S.L. 1959-669

NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 669

HOUSE BILL 731

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF SPRAY, NORTH CAROLINA.

The General Assembly of North Carolina do enact:

CORPORATE POWERS

Section 1. Incorporation and Corporate Powers. The inhabitants of the Town of Spray, North Carolina, within the boundaries as established in Section three of this charter or as hereafter established in the manner provided by law, shall continue to be a body politic and corporate by name of the Town of Spray, and under that name shall have perpetual succession; may use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for any municipal purpose, in fee simple or lesser interest or estate, by purchase, gift, devise, lease, or condemnation and may sell, lease, hold, manage, and control such property as its interests may require; and, except as prohibited by the Constitution of North Carolina, or restricted by this charter, the Town of Spray shall have and may exercise all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. The following shall be deemed to be a part of the powers conferred upon the Town of Spray by this Section:

(1) To levy, assess and collect taxes and to borrow money within the limits prescribed by general law; and to levy and collect special assessments for benefits conferred.

(2) To furnish all local public services; to purchase, hire, construct, own, maintain and operate or lease local public utilities; to acquire, by condemnation or otherwise within or without the corporate limits, property necessary for any such purposes, subject to restrictions imposed by general law for the protection of other communities; and to grant local public utility franchises and regulate the exercise thereof.

(3) To make local public improvements and to acquire, by condemnation, or otherwise, property within or without its corporate limits necessary for such improvements; and also to acquire excess over that need for any such improvements, and to sell or lease such excess property with restrictions, in order to protect and preserve the improvement.

(4) To adopt and enforce within its limits local police, sanitary and other similar regulations not in conflict with general laws.

Except as otherwise provided in this Act the Board of Commissioners shall have authority to determine by whom and in what manner the powers granted by this Section shall be exercised.

Sec. 2. Enumerated Powers Not Exclusive. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the Town of Spray shall have, and may exercise, all powers which, under the Constitution of North Carolina it would be competent for this charter specifically to enumerate. All powers of the town, whether expressed or implied, shall be exercised in the manner prescribed by this charter, or, if not prescribed therein, then in the manner provided by ordinance or resolution of the board of commissioners.

Sec. 3. Corporate Limits. The corporate limits of the Town of Spray shall be as follows:

Beginning at a point at the intersection of the present Leaksville city limit line with the present Spray Sanitary District line, said point being at the angle point formed by the intersection of the present Leaksville city limit line as it parallels Highland Drive 400 feet eastwardly therefrom, and said point being also 800 feet, more or less, in a northwardly direction from a concrete monument in the present Leaksville city limit line, said monument being about 400 feet eastwardly from Highland Drive in line with "A" Street projected eastwardly; and running thence from herein described beginning point in a northwestwardly direction with the present Leaksville city limit line 1500 feet, more or less, and crossing the Danville & Western Railway track to a concrete monument in the West line of Chestnut Street; thence continuing with the present Leaksville city limit line in a southwestwardly direction along Chestnut Street 350 feet, more or less, to a point; thence continuing with the present Leaksville city limit line in a northwestwardly direction and about parallel with Hollingsworth Street and being about 200 feet southwestwardly from the center line of said street, and crossing Church Street 4200 feet, more or less, to a point, said point being about 250 feet eastwardly from the center line of Hamilton Street and about in line with the southern margin of Fourth Street projected eastwardly, and running thence northwardly parallel with Hamilton Street and 250 feet eastwardly from the center line of said street about 2900 feet to the center line of Kendall Street; thence with the center line of said street in a westwardly direction about 100 feet to a point in Kendall Street, said point being about 150 feet eastwardly from the center line of Hamilton Street and running thence in a northwardly direction and parallel with the center line of Hamilton Street at a distance of 150 feet therefrom, crossing Morgan Ford Road, 3800 feet, more or less, to a point in the present Spray Sanitary District line, said point being 300 feet, more or less, in a northern direction from the center line of Morgan Ford Road, and continuing with the present Spray Sanitary District line about North 45 degrees East 200 feet, more or less, to a point; thence southeasterly and paralleling Morgan Ford Road (and being 420 feet from the center line of same) 2000 feet, more or less, to a point in line with the Mineral Spring Branch; thence with said branch as it runs to Smith River and crossing said river to the northeast bank 1500 feet, more or less, to a point; thence down along the North bank of said river in an eastwardly direction 2500 feet, more or less, to an ash tree (old Strong corner) near the northeast bank of Smith River; thence northeastwardly about 360 feet to an iron pipe, corner of old Bateman (now North Spray Subdivision) tract; thence North 14 degrees 54 minutes East 1468.5 feet to a white oak; thence North 87 degrees 37 minutes East with line of North Spray Subdivision, 471.4 feet; thence South 19 degrees East 643 feet with said subdivision; thence South 23 degrees 30 minutes West 856 feet with said subdivision; thence North 81 degrees 09 minutes East about 300 feet to a point in the present Spray Sanitary District line, said point being 600 feet, more or less, in a westwardly direction from Summit Road, running thence approximately parallel with Summit Road about North 52 degrees East 1600 feet, more or less, to a point; thence about South 78 degrees East 750 feet, more or less, to a point; thence about North 82 degrees East 450 feet, more or less, to a point; thence about North 55 degrees East 400 feet, more or less, to a point; thence about South 35 degrees East crossing N. C. Highway #107, at approximately 425 feet and at a point approximately 400 feet northeast of the intersection of Summit Road and Cascade Road and running a total distance on same bearing of 850 feet, more or less, to a point approximately 425 feet southeast from the center line of N. C. Highway #107, and running thence approximately parallel with Cascade Road and 400 feet eastwardly therefrom, about South 55 degrees West 200 feet, more or less, to a point; thence about South 42 degrees West 1300 feet, more or less, to a point; thence South 22 degrees West 750 feet, more or less, to a point, thence about South 10 degrees West 2000 feet, more or less, to the southern edge of the right of way of the Danville and Western Railway, said point being approximately 400 feet eastwardly from the intersection of the old D. F. King and Spray Water Power and Land Company line with said Danville and Western Railway; thence with the southern edge of said right of way in a westwardly direction approximately 2500 feet to a point in the present Spray Sanitary District line on East side of Smith River, located near the trestle (D & W) crossing Smith River and 30 feet East of the high water line of said Smith River; thence down East side of Smith River and 30 feet eastwardly from its high water line, passing under highway bridge on N. C. Route #700, and continuing to a point, the said point being North 78 degrees 20 minutes East approximately 1050 feet from the angle point in the Leaksville corporate line produced by the angle of Highland Drive; thence South 78 degrees 20 minutes West approximately 1050 feet, cross Smith River to said angle point in Leaksville corporate line, the point of beginning."

BOARD OF COMMISSIONERS

Sec. 4. Creation, Salary, and Composition of Mayor and Board of Commissioners. Except as otherwise provided in this charter all powers of the town shall be vested in a board of commissioners of five members and a mayor nominated and elected from the town at large in the manner hereinafter provided. The term of office of the mayor and the board of commissioners shall be for two years and until their successors are elected and qualified. If a vacancy occurs in the office of mayor or commissioners, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the board of commissioners. Each member of the board of commissioners shall receive a salary the amount of which shall be prescribed by ordinance. No ordinance fixing or changing the salary of members of the board of commissioners shall become effective during the current term of office of members of the board of commissioners enacting such ordinance. Members of the board of commissioners shall be qualified electors of the town. A member of the board of commissioners ceasing to possess any of the qualifications specified in this Section, or convicted of crime while in office, shall immediately forfeit his office. Any seat on the board of commissioners which becomes vacant shall be filled by appointment of a qualified voter within the town, to be selected by a majority vote of the remaining members of the board of commissioners.

Sec. 5. Powers and Duties. All the legislative powers of the Town of Spray shall be exercised by the board. Every member of the board shall have the right to vote on any question coming before it. A majority shall constitute a quorum and a majority vote of all members present shall be necessary to adopt any motion, resolution or ordinance.

The board of commissioners shall from time to time establish rules for its proceedings. Regular and special meetings shall be held at a time and place fixed by ordinance or resolution. All legislative sessions shall be open to the public, and every matter put to a vote shall be duly recorded. A full and accurate journal of the proceedings shall be kept, and shall be open to the inspection of any qualified voter of the town.

Sec. 6. Mayor and Mayor Pro Tem. At its first meeting following a regular municipal election the board of commissioners shall choose one of its members as vice chairman, who shall act as mayor pro tem. The mayor shall preside at meetings of the board of commissioners and shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by the general laws of North Carolina, by this charter and the ordinances of the town. He shall be recognized as the head of the town government for all ceremonial purposes, by the courts for serving civil processes, and by the governor for purposes of military law. In time of public danger or emergency the mayor shall, if so authorized and directed by vote of the board of commissioners, take command of the police, maintain order and enforce the law. In case of the absence or disability of the mayor, the mayor pro tem shall act as mayor during the continuance of the absence or disability.

Sec. 7. Board of Commissioners Rules. The board of commissioners shall be the judge of the election and qualifications of its members and the mayor, and in such cases shall have power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the decision of the board of commissioners in any such case shall be subject to review by the courts. The board of commissioners shall determine its own rules and order of business and keep a journal of its proceedings.

Sec. 8. Introduction and Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced in the board of commissioners only in written or printed form. All ordinances, except ordinances making appropriations and ordinances codifying or rearranging existing ordinances or enacting a code of ordinances, shall be confined to one subject, and the subject, or subjects, or all ordinances shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the board of commissioners. The enacting clause of all ordinances shall be: "Be it ordained by the Town of Spray."

Sec. 9. When Ordinances and Resolutions Take Effect; Emergency Measures. Ordinances making the annual tax levy, appropriation ordinances, ordinances and resolutions pertaining to local improvements and assessments, ordinances and resolutions providing for or directing any investigation of town affairs, resolutions requesting information from administrative officers or directing administrative action, and emergency measures shall take effect at the time indicated therein. Except as otherwise prescribed in this charter, all other ordinances and resolutions passed by the board of commissioners shall take effect at the time indicated therein, but not less than 30 days from the date of passage. An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health, or safety, in which the emergency claimed is set forth and defined in a preamble thereto. The affirmative vote of at least 4 members of the board of commissioners shall be required to pass any ordinance or resolution as an emergency measure. No measure making or amending a grant, renewal, or extension of a franchise or other special privilege shall ever be passed as an emergency by the board of commissioners except as defined in this Section, and it is the intention of this charter that such definition shall be strictly construed by the courts.

Sec. 10. Authentication and Publication of Ordinances and Resolutions. Upon its final passage each ordinance or resolution shall be authenticated by the signature of the mayor and the town clerk and shall be recorded in a book kept for that purpose. Within 10 days after final passage a notice of such ordinance shall be published or posted at least once in such manner as the board of commissioners may prescribe by ordinance.

NOMINATIONS AND ELECTIONS

Sec. 11. Municipal Elections. The regular election for the choice of mayor and members of the board of commissioners shall be held on Tuesday following the first Monday in May in odd-numbered years. The board of commissioners may by resolution order a special election, fix the time for holding the same and provide all means for holding such special election.

Sec. 12. Regulations of Elections. The board of commissioners shall make all needful rules and regulations not inconsistent with this charter, for the conduct of elections, for the prevention of frauds, and for the establishing of a polling place or places, and for the appointment of judges and registrars.

Sec. 13. Nominations. Any qualified elector of the town may be nominated for mayor or the board of commissioners by petition of any 5 electors of the town who shall be designated as his sponsors. No elector shall sign more than 1 such petition, and should an elector do so, his signature shall be void as to the petition or petition last filed. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the same. Nomination petitions shall be filed with the town clerk not earlier than 90 days nor later than 30 days before the election and shall be the following form:

"We, the undersigned 5 electors of the Town of Spray hereby nominate and sponsor _________________________, whose residence is _________________ for the office of _______________ to be voted for at the election to be held on the _________ day of __________, and we individually certify that we are qualified to vote for a candidate for _________________ and that we have not signed any other nominating petition therefore.

Name ___________________________ Street and Number _____________________

ACCEPTANCE OF NOMINATION

I hereby accept the nomination for __________________ and agree to serve if elected.

Signature of candidate _______________________

Date of filing _____________________

This petition is filed by ___________________ whose address is _____________ Street.

The town clerk shall take and preserve the name and address of the person by whom each nomination is filed. No nomination petition shall be accepted unless accompanied by a signed acceptance of the nomination. Any candidate may withdraw his nomination not later than the last day for filing nomination papers by filing a notice of withdrawal with the town clerk. Within 5 days after the filing of a nomination petition the town clerk shall notify the candidate nominated and the person by whom the petition was filed whether or not the petition is found to be signed by the required number of qualified voters. If a petition is found insufficient the town clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions a new petition may be filed for the same candidate. The petition of each candidate nominated to be mayor or a member of the board of commissioners shall be preserved by the town clerk until the expiration of the term of office for which he has been nominated.

The sponsors for each candidate for town commissioner shall be qualified electors in the area in which said candidate resides.

Sec. 14. Ballots. The full names of candidates nominated for mayor or the board of commissioners in accordance with the provisions of this charter, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots in the alphabetical order of the surnames in rotation without any party designation. There shall be printed as many sets of ballots as there are candidates. Each set of ballots shall begin with the name of a different candidate, the other names being arranged thereafter in regular alphabetical order, commencing with the names next in alphabetical order after the one that stands first on such set of ballots. When the last name is reached in alphabetical order it shall be followed by the name that begins with the first letter represented in the list of names and by the others in regular order.

Sec. 15. Election of Mayor and Board of Commissioners. The mayor and members of the board of commissioners shall be elected by the voters at large. All candidates in each instance up to the number to be elected who receive the highest number of votes shall be elected.

ADMINISTRATIVE SERVICE

Sec. 16. Appointment of Officers and Employees. The board of commissioners may appoint a town clerk, a treasurer, a tax collector, an accountant, a town attorney, a chief of police, a fire chief, and such other officers and employees as may be necessary; provided, that the board of commissioners may appoint one person to fill any two or more such positions. Such employees or officers shall serve at the pleasure of the board of commissioners, and shall perform such duties as may be prescribed by the board of commissioners. The board of commissioners shall fix all salaries, prescribe bonds and require such oaths as they may deem necessary.

Sec. 17. Town Clerk. The town clerk shall keep the records of the board of commissioners and perform such other duties as may be required by law or the board of commissioners.

Sec. 18. Town Attorney. The town attorney shall be an attorney at law and shall be the legal advisor or attorney for the town and all departments and officers thereof in matters relating to their official powers and duties and, he shall perform any and all such duties as may be required of him by law or the board of commissioners.

Sec. 19. Duties of Town Tax Collector. The tax collector shall collect all taxes, licenses, fees, and other moneys belonging to the town government, subject to the provisions of this charter and ordinances enacted thereunder, and he shall diligently comply with and enforce the general laws of North Carolina relating to the collection, sale and foreclosure of taxes by municipalities. It shall be the duty of the tax collector to deposit daily in the town depository all money belonging to the town.

Sec. 20. Duties of Town Treasurer. The town treasurer, if any, shall have custody of and shall disburse all moneys belonging to the town government subject to the provisions of this charter and ordinances enacted thereunder; shall have custody of all investments and invested funds of the town or in possession of the town in a fiduciary capacity, and shall keep a record of such investments, and shall have custody of all bonds and certificates of town indebtedness including such bonds and certificates unissued or cancelled, and the receipt and delivery of town bonds and certificates for transfer, registration or exchange.

Sec. 21. Issuance of Bonds. The town may issue bonds for the purposes and in the manner prescribed by the general laws of North Carolina for the issuance of bonds by municipalities.

Sec. 22. Purchase Procedure. Before making any purchase or contract for supplies, materials, equipment, or contractual services, opportunity shall be given for competition, under such rules and regulations, and with such exceptions, as the board of commissioners may prescribe by ordinance. All expenditures for supplies, materials, equipment, or contractual services involving more than one thousand dollars ($1,000) shall be made on a written contract, and such contract shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance.

Sec. 23. Contract for Town Improvements. Any town improvement costing more than one thousand dollars ($1,000) shall be executed by contract except where such improvement is authorized by the board of commissioners to be executed directly by a town department in conformity with detailed plans, specifications and estimates. All such contracts for more that one thousand dollars ($1,000) shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the board of commissioners shall have the power to reject all bids and advertise again. Alterations in any contract may be made when authorized by the board of commissioners.

Sec. 24. Contracts Extending Beyond One Year. No contract involving the payment of money out of the appropriations of more than one year (other than renewals of continuing appropriations), shall be made for a period of more than 10 years; nor shall any such contract be valid unless made or approved by ordinance. No ordinance providing for such a contract shall be valid unless notice of the intention to pass the same were published in a newspaper of general circulation within the town at least 10 days before its passage by the board of commissioners.

Sec. 25. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the town government by qualified public accountants, selected by the board of commissioners, who have no personal interest directly or indirectly in the financial affairs of the town government or of any of its officers. The results of this audit shall be published immediately upon its completion. If an audit is required to be made by State officials under the provisions of State law for the inspection and audit of municipal accounts, the board of commissioners may accept such audit by the State as fulfilling the requirements of this Section.

MISCELLANEOUS PROVISIONS

Sec. 26. Publicity of Records. All records and accounts of every office and department of the town shall be open to inspection by any citizen or by any representative of the press at all reasonable times and under reasonable regulations established by the board of commissioners, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

Sec. 27. Personal Interest. Neither the mayor nor any member of the board of commissioners nor any officer or employee of the town shall have a financial interest, direct or indirect, in any contract with the town, or be financially interested, directly or indirectly, in the sale to the town of any land, materials, supplies, or services, except on behalf of the town as an officer or employee. Any wilful violation of this Section shall constitute malfeasance in office, and any officer or employee of the town found guilty thereof shall thereby forfeit his office or position. Any violation of this Section, with the knowledge express or implied of the person or corporation contracting with the town shall render the contract voidable by the board of commissioners.

Sec. 28. Oath of Office. Every officer of the town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the town clerk.

"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of North Carolina, that I will, in all respects, observe the provisions of the charter and ordinances of the Town of Spray and will faithfully discharge the duties of the office of ________________________________".

Sec. 29. Continuance of Contracts. All contracts entered into by the town, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or charter provisions existing at the time this charter takes effect may be carried to completion in accordance with the provisions of such existing laws and charter provisions.

Sec. 30. Claims and Demands. All claims or demands against the City of Spray arising in tort shall be presented to the city board or to the city clerk, in writing, signed by the claimant, his attorney or lawful agent, within ninety (90) days after said claim or demand is due or the cause of action accrues; no suit or action thereon shall be brought within ten (10) days or after the expiration of twelve (12) months from the time said claim is so presented, and, unless the claim is so presented within ninety (90) days after the cause of action accrued and unless suit is brought within twelve (12) months thereafter, any action thereon shall be barred.

Sec. 31. Saving Clause. If any part of this charter shall be declared invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of the charter. The provisions of this charter shall supersede all laws and ordinances not consistent herewith, insofar as the Town of Spray is affected thereby.

Sec. 32. Repealing Clause. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 33. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 29th day of May, 1959.