NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 342

HOUSE BILL 785

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF DALLAS AND TO REPEAL PRIOR LOCAL ACTS.

 

The General Assembly of North Carolina enacts:

 

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

"THE CHARTER OF THE TOWN OF DALLAS.

"Article I.

"Incorporation, Corporate Powers and Boundaries.

"Section 1.1. Incorporation. The Town of Dallas, North Carolina in the County of Gaston, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the 'Town of Dallas' (hereinafter at times referred to as the 'Town').

"Section 1.2. Powers. The Town of Dallas shall have and may exercise all of the powers, duties, rights, privileges and immunities which are now or hereafter may be conferred, either expressly or by implication, upon the Town specifically or upon municipal corporations generally by this Charter, by the State Constitution, or by general or local law.

"Section 1.3. Corporate limits. The corporate limits of the Town shall be those existing at the time of ratification of this Charter, as the same are set forth on the official map of the Town, and as the same may be altered from time to time in accordance with law. An official map of the Town, showing the current Town boundaries, shall be maintained permanently in the office of the Town Clerk, and shall be available for public inspection. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map of the Town shall be made.

"Article II.

"Mayor and Board of Aldermen.

"Section 2.1. Governing body. The Mayor and Board of Aldermen, elected and constituted as herein set forth, shall be the governing body of the Town. On behalf of the Town, and in conformity with applicable laws, the Mayor and Board may provide for the exercise of all municipal powers, and shall be charged with the general government of the Town.

"Section 2.2. Selection of the Mayor; Term of office; Duties. The Mayor shall be elected by the qualified voters of the Town for a term of two years, in the manner provided by Article III of this Charter. The Mayor shall be the official head of the Town government, and shall preside at all meetings of the Board of Aldermen. The Mayor shall have the right to vote on matters before the Board only where there is an equal number of votes in the affirmative and in the negative.

"Section 2.3. Mayor pro tempore. In accordance with applicable State laws, the Board of Aldermen shall appoint one of its members to act as Mayor pro tempore to 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 2.4. Board of Aldermen; Composition; Terms of Office. The Board of Aldermen shall be composed of five members, each of whom shall be elected for a term of two years in the manner provided by Article III of this Charter; provided that they shall serve until their successors are elected and qualified.

"Article III.

"Elections.

"Section 3.1. Regular municipal elections; Conduct. Regular municipal elections shall be held in the Town every two years in odd-numbered years, and shall be conducted in accordance with the uniform municipal election laws of North Carolina.

"Section 3.2. Method of election; Officers elected at large. The Mayor and members of the Board of Aldermen shall be elected according to the nonpartisan plurality method of election, as provided in G.S. 163-292. The Mayor and members of the Board shall be elected by all the qualified voters of the Town.

"Article IV.

"Organization and Administration.

"Section 4.1. Form of government; Authority over employees. The Town shall operate under the mayor-council form of government, in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes. The Board of Aldermen shall have the authority to appoint and remove all employees. The Board may delegate to a department head the authority to suspend an employee, but final action on any suspension shall be taken by the Board.

"Section 4.2. Town attorney. The Board of Aldermen shall appoint a Town Attorney who shall be licensed to engage in the practice of law in the State of North Carolina. It shall be the duty of the Town Attorney to prosecute and defend suits brought by and against the Town; to advise the Mayor, Board of Aldermen and other Town officials with respect to the affairs of the Town; to draft legal documents relating to the affairs of the Town; to inspect and pass upon agreements, contracts, franchises and other instruments with which the Town may be concerned; to attend meetings of the Board of Aldermen; and to perform other duties required by law or as the Board may direct.

"Section 4.3. Town Clerk. The Board of Aldermen shall appoint a Town Clerk to keep a journal of the proceedings of the Board, to maintain in a safe place all records and documents pertaining to the affairs of the Town, and to perform such other duties as may be required by law or as the Board may direct.

"Section 4.4. Town Tax Collector. The Board of Aldermen shall appoint a Town Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the Town, subject to the General Statutes, the provisions of this Charter and the ordinances of the Town. The Town Tax Collector shall diligently comply with and enforce all the laws of North Carolina relating to the collection of taxes by municipalities.

"Section 4.5. Other administrative officers and employees. Consistent with applicable State laws, the Board of Aldermen may establish other positions, appoint other administrative officers and employees, and generally organize the Town government in order to promote the orderly and efficient administration of the affairs of the Town."

Sec. 2. The purpose of this act is to revise the Charter of the Town of Dallas and to consolidate herein certain acts concerning the property, affairs, and government of the Town. 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, or in any manner 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)       Any acts concerning the property, affairs, or government of public schools in the Town of Dallas.

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

Sec. 4. The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act are hereby repealed:

Laws of N.C. 1862-63, Ch. 44 (Private)

Private Laws of 1869-70, Ch. 107

Private Laws of 1874-75, Ch. 14

Private Laws of 1976-77, Ch. 9

Private Laws of 1901, Ch. 65

Private Laws of 1905, Ch. 273

Private Laws of 1913, Ch. 343

Private Laws of 1913, Ch. 351

Private Laws of 1915, Ch. 119

Private Laws of 1933, Ch. 49

Session Laws of 1949, Ch. 777

Session Laws of 1951, Ch. 963

Session Laws of 1955, Ch. 204

Session Laws of 1957, Ch. 70

Session Laws of 1957, Ch. 283

Session Laws of 1957, Ch. 850

Session Laws of 1961, Ch. 183

Session Laws of 1961, Ch. 504

Session Laws of 1963, Ch. 161

Session Laws of 1963, Ch. 900

Session Laws of 1963, Ch. 977

Session Laws of 1965, Ch. 100

Session Laws of 1965, Ch. 776

Session laws of 1967, Ch. 612

Session Laws of 1973, Ch. 26

Session Laws of 1975, Ch. 695

Sec. 5. No provision of this act is intended, nor shall be construed, to affect in any way any right or interest (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 pursuant to or within the scope of any provisions 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 provisions of this act that disclaim an intention to repeal or affect enumerated or designated laws.

Sec. 7. (a)  All existing ordinances and resolutions of the Town of Dallas and all existing rules or regulations of departments or agencies of the Town, 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) ending at the effective date of this act by or against the Town of Dallas or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Sec. 8. If any 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. Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statute, or to the General Statute which most clearly corresponds to the statutory provision which is repealed or superseded.

Sec. 10. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 11. This act is effective upon its ratification.

In the General Assembly read three times and ratified, this the 11th day of April, 1979.