GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-62
AN ACT TO DELETE CERTAIN OBSOLETE PROVISIONS AND MAKE CERTAIN TECHNICAL AMENDMENTS IN THE CHARTER OF THE CITY OF HENDERSON AND TO AUTHORIZE ENTRY INTO AGREEMENTS.
The General Assembly of North Carolina enacts:
Section 1. Section 4 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967 as amended on June 22, 1981, by ordinance under G.S. 160A-101, reads as rewritten:
"Section 4. Elective Officers - Enumerated;
Conduct of Elections; Terms of Office, Vacancies. The elective officers
of the city shall consist of a mayor, who shall be elected on the first
Tuesday in May at the time prescribed by the General Statutes and
biennially thereafter, by the qualified voters of the whole city, and two
aldermen from each ward, whose term of office shall be two years. The
City shall be divided into four (4) electoral districts or wards and the seats
of the eight (8) City Aldermen shall be divided equally into four (4) 'ward
seats' and four (4) 'at large seats', one each of which shall be apportioned to
each of the electoral districts or wards (so that each Alderman with a 'ward
seat' shall represent approximately the same number of persons); the qualified
voters of each electoral district or ward shall vote for and elect candidates
to the respective 'ward seats'; candidates for the 'at large seats' shall
reside in and represent the districts according to the apportionment plan, but
all candidates for 'at large seats' shall be voted for and elected by all of
the qualified voters of the entire City. Except as otherwise herein
provided, such elections shall be in conformity with the general law of the
State governing municipal elections; and the term of office of such mayor and
aldermen shall commence at 4:00 o'clock in the afternoon on the first Monday
in June following their election. at the time prescribed by the General
Statutes. A vacancy shall exist when an elective officer shall fail,
without good cause, to qualify within 60 days after his election; shall die,
resign, remove from the city, absent himself without just cause continuously
for 60 days from the city; is convicted or submits to the charge of a felony,
is judicially declared a lunatic, or is removed for cause."
Section 2. Section 5 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 5. Same - Majority Vote Required for
Election; Effect of Failure to Get Majority Vote. Except as otherwise
provided, in all city elections, the candidate for each office receiving a
majority of all votes cast for such office shall be declared elected. In
the event no candidate for any particular office shall receive a majority of
the votes cast for such office, the candidate receiving the second highest
number of votes cast for such office shall be entitled to require that a second
election for such office be held between the two candidates receiving the
highest numbers of the votes cast for such office. If the second high
candidate desires a second election for such office, he shall file, in writing
with the city clerk not later than 12:00 noon on the first Friday following the
regular city election, a notice requesting that a second election be held.
If the city clerk shall receive a notice requesting a
second election for any office, and the candidate filing such notice is
entitled to a second election under the provisions of this Section, then the
city clerk shall call such election to be held on the third Tuesday in May, and
shall cause notice of such second election to be published at least once in a
newspaper having general circulation in the city.
In all second elections held under authority of this
section, the registration books used for the regular city election shall be
used, and no new or additional registration shall be necessary; and, the
election officials who conducted the regular city election shall conduct any
second election, unless otherwise provided by action of the city council.
In the event a candidate for any office is entitled, under
the provisions of this section to request a second election, and does not file
the required notice in proper time as herein provided, then the candidate who
received the highest number of votes cast for such office in the regular city
election shall be declared elected. City Elections. - Municipal
elections in the City of Henderson shall continue to be conducted pursuant to
the 'nonpartisan election and runoff election' method as described in the
General Statutes, and the General Statutes shall continue to govern the
registration of potential voters, the filing dates for candidates, the dates of
the election and runoff election, the procedures to be followed in municipal elections,
and the number of votes required before a candidate can call for a runoff or be
declared elected."
Section 3. Section 6 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, is repealed.
Section 4. Section 10 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 10. City Council - Power Generally;
Organization; Mayor Pro Tempore; Oath of Office. All legislative powers
of the city shall be vested in the city council and mayor. At the meeting
held on the first Monday in June, organizational meeting of the council
following each municipal election, or as soon thereafter as is practicable,
the city council shall elect from its members a mayor pro tempore who shall
hold his office during the pleasure of the city council.
The organization of the city council shall take place as provided in this Section notwithstanding the absence, death or refusal of one or more members to serve; provided, that at least a majority of the persons entitled to be members of the city council are present and take the prescribed oath of office. Any number entitled to take such oath who were not present at the time fixed therefor may take the oath at any time. The council shall be judge of the election and qualification of its members."
Section 5. Section 11 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 11. Duty to Elect Certain City Officers,
etc. The city council shall also elect at the meeting held pursuant to
Section 10, or as soon thereafter as is practicable, a city clerk, a city collector
of revenue, director of finance, a city treasurer, and a city
attorney, whose terms of office shall be provided for by ordinance, who
shall be subject to such regulations and receive such compensation as the city
council may determine, and shall hold their respective offices during the
pleasure of the city council. The city council shall have power to
appoint or remove department heads in conformity with Section 9(j)."
Section 6. Section 17 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, is repealed.
Section 7. Section 19 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 19. Salaries of Mayor and Councilmen. The
salary of the mayor shall be fixed by the city council at the meeting held
the first Monday in June, or as soon thereafter as is practical. The and
the salary of the city council shall be fixed by the city council to be
payable monthly. at the time it adopts the annual budget for the city."
Section 8. Section 22 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 22. City Collector of Revenue. Director
of Finance. At the first meeting of the city council held
on the first Monday in June, after its qualification, or as soon
thereafter as is practicable, the city council shall elect a city collector
of revenue Director of Finance who shall serve at the pleasure of
the city council and give bond in the amount in the amount of not less than
twenty-five thousand dollars ($25,000), as may be fixed by the city council for
the faithful performance of his duties and for a proper accounting of all funds
coming into his hands by virtue of his office, or coming into his possession in
connection therewith, for which he may be responsible, such bond to be renewed
annually by a new bond for such sum as may be determined by the city
council, and shall receive such compensation for his services as is fixed
by the city council.
The city council may combine the office of collector of
revenue Director of Finance with any other office or offices that it
sees fit, vesting in the person holding such combined offices the powers and
duties of each position."
Section 9. Section 23 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, is repealed.
Section 10. Section 27 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, as amended by Chapter 809 of the 1969 Session Laws, reads as rewritten:
"Section 27. City Council-Powers Enumerated. Enumerated
Generally. The city council shall continue under existing laws to
have power to make and provide for the execution of such ordinances for the
city as they may deem proper not inconsistent with the laws of the land, and
the city shall have all the powers granted to municipalities by the general
laws of the State as the same may now be or as hereafter enacted. In
addition to the powers now or hereafter granted to municipalities under the
general laws of the State, the city is specifically granted the following
powers.
(a) To adopt an ordinance requiring the owners of property abutting sidewalks to keep the sidewalks clear at all times of ice, snow, dirt and debris.
(b) To require
all railroad companies to maintain gates or watchmen at street crossings when
deemed necessary unless such railroad has installed proper and fully approved
automatic warning devices at such crossings as approved by the city council.
(c) To regulate
and control the location of railroad tracks and to require railway companies of
all kinds to construct at their own expense such bridges, underpasses,
turnouts, culverts, crossings and other things as the city council may find
necessary; to require by ordinance any railroad company to repair grade
crossings in such manner as deemed by the city council to be necessary to the
safety and convenience of the traveling public, and any ordinance adopted
hereunder shall contain provisions establishing adequate notice and hearing
procedures in accordance with due process of law.
(d)(b) To require that all property
owners provide adequate drainage facilities to the end that their premises be
kept free from standing water and permit the natural flow of water thereon to
be taken care of, and that in case of failure on the part of such owner or
owners, to provide the same, after due notice, to go upon their premises and
construct the necessary facilities and charge the cost thereof against such
premises so improved, such cost to constitute a lien upon such premises and be
collected as in the case of taxes.
(e)(c) To compromise suits for street and
sidewalk assessments when the validity or collectibility of any such assessment
is doubtful; provided, however, that no compromise settlement shall be made
unless it is recommended by the city attorney, and unless such compromise
settlement is approved by three-fourths vote of those present at the council
meeting that passes on the proposal.
(f)(d) The city council shall have
the power to adopt an ordinance designating the officers of the city who shall
be empowered to sign and countersign checks, drafts, warrants and vouchers for
payment on behalf of the city.
(g)(e) To discontinue water service for
non-payment of either water charges or sewer charges or any other sanitation
charge.
(h)(f) To appropriate funds
annually in its discretion, from any source of revenue other than funds derived
from ad valorem property taxation, for the purpose of obtaining or aiding and
encouraging the locating in or near the City of manufacturing, industrial,
business, and commercial plants and enterprises, the advertising of the
suitability of the City and the surrounding area and the advantages it has to
offer, and for such other purposes as will, in the opinion of the city council,
increase the population, taxable property values, and the general and material
welfare of the City and the surrounding area. Expenditures for the purpose
purposes herein authorized are hereby declared to be for a lawful
public purpose. Provided, however, that nothing herein shall prevent
the appropriation of funds derived from ad valorem property taxation for any
purpose so authorized by law.
(g) Upon receipt of a voluntary petition by any entity whose property is not subject to ad valorem property taxation under Part 1 or 4 of Article 4A of Chapter 160A of the General Statutes or any successor statutory provision, the city council may contract with that entity for that entity to pay for city utilities at different rates from those rates paid by other citizens or entities located within the city limits, provided that the different rates shall not become payable before the effective date of the annexation and shall not extend for more than five years from the effective date of the annexation.
(i)(h) The enumeration of
particular powers by this Charter shall not be deemed or held to be exclusive,
but in addition to the powers herein enumerated or implied, implied; the
city, either through the city council, or through such other officers as may by
law be provided, shall have and may exercise all other powers which under the
Constitution and laws of the State, may be granted to cities.
(j)(i) No liability shall
accrue to the city for the failure of the city or its officers and employees to
perform any duty or exercise any power above enumerated."
Section 11. Section 31 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 31. Power to Convey Real and Personal Property, etc. The city council shall have the power at all times to sell any and all personal property of the city at private sale, without resorting to public sale. The city shall have the power at all times to sell any real property belonging to the city after having advertised the same once a week for four consecutive weeks in a newspaper published in the county; provided that before any bid shall be deemed accepted or any sale made, or title passed by virtue of such sale, such sale shall be confirmed by the city council and the council may in its discretion, refuse confirmation, and when so authorized, a deed for such real estate may be executed by the mayor and attested by the city clerk, with the corporate seal of the city attached; provided, however, this shall not apply to plots in the cemetery except as to the manner of execution of the deed. In the sale of real estate the city is authorized to execute deeds in the usual form and containing full covenants of warranty. Provided, however, nothing in this section prevents the city from selling real or personal property in any manner authorized by the General Statutes."
Section 12. Section 37 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 37. Assessment Procedure. In
ordering street improvements without a petition and assessing the cost thereof,
unless otherwise provided by this Charter, the city council 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 13. Section 38 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 38. Effect. The effect of the act
of levying assessments under authority of Sections 35 through 37 shall for all
purposes be the same as if the assessments were levied under authority of Article
9, Chapter 160 of the General Statutes."
Section 14. Section 40 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 40. Enactment of Regulations. The city is authorized to adopt a building code, plumbing code, electrical code, zoning ordinance, subdivision ordinance, minimum housing code, laws authorizing abatement of nuisances under G.S. 160A-193 or any successor statute, condemnation of dilapidated structures ordinance, weeded lots ordinance, abandoned and junked motor vehicles ordinances, and mapped streets ordinance in accordance with Sections 45 through 50, and other similar regulatory codes not only for the area within the corporate limits as may be provided for in the General Statutes, but for any area within the city extraterritorial planning area as defined by Section 39."
Section 15. Section 42 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 42. Authority of Zoning Board of
Adjustment. The board of adjustment of the city, appointed pursuant to Section
160-178 of the General Statutes shall have the same power and authority
within the city extraterritorial planning area as defined by Section 39 outside
the corporate limits of the city as may now or hereafter be vested with such
board for the area inside the corporate limits, and such board shall be
constituted in accordance with the provisions of Section 160-181.2 of the
General Statutes."
Section 16. Section 43 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 43. Recording Subdivision Plat,
Etc. (a) Platting Authority. The board
of aldermen city council is hereby authorized to enact an ordinance
regulating the subdivision of land as defined by this Article within the city
or within the extraterritorial planning area and not located in any other
municipality. In the event of land lying outside the city within the
extraterritorial planning area 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, unless such municipalities
shall agree to writing upon a different boundary line based upon geographical
features and existing or projected patterns of development within the
area. The legislative body city council may, if it deems
wise, decline to exercise its regulatory powers over any part of its
extraterritorial jurisdiction which lies in another county, or which is
separated from the municipality or from the remainder of the area subject to
municipal jurisdiction by a river, inlet, sound, or other major physical
barrier to urban growth; such decision shall not affect the validity of any
subdivision regulations enacted for the remainder of the area over which the
municipality has extraterritorial jurisdiction.
(b) Adoption of
Ordinance; Procedure. Before the board city council 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 cityVance County,
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.
(c) Approval of
Subdivision Plats. If the board city council 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 appropriate
board designated for that ordinance 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 Vance 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 Vance County shall not order
or direct the recording of a plat where such recording would be in conflict
with this Section.
(d) Subdivision
Regulations. Prior to exercising the powers granted by this Article, the board
city council shall by ordinance adopted pursuant to this
Article adopt regulations governing the subdivision of land within its platting
jurisdiction as defined in paragraph (a) of this Section. The ordinance
shall require that at least a preliminary plan of every proposed subdivision
shall be submitted for a study, recommendation, and tentative approval to the appropriate
board or to the planning board or commission. designated in the
ordinance.
The ordinance may provide for the orderly development of the city and its environs; for the coordination of streets within proposed subdivision 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 overcrowding, 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 orderly development of
subdivisions by regulating 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 city council under authority granted in
Section 44 of this Charter and, to assure compliance with such requirements,
the ordinance may require the posting of bond or other such method as shall
offer guarantee of compliance.
Such ordinance may require that a plat be prepared, approved,
and recorded pursuant to its provisions whenever land is subdivided within its
jurisdiction, within the definition of 'subdivision' in G.S. 160-226.6. the
applicable provisions of the General Statutes.
(e) Effect of Plat
Approval on Status of Dedications. The approval of a plat by the board
of aldermen city council 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.
However, any municipal legislative body the city
council may by resolution accept any dedication made to the public of lands
or facilities for streets, parks, public utility lines or other public
purposes, where such lands or facilities are located within its
subdivision-regulation jurisdiction.
(f) Penalties for
Transferring Lots in Unapproved Subdivisions. If the board city
council adopts an ordinance regulating the subdivision of land as
authorized by this Section, 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 paragraph (a) of this Section, thereafter subdivides his land in
violation of such ordinance or transfers or sells such land by reference to or
by exhibition of or by other use of a plat showing a subdivision of such land
before such plat has been approved by the appropriate 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 city council, may enjoin such
transfer or sale by action for injunction. injunction or seek to
rescind the same.
(g) Definitions. For purposes of this Section, 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 development, 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 Section:
(1) 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;
(2) The division of land into parcels greater than 10 acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater than two areas 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."
Section 17. Section 44 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 44. Authority to Require Improvements to
Comply With City Specifications. In addition to the authority granted by G.S.
160-226.3, the applicable provisions of the General Statutes, the
city council is hereby authorized to provide for the more orderly development
of subdivisions in the extraterritorial area by including in its subdivision
regulation ordinance provisions requiring the following:
(a) that any streets proposed to be opened shall be graded and stabilized and adequate storm drainage facilities installed, all in accordance with city standards and specifications;
(b) that any streets proposed to be paved, and any curbs and gutters proposed to be constructed, shall be paved and constructed in accordance with city standards and specifications; and
(c) that any water or sewer lines proposed to be installed shall be installed and constructed in accordance with city standards and specifications."
Section 18. Section 47 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Section 47. Adoption of Official Map, Etc.
Following the preparation of plats as required by Section 46, the city council
may officially adopt a map or maps of planned new streets and highways,
extensions, widenings, narrowings, or vacations of streets within the city and
the extraterritorial area outside of its corporate boundaries.
Before taking any such action, the council shall hold a public hearing thereon,
notice of the time and place of which shall have been given once a week for two
successive weeks in a newspaper published in the cityVance County,
or if there be no newspaper published in the city, by posting such notice at
four public places in the city and at four public places within the affected area
outside of the corporate boundaries. Said notice shall be published or
posted for the first time not less than 15 days prior to the date fixed for
said hearing. Following adoption of such a map or maps, the council shall
certify a copy to the Register of Deeds of Vance County, which copy shall be
duly filed. The placing of any street or street line upon any official
map or maps shall not in and of itself constitute or be deemed to constitute
the opening or establishment of any street or the taking of or acceptance
of any land for street purposes."
Section 19. Section 52 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, is repealed.
Section 20. Section 53 of the Charter of the City of Henderson, being Chapter 780 of the Session Laws of 1967, reads as rewritten:
"Sec. 53. Procedure for Letting Contracts,
etc. All purchases and contracts made by the city council shall be made,
let, and executed according to the general laws of the State applicable
thereto, as the same may be now or hereafter be enacted; provide, however, that
contracts of the city involving more than one thousand dollars ($1000.00) twenty
thousand dollars ($20,000) shall be in writing and G.S. 160-279 the
applicable provisions of the General Statutes requiring contracts to be in
writing shall control and govern only contracts of the city in excess of one
thousand dollars ($1,000.00). twenty thousand dollars ($20,000)."
Section 21. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of May, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives