. 10. Subsection (c) of Section 105 of the Raleigh City Charter, Chapter 1184 of the 1949 Session Laws of North Carolina, as amended, is hereby further amended to appear as follows:

"(c)      Sidewalk on one side of street. If a sidewalk is constructed on only one side of the street, the cost thereof may be assessed against the property abutting on both sides of the street, unless there already exists a sidewalk on the other side of the street, the total cost of which was assessed against the abutting property."

Sec. 11. Except as provided herein, all laws and clauses of laws in conflict herewith are hereby repealed.

Sec. 12. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1975.