GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

SESSION LAW 2003-203

HOUSE BILL 680

AN ACT to revise and consolidate the charter of the town of granite quarry.

The General Assembly of North Carolina enacts:

SECTION 1.  The Charter of the Town of Granite Quarry is revised and consolidated to read:

"CHARTER OF THE TOWN OF GRANITE QUARRY.

"CHAPTER I.

"INCORPORATION AND CORPORATE POWERS.

"Section 1-1. Incorporation and Corporate Powers. The inhabitants of the Town of Granite Quarry are a body corporate and politic under the name "Town of Granite Quarry".  Under that name they have all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the general law of North Carolina.

"CHAPTER II.

"CORPORATE BOUNDARIES.

"Section 2-1. Town Boundaries. Until modified in accordance with law, the boundaries of the Town of Granite Quarry are as shown upon the official map showing the current town boundaries retained in the office of the Town Clerk.

"CHAPTER III.

"GOVERNING BODY.

"Section 3-1. Structure of Governing Body; Number of Members. The governing body of the Town of Granite Quarry is the Board of Aldermen, which has five members.

"Section 3-2. Manner of Electing Board. The qualified voters of the entire Town elect the members of the Board.

"Section 3-3. Terms of Office of Board Members. Members of the Board are elected to four-year terms. In 2003, and each four years thereafter, three members of the Board shall be elected. In 2005, and each four years thereafter, two members of the Board shall be elected.

"Section 3-4. Election of Mayor; Term of Office. At the organizational meeting of the Board following each election, the Board shall elect one of its members to serve as Mayor and one to serve as Mayor Pro Tempore. The Mayor and Mayor Pro Tempore shall serve at the pleasure of the Board.

"Section 3-5. Mayor to Vote in Case of Tie Vote Only. The Mayor shall not vote on any matter before the Board, except when there exists a tie vote among the other members of the Board.

"CHAPTER IV.

"ELECTIONS.

"Section 4-1. Conduct of Town Elections. Town officers shall be elected on a nonpartisan basis and the results determined by a plurality as provided in G.S. 163-292.

"CHAPTER V.

"ADMINISTRATION.

"Section 5-1. Town to Operate Under Mayor-Council Plan. The Town of Granite Quarry operates under the mayor-council plan as provided in Part 3 of Article 7 of Chapter 160A of the General Statutes."

SECTION 2.  The purpose of this act is to revise the Charter of the Town of Granite Quarry and to consolidate herein certain acts concerning the property, affairs, and government of the Town.

SECTION 3.  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:

Chapter 259, Private Laws of 1901

Chapter 43, Private Laws of 1905

Chapter 667, Session Laws of 1949

Chapter 14, Session Laws of 1957

Chapter 76, Session Laws of 1959.

SECTION 4.  No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

(1) 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.

(2)       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.

SECTION 5.  No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:

(1)       The repeal herein of any act repealing such law, or

(2)       Any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.

SECTION 6.  All existing ordinances and resolutions of the Town of Granite Quarry and all existing rules or regulations of departments or agencies of the Town of Granite Quarry not inconsistent with the provisions of this act shall continue in full force and effect until repealed, modified, or amended.

SECTION 7.  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 Town of Granite Quarry or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

SECTION 8.  If any part of this act or the application thereof to any person or circumstance is held to be 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.

SECTION 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 superceded, the reference shall be deemed amended to refer to the amended General Statute or to the General Statute which most nearly corresponds to the statutory provision which is repealed or superceded.

SECTION 10.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 17^th day of June, 2003.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives