GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 519

SENATE BILL 564

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF HIGHLANDS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Charter of the Town of Highlands is revised and consolidated to read:

"THE CHARTER OF THE TOWN OF HIGHLANDS.

"ARTICLE I.  INCORPORATION, CORPORATE POWERS, AND BOUNDARIES.

"Section 1.1.  Incorporation.  The Town of Highlands, North Carolina, and the inhabitants thereof shall continue to be a municipal body politic and corporate, under the name of the 'Town of Highlands', also referred to as the 'Town'.

"Sec. 1.2.  Powers.  The Town has and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the Town of Highlands specifically by this Charter or upon municipal corporations by general law.  The term 'general law' is employed herein as defined in G.S. 160A-1.

"Sec. 1.3.  Corporate Limits.  The corporate limits are those existing at the time of ratification of this Charter, as set forth on the official map of the Town and as they may be altered from time to time in accordance with law.  An official map of the Town, showing the current boundaries, is maintained permanently in the office of the Town Clerk and is available for public inspection.  Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map shall be made and copies shall be filed in the office of the Secretary of State, the Macon or Jackson County Register of Deeds, and the appropriate board of elections.

"ARTICLE II.  GOVERNING BODY.

"Sec. 2.1.  Mayor and Board of Commissioners.  The Mayor and the Board of Commissioners, hereinafter referred to as the 'Board', comprises the governing body of the Town.

"Sec. 2.2.  Board of Commissioners; Composition; Terms of Office.  The Board is composed of five Commissioners elected by all the qualified voters of the Town for terms of two years or until their successors are elected and qualified.

"Sec. 2.3.  Mayor; Term of Office; Duties.  The Mayor is elected by all the qualified voters of the Town for a term of two years or until his or her successor is elected and qualified.  The Mayor is the official head of the Town government and presides at meetings of the Board; may vote only when there is an equal division on any question or matter before the Board; and shall exercise the powers and duties conferred by law or as directed by the Board.

"Sec. 2.4.  Mayor Pro Tempore.  The Board shall elect one of its members as Mayor Pro Tempore to perform the duties of the Mayor during the Mayor's absence or disability, in accordance with general law.  The Mayor Pro Tempore shall serve in such capacity until the organizational meeting following the next regular municipal election, despite the contrary provisions of G.S. 160A-70.

"Sec. 2.5.  Meetings.  In accordance with general law, the Board shall establish a suitable time and place for its regular meetings.  Special and emergency meetings may be held as provided by general law.

"Sec. 2.6.   Voting Requirements; Quorum.  Official actions of the Board and all votes shall be taken in accordance with the applicable provisions of general law, particularly G.S. 160A-75.  The quorum provisions of G.S. 160A-174 apply.

"Sec. 2.7.  Compensation; Qualifications for Office; Vacancies.  The compensation and qualifications of the Mayor and Board are as provided by general law.  Vacancies that occur in any elective office of the Town shall be filled by appointment as provided in G.S. 160A-63.

"ARTICLE III. ELECTIONS.

"Sec. 3.1.  Regular Municipal Elections.  Regular municipal elections shall be held in each odd-numbered year in accordance with the uniform municipal election laws of North Carolina.  Elections are conducted on a nonpartisan basis and the results determined using the nonpartisan plurality method as provided in G.S. 163-292.

"Sec. 3.2.  Election of Board of Commissioners.  The Commissioners serving on the date of ratification of this Charter shall serve until the expiration of their terms or until their successors are elected and qualified.

"Sec. 3.3.  Election of Mayor.  A Mayor shall be elected in each regular municipal election.

"Sec. 3.4.  Special Elections and Referendums.  Special elections and referendums may be held only as provided by general law or applicable local acts of the General Assembly.

"ARTICLE IV.  ORGANIZATION AND ADMINISTRATION.

"Sec. 4.1.  Form of Government.  The Town operates under the Mayor-Council form of government, in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes.

"Sec. 4.2.  Town Clerk.  The Board shall appoint a Town Clerk to keep a journal of the proceedings of the Board; to maintain official records and documents; to give notice of meetings; and to perform such other duties required by law or as the Board may direct.

"Sec. 4.3.  Tax Collector.  The Board shall appoint a Tax Collector pursuant to G.S. 105-349 to collect all taxes owed to the Town, subject to general law, this Charter and Town ordinances.

"Sec. 4.4.   Town Attorney.  The Board shall appoint a Town Attorney licensed to practice law in North Carolina.  It shall be the duty of the Town Attorney to represent the Town, advise Town officials, and perform other duties required by law or as the Board may direct.

"Sec. 4.5.  Other Administrative Officers and Employees. The Board may authorize other positions and may organize the Town government as deemed appropriate, subject to the requirements of general law.

"ARTICLE V. ADDITIONAL PROVISIONS.

"Sec. 5.1.  Alcoholic Beverages.  Alcoholic Beverage Control Stores shall operate within the Town of Highlands as provided in Chapter 611, Session Laws of 1977; Chapter 116, Session Laws of 1979; and Chapter 889, Session Laws of 1988.

"Sec. 5.2.  Scholarship Program.  The Town's scholarship program for graduates of Highlands High School shall continue to be administered as provided in Chapter 332, Session Laws of 1975.

"Sec. 5.3.  Tree Regulation.  The Town may adopt ordinances to regulate the removal of trees from public and commercially zoned private property within the Town in order to preserve, protect, and enhance one of the most valuable natural resources of the community and to protect the health, safety, and welfare of its citizens.

"Sec. 5.4.  Appropriations for Advertising.  The Town may appropriate from nontax funds a sum not exceeding two thousand dollars ($2,000) annually for the purpose of advertising the Town and promoting the tourist industry and other industries. The Town may pay portions of the appropriation to the Highlands Chamber of Commerce, The Hudson Library of Highlands, North Carolina, Incorporated, the Highlands-Cashiers Hospital, Inc., and the Highlands Cemetery Company, Inc.   Any ordinance or resolution appropriating municipal funds to the organizations named herein shall state the purpose or purposes for which the funds are to be spent, and they may be expended for no other purpose.  The Town shall require each organization receiving municipal funds pursuant to this section to account periodically for the expenditure of the funds."

Sec. 2.  The purpose of this act is to revise the Charter of the Town of Highlands and to consolidate 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 expressly consolidated into this act, so that all rights and liabilities which have accrued are preserved and may be enforced.

Sec. 3.  This act does not repeal or affect any acts concerning the property, affairs, or government of public schools, or acts validating official actions, proceedings, contracts, or obligations of any kind.

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

Chapter  56, Private Laws of 1883

Chapter 208, Private Laws of 1891

Chapter 156, Private Laws of 1901

Chapter  65, Private Laws of 1909

Chapter 134, Private Laws of 1913 (Extra Session)

Chapter  28, Private Laws of 1921

Chapter  37, Private Laws of 1931

Chapter 368, Public-Local Laws of 1939

Chapter 589, Session Laws of 1945

Chapter  45, Session Laws of 1947

Chapter 505, Session Laws of 1951

Chapter 696, Session Laws of 1957

Chapter 316, Session Laws of 1969

Chapter 756, Session Laws of 1979

Chapter 828, Session Laws of 1986 (Regular Session).

Sec. 5.  The Mayor and Commissioners serving on the date of ratification of this act shall serve until the expiration of their terms.  Thereafter those offices shall be filled as provided in Articles II and III of the Charter contained in Section 1 of this act.

Sec. 6.  This act does not affect any rights or interests which arose under any provisions repealed by this act.

Sec. 7.  All existing ordinances, resolutions, and other provisions of the Town of Highlands not inconsistent with the provisions of this act shall continue in effect until repealed or amended.

Sec. 8.  No action or proceeding pending on the effective date of this act by or against the Town or any of its departments or agencies is abated or otherwise affected by this act.

Sec. 9.  If any provision or application of this act 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. 10.  Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, superseded or recodified, 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 superseded or recodified.

Sec. 11.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 3rd day of July, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives