NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 163

HOUSE BILL 326

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF WASHINGTON.

 

The General Assembly of North Carolina do enact:

 

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

THE CHARTER OF THE CITY OF WASHINGTON

ARTICLE I. INCORPORATION AND CORPORATE POWERS

Section 1.1. Incorporation and General Powers. The City of Washington shall continue to be a body politic and corporate under the name of the "City of Washington", and shall continue to be vested with all property and rights which now belong to the city; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.

Sec. 1.2. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, if this Charter makes no provision, as provided by ordinance or resolution of the City Council, and as provided by the general laws of North Carolina pertaining to municipal corporations, their officers, agencies or employees.

ARTICLE II. CORPORATE BOUNDARIES

Sec. 2.1. Existing City Boundaries. The corporate limits of the City of Washington shall be as follows until changed in accordance with law:

Beginning at a railroad iron on the North bank of Tar River 10 feet West of the center line of the old Washington-Vandemere Railroad; thence North 32 degrees 45 minutes East 410 feet to a railroad iron; thence North 26 degrees 40 minutes West 1966 feet to a railroad iron; thence North 39 degrees East 475 feet to the northern right of way line of Atlantic Coast Line Railroad Company; thence along the northerly line of the Atlantic Coast Line Railroad Company right of way North 26 degrees 40 minutes West 1000 feet; thence North 39 degrees 50 minutes East 716 feet, to the westernmost corner of the U. S. Navy property in the northerly edge of the right of way of Pactolus Road (N. C. Highway 33); thence along the northwesterly boundary of the U. S. Navy property North 39 degrees 20 minutes East 214.5 feet; thence South 29 degrees 30 minutes East 918 feet across the Navy property and the Grimes property, this line being parallel to and 200 feet from the northerly edge of the right of way of said Pactolus Road; thence South 52 degrees 15 minutes East 1580 feet along the line between Somerset Place Subdivision and the Tayloe Estate property; thence South 52 degrees 30 minutes East 787 feet to the center line of Hackney Avenue; thence along the center line of Hackney Avenue North 33 degrees 45 minutes East 1305 feet to the easterly edge of the right of way of Carolina Avenue; thence along the easterly edge of the right of way of Carolina Avenue North 10 degrees 15 minutes West 333 feet to a point which is 100 feet North of the northern right of way line of Maple Street; thence running parallel with Maple Street North 79 degrees 45 minutes East 275 feet to the western edge of the right of way of Trade Street; thence along the western edge of the right of way of Trade Street North 10 degrees 15 minutes West 50 feet; thence North 79 degrees 45 minutes East 625 feet to a point which is 100 feet, measured at right angles, northwardly from the northern edge of Thirteenth Street extended on its present course; thence South 56 degrees 13 minutes East, parallel with Thirteenth Street extended, 410.9 feet to Phillips Ditch; thence with the Phillips Ditch North 34 degrees 50 minutes East 500 feet to the southern edge of Fifteenth Street; thence along the southern edge of Fifteenth Street South 56 degrees 13 minutes East 1034 feet to a point in line with the northwest boundary of Colonial Heights Subdivision; thence with the northwest boundary line of Colonial Heights Subdivision North 49 degrees 31 minutes East 1328.69 feet to the dividing line between Colonial Heights Subdivision and White Oak Subdivision; thence with said dividing line South 23 degrees 36 minutes East 1138.69 feet to the western edge of the right of way of Respess Street; thence with the western edge of the right of way of Respess Street South 33 degrees 47 minutes West 635.69 feet to the center line of Fifteenth Street; thence South 56 degrees 13 minutes East 680 feet along the center line of Fifteenth Street to the center line of Market Street; thence along the center line of Market Street North 33 degrees 15 minutes East 132 feet; thence South 57 degrees East 30 feet to the eastern edge of the right of way of Market Street; thence North 33 degrees 15 minutes East 1273 feet to a ditch, the northern boundary of Oakdale Cemetery; thence with the boundary of Oakdale Cemetery, a series of ditches, the following courses and distances: South 55 degrees 20 minutes East 717 feet, South 20 degrees 45 minutes West 342 feet, South 40 degrees 15 minutes West 60 feet, South 49 degrees 30 minutes East 240 feet, South 30 degrees 15 minutes East 545 feet, and South 46 degrees 15 minutes West 825 feet to a railroad iron; thence South 17 degrees 30 minutes East 1564 feet, more or less, to the North edge of Twelfth Street; thence along the northern edge of Twelfth Street South 56 degrees 10 minutes East 298.5 feet to an iron pipe, the westernmost corner of the property of Dr. Dave Tayloe; thence North 32 degrees 05 minutes East 494 feet along the line of Dr. Dave Tayloe and Dr. J. C. Tayloe to an iron pipe; thence South 56 degrees 10 minutes East 75 feet to an iron pipe in the line of the Beaufort County Hospital property; thence with the boundary line of the Beaufort County Hospital property as follows: North 32 degrees 05 minutes East 66.75 feet, North 57 degrees 49 minutes East 263.1 feet, and South 31 degrees 11 minutes East 740 feet to the northwest edge of John Small Avenue; thence with the northwest edge of John Small Avenue South 63 degrees 34 minutes West 1091 feet to a point in the center line of Pennsylvania Avenue extended; thence with the center line of Pennsylvania Avenue South 27 degrees 30 minutes East about 360 feet to a point in line with the northern edge of Pamlico Street; thence with the northern edge of Pamlico Street North 62 degrees 30 minutes East 280 feet; thence parallel with Pennsylvania Avenue South 27 degrees 30 minutes East 975 feet to the southern edge of an alley; thence with the southern edge of the said alley South 62 degrees 30 minutes West 280 feet to the center line of Pennsylvania Avenue; thence with the center line of Pennsylvania Avenue South 27 degrees 30 minutes East about 1910 feet to the run of Runyons Creek; thence down the run of Runyons Creek to the Pamlico River; thence, crossing the Pamlico River, in a southwesterly direction and on a straight course, to the point where the western edge of Rodmans Creek meets the southerly shore of Pamlico River; thence up the southern edge of Pamlico River and the Tar River to a point which is 10 feet West of the center line of the old Washington-Vandemere Railroad; thence, crossing the Tar River, on a straight course, northeastwardly, to the point of beginning.

Sec. 2.2. Extension of City Boundaries. All extensions of city boundaries shall be governed by the General Statutes of North Carolina.

ARTICLE III. CHARTER AMENDMENTS

Sec. 3.1. Incorporation of Amendments. (a) As soon as possible after the adjournment of each General Assembly, the city attorney shall present to the City Council copies of all local laws relating to the City of Washington that were enacted by such General Assembly, whether or not amending in terms this Charter, which he recommends be incorporated into this Charter. Such recommendations may include suggestions for renumbering or rearranging the provisions of such laws, for providing titles and catch-lines, and for such other changes in arrangement and form that do not change the law as may be necessary to implement the purposes of this Article.

(b)       After considering the recommendations of the city attorney, the City Council may provide for the incorporation of such laws into this Charter.

(c)       The purpose of this Section is to enable the city to maintain at all times a current and accurate City Charter, organized in clear and orderly fashion, and embracing all pertinent local laws relating to the city.

ARTICLE IV. MAYOR AND CITY COUNCIL

Sec. 4.1. Composition of City Council. The City Council shall consist of five members, who shall be elected from the city at large in the manner provided by Article V.

Sec. 4.2. Qualifications; Terms; Vacancies.

(a)       Members of the City Council shall serve for terms of two (2) years, beginning the day and hour of the organizational meeting of the Council, provided that members shall serve until their successors are elected and qualified.

(b)       No person shall be eligible to be nominated or elected to the City Council, or to serve thereon, unless he is a qualified voter and resident of the city.

(c)       If any elected Council member shall refuse to be qualified, or if there is any vacancy in the office of councilman after election and qualification, or if any councilman be unable to discharge the duties of his office, the remaining members of the Council shall elect some person to serve the unexpired term, or during his disability, as the case may be. Councilmen so elected shall have all authority and powers granted by this Charter to regularly elected councilmen.

Sec. 4.3. Election of Mayor and Mayor Pro Tem. The mayor and mayor pro tem shall be elected by the City Council from among its own members, and shall hold such offices during the term for which they have been elected to the Council.

The mayor shall be the official head of the city and shall preside at all meetings of the City Council. He shall have a vote upon all measures coming before the Council, but shall have no veto. In the absence or disability of the mayor, the mayor pro tem shall perform his duties. In the absence or disability of both the mayor and the mayor pro tem, the Council shall designate one of its members to perform such duties.

Sec. 4.4. Compensation of Mayor and Council. The mayor shall receive for his services such salary as the Council shall determine, not exceeding eighteen hundred dollars ($1800.00) per year. His salary shall not be increased or diminished during his term. The Council may establish a salary for its members not exceeding six hundred dollars ($600.00) per year for each. Such salary may be reduced, but no increase therein shall be made to take effect during the term in which the increase is voted.

Sec. 4.5. Organization of City Council; Oaths of Office. The City Council shall meet and organize on the Monday following its election. Before entering upon their offices, councilmen shall severally take oath before the city clerk to perform faithfully the duties of their respective offices. Any elected councilman not present at the organizational meeting may take oath at any time thereafter.

Sec. 4.6. Rules of Council; Journal of Proceedings. The City Council shall determine its own rules and order of business, and shall cause to be kept a journal of its proceedings.

Sec. 4.7. Council Members to Hold no Other Offices. Neither the mayor nor any member of the City Council shall hold any other office or position of trust, profit, or honor under the city government.

Sec. 4.8. Meetings of the Council. (a) The City Council shall fix suit­able times for its regular meetings, which shall be as often as once monthly. The mayor, or any two Council members may at any time call a special meeting by signing a written notice stating the time of the meeting, to be delivered to each member or left at his usual dwelling place at least six (6) hours before the meeting. Meetings of the Council may also be held at any time when all members of the Council are present and consent thereto. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

(b)       All meetings of the City Council shall be public meetings. The City Council shall not by executive session or otherwise formally consider or vote on any question in private session.

Sec. 4.9. Quorum; Votes. (a) A majority of the members elected to the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members.

(b)       The affirmative vote of a majority of the Council members shall be necessary to adopt any ordinance or to authorize the expenditure of money. All other matters voted upon shall be decided by majority vote of the Council members present.

(c)       No member of the Council shall be excused from voting on any matter involving his own official conduct or his financial interest.

Sec. 4.10. Exercise of City Powers. (a) The City Council shall direct the exercise of all of the powers of the city, except as otherwise provided by this Charter.

(b)       In addition to the powers herein conferred, and to other powers conferred upon it by general law, the City Council may adopt and provide for the execution of such ordinances, rules, and regulations, not inconsistent with this Charter, as may be necessary or appropriate for the preserva­tion and promotion of the health, safety, comfort, convenience, good order, better government, and general welfare of the city and its inhabitants.

ARTICLE V. NOMINATION AND ELECTION PROCEDURE

Sec. 5.1. Registration of Voters. (a) The Beaufort County Board of Elections, during the first week in March of each odd-numbered year, shall appoint a registrar and two poll holders for each precinct. The officials so appointed shall, insofar as is practicable, serve in both the primary and general municipal elections. Any vacancy occurring among the election officials shall be filled by the mayor, or, in his absence, by the City Council; provided, that any vacancies occurring in any precinct on the day of the primary or of the general election may be filled by the remaining election officials of such precinct.

(b)       The registration books for the registration of voters shall be open for a period of ten (10) days, which period of time shall include and end with the second Saturday preceding the day of the primary election. The registration books shall be open on each Saturday during the registration period at the respective polling places. On other days during the period, excluding Sunday, the registration books shall be open at the home or usual place of business of the respective registrar in each precinct. On each day of registration, the registration books shall be open from 9 o'clock A. M. until 5 o'clock P. M., provided that on the last day of registration, the books shall remain open until 6:30 o'clock P. M.

(c)       Any person seeking to register must show that he has resided in the State for one (1) year, and in the precinct in which he offers to register for thirty (30) days next preceding the primary, and shall otherwise be qualified to vote for members of the General Assembly; provided that removal from one precinct in the city to another in the city shall not operate to deprive any otherwise qualified person of the right to register and vote in the precinct from which such person removed until thirty (30) days after such removal.

(d)       No registration shall be allowed on the day of the primary election or of the general municipal election, provided that if any person shall give satisfactory evidence to the registrar and the poll holders that he has become qualified to register and vote since the time for registration ended, he shall be allowed to vote.

(e)       Registration for the right to vote in the primary election shall be sufficient to allow a person to vote in the general municipal election; and there shall be no separate registration for the general municipal election.

(f)        Challenge Day shall be the second Saturday preceding the day of the primary election, and the registration books shall be open at the polling place in each precinct on such day for the inspection of the electors and the challenging of any person registered. Challenges shall be heard and determined by the election officials as provided by the general law governing elections for members of the General Assembly.

(g)       The city clerk shall cause to be published in a newspaper having general circulation in the city, at least two (2) weeks prior to the first day of registration, a notice stating the dates when the registration books will be open, the names of the registrars, the locations of the polling places, the date of the primary election and the date of the general municipal election.

Sec. 5.2. Nomination of Candidates. Each candidate for nomination for City Council shall file with the city clerk, not later than 5:00 o'clock P. M. on the tenth day next preceding the day of the primary election, written notice of his intention to be a candidate; such written notice shall state the political party whose nomination such candidate seeks. Such notice of candidacy shall be accompanied by payment of a filing fee of ten dollars ($10.00) to help defray the cost of conducting the primary election, and timely payment of such fee shall be a condition precedent to participation as a candidate in such primary election. There shall be no refund of any filing fee so paid.

Sec. 5.3. Primary Ballots. The city. clerk shall cause to be printed official "Primary Ballots", and shall cause to be listed thereon the names of the nominees of each respective political party having nominees in the order in which they filed their notices of candidacy.

Sec. 5.4. Primary Election. The primary election for the nomination of candidates for the City Council shall be held on the third Monday preceding the general municipal election, in the odd-numbered years. The polls shall be kept open on such day from 6:30 o'clock A. M. to 6:30 o'clock P. M. In the primary election, candidates for membership on the City Council shall be nominated by the voters at large of their respective political parties, and the five persons receiving the highest city-wide vote of their party shall be declared the nominees of such party.

Sec. 5.5. Ballots for General Municipal Election. The city clerk shall cause to be printed the official ballots for the general municipal election. Such ballots shall list the names of the nominees of each political party under the name of such party.

Sec. 5.6. General Municipal Elections. The municipal election for the election of the City Council shall be held on Tuesday after the first Monday in May of the odd-numbered years. The polls shall be kept open on such day from 6:30 o'clock A. M. to 6:30 o'clock P. M. In the municipal election the five persons receiving the highest city-wide vote shall be declared elected as members of the City Council.

Sec. 5.7. Determination of Tie Votes in Primary and General Municipal Elections. In case there shall be a tie in any primary or general municipal election for membership on the City Council, the tie shall be broken by vote of the Beaufort County Board of Elections after two (2) days' written notice to the persons affected.

Sec. 5.8. Determination of Disputes. In case of any dispute arising with respect to the nomination or election of any candidate or nominee for membership on the City Council or with respect to any matter pertaining to the holding of a primary or general municipal election, the same shall be heard and determined by the Beaufort County Board of Elections, under such rules and regulations as it may adopt and establish, not inconsistent with rules or regulations of the State Board of Elections. The Beaufort County Board of Elections is hereby given power to administer oaths, to subpoena witnesses and documents, and to do and perform any other thing which shall be necessary for the purpose of hearing and determining any matter which may come before it by reason of the provisions of this Section.

Sec. 5.9. Absentee Ballots. There shall be no voting by absentee ballot in any primary or general municipal election held for the nomination or election of members of the City Council.

Sec. 5.10. Marking of Ballots. In all primary and general municipal elections for membership on the City Council, the elector shall cast his or her vote for as many candidates as there are offices to be filled, and where an elector votes for any number of candidates less than the number of offices to be filled, such ballot shall not be counted for any of the candididates. There shall be printed on all ballots for membership on the City Council the number of candidates to be voted for.

Sec. 5.11. Special Elections. The conduct of all authorized special elections held in the City of Washington shall be governed by the provisions of applicable general law.

Sec. 5.12. Bond Elections. The conduct of bond elections shall be governed by the provisions of general law relating to municipal bond elections.

ARTICLE VI. CITY MANAGER

Sec. 6.1. Appointment, Qualifications, Term, and Compensation. The City Council shall appoint the city manager to hold office during the pleasure of the Council. The city manager shall be appointed with regard to merit only, and he need not be a resident of the city when appointed. The city manager shall receive for his services such compensation as the City Council shall determine.

Sec. 6.2. Powers and Duties of City Manager. The city manager shall (1) be the administrative head of the city government; (2) see that within the jurisdiction of the city the laws of the State and the ordinances, resolutions, rules and regulations of the Council are faithfully executed and enforced; (3) attend all meetings of the Council, and recommend for adoption such measures as he may deem expedient; (4) make reports to the Council from time to time upon the affairs of the city, and keep the Council fully advised of the city's financial condition and its future financial needs.

Sec. 6.3. Absence or Disability of City Manager. In the event the city manager shall be sick, absent from the city, or otherwise unable to perform the duties of his office, the Council may designate any other city employee, or any other person, as acting city manager, and the person so designated shall have all the power and authority of the manager while serving in such capacity. Any employee designated as acting city manager shall receive such additional compensation as the Council may determine. Neither the mayor nor any Council member shall serve as acting city manager.

ARTICLE VII. ADMINISTRATIVE OFFICES AND PERSONNEL.

Sec. 7.1. Appointment and Removal of Department Heads and Employees; Salaries. (a) The city manager, except as otherwise provided in this Charter, shall appoint and may suspend and remove all city employees and heads of departments, and, in his discretion, may employ consultants of any kind when needed. The city manager shall report to the Council every appointment and removal of a department head at the next regular Council meeting following such appointment or removal.

(b)       All salaries and compensation shall be fixed or approved by the Council.

(c)       City employees and department heads shall perform such duties as may be required of them by the city manager under general regulations of the Council.

(d)       Neither the Council nor any of its members shall take any part in the appointment or removal of department heads and employees in the administrative service of the city, except as provided by this Charter. Except for the purpose of inquiry, or for consultation with the city attorney, the Council and its members shall deal with the administrative service solely through the city manager, and neither the Council nor any of its members shall give any specific orders to any subordinates of the city manager, either publicly or privately.

Sec. 7.2. City Attorney. The city attorney shall be appointed by the City Council, and shall have the following duties: (1) to serve as legal advisor to the City Council, the city manager, and all city departments, officers and agencies; (2) to represent as counsel the city, its officers, agents or employees, in any legal action arising out of or connected with the proper functions of the city, unless disqualified so to act; (3) to draft such ordinances, resolutions and documents as requested by the council or manager,

Sec. 7.3. City Clerk. The city clerk shall be appointed by the City Council, and shall have the following duties: (1) to act as clerk to the Council, to attend all meetings thereof, and to maintain a permanent record of all proceedings thereof; (2) to keep the books of account of the city.

Sec. 7.4. City Treasurer. The city treasurer shall be appointed by the City Council, and shall receive and keep all moneys belonging to the city, keeping the Council advised of the status of all funds.

Sec. 7.5. City Tax Collector. The City Council shall appoint a tax collector for the city, who shall be charged with the collection of all taxes and assessments.

Sec. 7.6. Consolidating of Functions of Certain Offices. The City Council may, in its discretion, consolidate the offices of city clerk, city treasurer, and city tax collector, and may assign the functions of any one of these offices to the holder of any other of these offices.

Sec. 7.7. Oath of Office Required. Before entering upon the discharge of their duties, the holders of the following offices and positions shall be required to take the oath prescribed for public officers, before the mayor or the city clerk: The city manager, city clerk, tax collector, any assistant city clerk or assistant tax collector, city treasurer, chief of police and each member of the police force, the building inspector and all employees empowered to enforce the building code.

ARTICLE VIII. TAXATION

Sec. 8.1. Powers of Taxation. The city shall have all taxing power and authority delegated to municipal corporations by general law.

Sec. 8.2. Payment of Delinquent Taxes into General Fund. The City Council may, in its discretion, direct the payment into the general fund of the city all or any part of the proceeds of ad valorem taxes which are, when collected, three or more years delinquent.

Sec. 8.3. Additional Remedies for Collection of Privilege License Taxes. In addition to any other civil or criminal remedy available to enforce the collection of privilege license taxes, the tax collector may employ the remedies of levy upon personal property, attachment, and garnishment, in the manner and subject to the limitations provided by general law for the collection of ad valorem taxes.

ARTICLE IX. STREET IMPROVEMENTS:

ASSESSMENTS OF THE COST

Sec. 9.1. In addition to any authority which is now or may hereafter be granted by general law to the City of Washington for making street improvements, the City Council is authorized to make street improvements, and assess the cost thereof against abutting property owners in accordance with the provisions of this Article.

Sec. 9.2. When Petition Unnecessary. The City Council may order street improvements and assess the cost thereof, exclusive of the costs incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the findings by the Council as a fact: (a) That the street improvement project does not exceed twelve hundred (1200) lineal feet, and

(b)       That such street or part thereof is unsafe for vehicular traffic and it is in the public interest to make such improvement, or

(c)       That it is in the public interest to connect two streets or portions of a street already improved, or

(d)       That it is in the public interest to widen a street or part thereof, which is already improved; provided, that assessment for widening any street or portion of street without petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the city's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Section.

Sec. 9.3. Street Improvements Defined. For the purposes of the preceding Section, the term "street improvement" shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, and the construction or reconstruction of curbs, gutters and street drainage facilities.

Sec. 9.4. Assessment Procedure. In ordering street improvements without a petition and assessing the cost thereof under authority of this Article, 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.

Sec. 9.5. Effect of Assessments. The effect of the act of levying assessments under authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.

ARTICLE X. ESTABLISHMENT OF PROPOSED STREET LINES

Sec. 10.1. Authority to Establish Proposed Street Lines. Whenever, in the opinion of the City Council, it is in the best interest of the city to do so, the Council may make provision for the ultimate widening or extension or both of existing streets and for the opening of new streets, and for the gradual acquisition of the lands necessary for such improvements, in accordance with the procedure established by this Article.

Sec. 10.2 Platting of Proposed Street Lines. From and after the time of adoption of a major street plan by the City Council and the State Highway Commission pursuant to provisions of G. S. 136-66.2, the City Council shall have power to request, make, or cause to be made, from time to time, surveys for the exact locating of the lines of new, extended, widened, or narrowed streets and highways in the whole or any portion of the city and the area within one mile outside of its corporate boundaries. Personnel making such surveys are empowered to enter upon lands, make examinations or surveys, and place and maintain necessary monuments thereon, at reasonable times and with due care for the property. A plat or plats of the area or areas thus surveyed shall be prepared on which are indicated the locations of the lines recommended as the planned or mapped lines of future streets, street extensions, street widenings, or street narrowings. The preparation of such plat or plats shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

Sec. 10.3. Adoption of Official Map; Hearing; Notice. Following the preparation of such plats, 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 area within one mile 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 city, 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 Beaufort 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 acceptance of any land for street purposes.

Sec. 10.4. Right of City to Acquire Property before Improvement. From and after the time of adoption and certification to the register of deeds of any such map or maps, it shall be unlawful to build upon any land within the lines of proposed streets shown thereon or to repair or otherwise improve any existing buildings within said lines until the City Council shall have been given an opportunity to purchase or otherwise acquire said property for street purposes as provided by this Article. To that end, any person proposing to build upon such land or to make repairs or improvements to any existing building on such land shall, in writing, notify the City Council of the nature and estimated cost of such building, repairs, or improvements. The Council shall then determine whether it will take the necessary steps to acquire said land prior to construction of said building or the making of said repairs or improvements. If the Council fails, within 60 days from the receipt of such notice, to acquire, adopt a formal resolution directing an appropriate officer to acquire, or institute condemnation proceedings to acquire said property, then the owner or other person giving notice may proceed to erect the building or to make the repairs or improvements described in said notice. The building inspector is authorized to withhold and refrain from issuing, for a period not exceeding 60 days from receipt by the Council of the notice herein prescribed, any building permit for the erection of any building within the said lines, or for the making of any repairs or improvements to existing buildings within said lines.

Sec. 10.5. Failure to Give Notice Bars Recovery for Value of Improvements. If any person, firm or corporation builds upon any land included within said proposed street lines, or repairs or otherwise improves that part of any existing building within said lines, without giving the City Council an opportunity to acquire said property free from improvements, as provided in Section 10.4 of this Article, the Council shall not be required to pay for the value of said building, repairs, or improvements in any proceeding subsequently brought to acquire the land for the purpose shown on the officially adopted map or maps.

Sec. 10.6. Failure of City to Act; No Limit to Subsequent Condemnation. The failure of the City Council to take action under Section 10.4 of this Article within 60 days after notice shall not have the effect of limiting the right of the Council at any subsequent time to condemn the same. In such case, however, the owner shall be entitled to full compensation as now provided by law for the building, repairs, or improvements made after the failure of the Council to take action within the prescribed period.

ARTICLE XI. ZONING

Sec. 11.1. Extraterritorial Zoning. The City Council shall have such authority to enact zoning regulations as is granted by general law; provided, that, as an alternative to exercising the extraterritorial zoning authority granted by G. S. 160-181.2, the City Council may exercise extraterritorial zoning authority within boundaries which it may establish coincident with, or with reference to, geographic boundaries, either natural or man-made; provided, that such boundaries shall be established, insofar as is practicable, to encompass territory lying within a distance of approximately one mile of the corporate limits; but in no event shall such boundaries be established to encompass territory lying more than one and one-half miles distant from the corporate limits; provided, further, that in the event of land lying outside the corporate limits, within boundaries established pursuant to this Article, and lying within the boundaries of the extraterritorial zoning authority of another municipality, the City Council may enact zoning regulations with respect to such land only upon receipt of a resolution duly adopted by the governing body of such other municipality consenting to the enactment of such regulations.

ARTICLE XII. PARKING AND PARKING FACILITIES

Sec. 12.1. Authority to Regulate Off-Street Parking. The City Council shall have power and authority to enact ordinances for the regulation of the use by vehicles of: (a) Municipally owned or leased off-street parking areas and facilities;

(b)       Publicly owned off-street parks, outdoor recreation areas, and yards and grounds occupied by public buildings; and

(c)       Privately owned areas permissively used by the general public for parking or street purposes.

Sec. 12.2. Criminal Penalties. In the exercise of the authority granted by Section 12.1, the City Council shall have authority to make and provide criminal penalties for violations of such ordinances, not exceeding the penalties provided by general law for the violation of municipal ordinances.

Sec. 12.3. Towing of Vehicles from Off-Street Areas; Charges. The City Council may, in addition to providing criminal penalties, provide that such vehicles in violation of parking regulations at any of the places designated in Section 12.1 may be towed away and the owner or person responsible therefor required to pay the resulting towing and storage charges.

Sec. 12.4. Towing of Vehicles from Streets; Charges. The City Council may provide by ordinance that vehicles stalled, wrecked, abandoned, or illegally parked upon any public street may be removed therefrom by having the same towed away to such place as may be designated by the city manager, and to require that the owner or person responsible therefor pay the resulting towing and storage charges.

Sec. 12.5. Registration Prima Facie Evidence of Responsibility. The ownership of any vehicle as established by its registration with the North Carolina Department of Motor Vehicles shall be prima facie evidence as to the person, firm, or corporation responsible.

Sec. 12.6. Towing and Storage Facilities. In the implementation of the authority granted by this Article relating to the removal and storage of vehicles, the City Council may provide such towing and storage facilities by and through its own forces, equipment, and property, as well as by contract with independent towing and storage contractors and operators, and the City Council may appropriate and use reasonable sums of public funds to defray the necessary expenses thereof.

ARTICLE XIII. TRAFFIC BUREAU

Sec. 13.1. Authority of City Council to Establish Traffic Bureau. (a) The City Council may by ordinance establish a traffic bureau to process and collect civil penalties provided for violations of traffic and parking ordinances of the city.

(b)       No State tax shall be paid to the State of North Carolina in cases finally disposed of by the traffic bureau.

(c)       All civil penalties collected in the traffic bureau shall be paid into the general fund of the city.

ARTICLE XIV. POLICE

Sec. 14.1. Police Jurisdiction Extended. (a) The jurisdiction of the police force is hereby extended to include all territory outside and within one mile of the corporate limits, and all members of the police force shall have within such territory all rights, power, and authority, as they now have within the corporate limits.

(b)       The jurisdiction of the police force is hereby extended to include all city-owned property and facilities, whether located within or outside the corporate limits, and all members of the police force shall have upon and within such property and facilities all rights, power and authority as they now have within the corporate limits.

Sec. 14.2. Warrant Officers. The City Council is authorized to designate as warrant officers two police officers assigned to inactive police duty. The warrant officers so designated shall have power to issue process for the apprehension of persons charged with any criminal offense committed within the city's police jurisdiction. They shall have the same powers as are conferred upon the persons named in Section 15-18 of the General Statutes, except that such powers shall be limited to the city's police jurisdiction.

ARTICLE XV. SIDEWALKS

Sec. 15.1. Cleaning of Sidewalks. It shall be the duty of every property owner in the city to keep clean and free of debris, trash, ice, snow, and other obstacles or impediments the sidewalks abutting his property.

Sec. 15.2. City May Clean After Notice; Charges a Lien. The City Council may by ordinance establish a procedure whereby city forces may clean any sidewalk or remove thereform any debris, trash, ice or snow upon failure of the abutting property owner after 10 days' notice to do so. In such event, the cost of such cleaning or removal shall become a lien upon the abutting property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the city or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs and penalties as provided by law for the foreclosure of the lien on real estate for ad valorem taxes.

ARTICLE XVI. REFUSE, WEEDS, AND TRASH

Sec. 16.1. Property Kept Free of Offensive Matter. It shall be the duty of every property owner in the city to keep his property free from noxious weeds, trash, and all other forms of offensive animal or vegetable matter or refuse which may be dangerous or prejudicial to the public health or which may constitute a public nuisance.

Sec. 16.2. Removal of Offensive Matter; Charges a Lien. The City Council may by ordinance establish a procedure whereby city forces may clean, cut, and remove any weeds, trash, refuse, or other offensive matter from any property upon failure of the owner or occupant after 10 days' notice to do so. In such event, the cost of such cleaning, cutting, and removal shall become a lien upon the particular property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the city or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs, and penalties as provided by law for the foreclosure of the lien on real property for ad valorem taxes.

ARTICLE XVII. PURCHASING AND CONTRACTS

Sec. 17.1. Provisions of General Law Govern. All contracts of the city for construction or repair work or for the purchase of apparatus, supplies, materials, or equipment shall be made in compliance with the requirements of Article 8, Chapter 143 of the General Statutes.

Sec. 17.2. Conflict of Interest. No officer, department head, employee, or board or commission member shall make or participate in the making of any contract with the city in which he may be in any manner financially interested, directly or indirectly. Any such person who has such an interest in any proposed contract shall make known that interest and shall refrain from participation in the making of any such contract. The willful concealment of such a financial interest or the willful violation of this Section shall constitute malfeasance in office or position, and any violator shall forfeit his office or position. Violation of this Section with the knowledge express or implied of the person, firm, or corporation contracting with the city shall render the contract void.

ARTICLE XVIII. CLAIMS AGAINST THE CITY

Sec. 18.1. Presentation of Claims; Suit Upon Claims. (a) All claims or demands against the City of Washington arising in tort shall be presented to the City Council in writing, signed by the claimant, his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within 30 days or after the expiration of 12 months from the time said claim or demand is so presented. Unless the claim or demand is so presented within 90 days after the cause of action accrues, and unless suit is brought within 12 months thereafter, any action thereon shall be barred.

(b)       No action shall be instituted against the city on account of damages to or compensation for real property taken or used by the city for any public purpose of any kind unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend shall have given notice in writing to the City Council of the claim, stating in the notice the date that the alleged use commenced, a description of the property alleged to have been used, and the amount of damage or compensation claimed.

(c)       Notwithstanding the provisions of subsections (a) and (b) of this Section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of the incapacity, provided that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after termination of the incapacity, or within three years after the happening or the infliction of the injury complained of, whichever is the longer period. The city may at any time request the appointment of a next friend to represent any person having a potential claim against the city and known to be suffering from physical or mental incapacity.

Sec. 18.2. Settlement of Claims by City Manager. The city manager may settle claims against the city for (1) personal injury or damages to property when the amount involved does not exceed the sum of one hundred dollars ($100.00) and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expense actually incurred, and (2) the taking of small portions of private property which are needed for the rounding of corners at street intersections, when the amount involved in any such settlement does not exceed five hundred dollars ($500.00) and does not exceed the actual loss sustained. Settlement of a claim by the city manager pursuant to this Section shall constitute a complete release of the city from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such releases shall be approved by the city attorney.

ARTICLE XIX. MISCELLANEOUS

Sec. 19.1. Signing of Warrants or Orders for Payment. Either the city clerk or any assistant clerk may sign warrants or orders for payment on the city treasurer or depository. In addition, in the absence of both the city clerk and the assistant city clerk, such warrants or orders may be signed by the city manager.

Sec. 19.2. Cemetery Regulations. The City Council may provide rules and regulations for the use of all city cemeteries, whether located within or outside the corporate limits, and such rules and regulations shall be enforced by the police force within said cemeteries as city ordinances.

Sec. 19.3. Interments Within City. The City Council may regulate or prohibit interments within the corporate limits, and may prohibit interments within the corporate limits elsewhere than in city-owned cemeteries.

Sec. 2. The purpose of this Act is to revise the Charter of the City of Washington (Chapter 170 of the Private Laws of North Carolina, Session 1903, as amended, and as modified by the adoption of the optional Plan D. form of government ((G. S. Chapter 160, Article 22, Part 4)) in an election held on December 7, 1951) and to consolidate into it certain local Acts concerning the property, affairs, and government of the City of Washington. It is intended to continue in force without interruption those provisions of prior local 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, nor in any manner to affect any of the following Acts, or amendments thereto, even though such Acts or amendments are not expressly set forth herein: (a) Any Acts concerning the property, affairs, or government of the Washington city schools or school system;

(b)       Any Acts relating to the Washington Recorder's Court;

(c)       Any Acts validating, confirming, approving or legalizing official proceedings, actions, contracts, or obligations of any kind;

(d)       Any Acts authorizing conveyance or sale of particular city property or interests therein.

Sec. 4. (a) The following Acts, having served the purposes for which enacted, or having been consolidated into this Act, are hereby repealed;

(1)       N. C. Session Laws, 1959, Chapter 55 (off-street parking);

(2)       N. C. Session Laws, 1959, Chapter 847 (marking of ballots);

(3)       N. C. Session Laws, 1955, Chapter 414 (corporate limits; wards);

(4)       N. C. Session Laws, 1955, Chapter 323 (modify Plan D);

(5)       N. C. Session Laws, 1953, Chapter 300 (nominations and elections; utilities operations);

(6)       N. C. Session Laws, 1953, Chapter 1292 (sale of surplus steam);

(7)       N. C. Session Laws, 1951, Chapter 64 (elections);

(8)       N. C. Session Laws, 1949, Chapter 553 (spur tracks);

(9)       N. C. Session Laws, 1949, Chapter 319 (warrant officers);

(10)     N. C. Session Laws, 1947, Chapter 84 (light and water commissioners);

(11)     N. C. Session Laws, 1947, Chapter 988 (light and water commissioners);

(12)     N. C. Public-Local Laws, 1939, Chapter 447 (corporate limits);

(13)     N. C. Public-Local Laws, 1939, Chapter 489 (salaries of councilmen);

(14)     N. C. Private Laws, 1935, Chapter 109 (sale of fireworks);

(15)     N. C. Private Laws, 1935, Chapter 223 (salaries of mayor, councilmen);

(16)     N. C. Public-Local Laws, 1931, Chapter 31 (Washington Electric Service District);

(17)     N. C. Public-Local Laws, 1929, Chapter 7 (repeal of N. C. Private Laws, 1913, Chapter 11);

(18)     N. C. Private Laws, 1925, Chapter 29 (salary, light and water commissioners);

(19)     N. C. Private Laws, 1921, Chapter 179 (railroad tracks);

(20)     N. C. Private Laws, 1921, Chapter 149 (corporate limits; assessments);

(21)     N. C. Private Laws, 1919, Chapter 101 (Sunday regulations);

(22)     N. C. Private Laws, 1917, Chapter 147 (primary elections);

(23)     N. C. Private Laws, 1917, Chapter 33 (bond issue);

(24)     N. C. Private Laws, 1915, Chapter 210 (light and water commissioners);

(25)     N. C. Private Laws, 1915, Chapter 307 (bond issue);

(26)     N. C. Private Laws, 1915, Chapter 291 (repeal of N. C. Private Laws, 1913, Chapter 11);

(27)     N. C. Private Laws, 1915, Chapter 6 (repeal of N. C. Private Laws, 1913, Chapter 12);

(28)     N. C. Private Laws, 1913, Chapter 386 (utilities);

(29)     N. C. Private Laws, Extra Session, 1913, Chapter 11 (salary of police chief);

(30)     N. C. Private Laws, Extra Session, 1913, Chapter 22 (bond issue);

(31)     N. C. Private Laws, 1913, Chapter 116 (bond issue);

(32)     N. C. Private Laws, Extra Session 1913, Chapter 12 (Mayor's Court);

(33)     N. C. Private Laws, Extra Session 1913, Chapter 122 (power of arrest);

(34)     N. C. Private Laws, 1911, Chapter 273 (salaries and fees);

(35)     N. C. Private Laws, 1911, Chapter 9 (payment of indebtedness);

(36)     N. C. Private Laws, 1911, Chapter 433 (bond issue);

(37)     N. C. Private Laws, 1907, Chapter 266 (bond issue);

(38)     N. C. Private Laws, 1907, Chapter 281 (bond issue);

(39)     N. C. Private Laws, 1905, Chapter 275 (bond issue);

(40)     N. C. Private Laws, 1903, Chapter 170 (complete Charter revision);

(41)     N. C. Private Laws, 1903, Chapter 48 (bond issue);

(42)     N. C. Private Laws, 1899, Chapter 182 (amend Charter);

(43)     N. C. Private Laws, 1893, Chapter 212 (market house; bond issue);

(44)     N. C. Private Laws, 1893, Chapter 192 (railroad);

(45)     N. C. Private Laws, 1891, Chapter 223 (amend Charter);

(46)     N. C. Private Laws, 1891, Chapter 110, (amend Charter);

(47)     N. C. Private Laws, 1891, Chapter 29 (railroad);

(48)     N. C. Private Laws, 1889, Chapter 181 (amend Charter);

(49)     N. C. Public Laws, 1889, Chapter 14 (election);

(50)     N. C. Private Laws, 1885, Chapter 109 (amend Charter);

(51)     N. C. Private Laws, 1879, Chapter 108 (amend Charter);

(52)     N. C. Private Laws, 1877, Chapter 34 (cemeteries);

(53)     N. C. Private Laws, 1871-72, Chapter 120 (special tax);

(54)     N. C. Private Laws, 1871, Chapter 25 (collection of taxes);

(55)     N. C. Private Laws, 1870, Chapter 1 (amend Charter);

(56)     N. C. Private Laws, 1869, Chapter 6 (amend Charter);

(57)     N. C. Private Laws, 1861, 2nd Extra Session, Chapter 48 (powers of commissioners);

(58)     N. C. Private Laws, 1859, Chapter 252 (jury duty, firemen);

(59)     N. C. Private Laws, 1851, Chapter 345 (amend Charter);

(60)     N. C. Private Laws, 1847, Chapter 199 (incorporation);

(61)     N. C. Private Laws, 1843, (Session, 1842-43) Chapter 12 (corporation taxes);

(62)     N. C. Private Laws, 1835, Chapter 130 (amend Charter);

(63)     N. C. Private Laws, 1834-35, Chapter 144 (amend Charter);

(64)     N. C. Private Laws, 1833-34, Chapter 181 (amend Charter);

(65)     N. C. Private Laws, 1832-33, Chapter 164 (police);

(66)     N. C. Private Laws, 1832-33, Chapter 104 (contagious diseases);

(67)     N. C. Private Laws, 1831-32, Chapter 123 (powers of commissioners);

(68)     N. C. Private Laws, 1830-31, Chapter 119 (amend Charter);

(69)     N. C. Private Laws, 1830, Chapter 74 (toll bridge);

(70)     N. C. Private Laws, 1829-30, Chapter 36 (amend Charter);

(71)     N. C. Private Laws, 1824, Chapter 118 (smallpox);

(72)     N. C. Private Laws, 1822, Chapter 61 (fire companies);

(73)     N. C. Private Laws, 1820, Chapter 40 (amend Charter);

(74)     N. C. Private Laws, 1809, Chapter 92 (amend Charter);

(75)     N. C. Private Laws, 1799, Chapter 100 (amend Charter);

(76)     N. C. Private Laws, 1792, Chapter 42 (fire company);

(77)     N. C. Private Laws, Iredell (Private) 1784, Chapter 48 (annexation; levy of taxes);

(78)     N. C. Private Laws, Iredell (Private) 1782, Chapter 27 (establishment of Town of Washington).

(b)       The following Acts, applying to more than one municipality, are repealed in their application to the City of Washington:

(1)       N. C. Public-Local Laws, 1935, Chapter 374 (tax foreclosure);

(2)       N. C. Public-Local Laws, 1935, Chapter 222 (taxes);

(3)       N. C. Public-Local Laws, 1923, Chapter 460 (Streets);

(4)       N. C. Public-Local Laws, 1913, Chapter 662 (elections);

(5)       N. C. Public-Local Laws, 1913, Chapter 543 (license taxes);

(6)       N. C. Public-Local Laws, 1911, Chapter 633 (primary elections);

(7)       Laws of N. C., 1862 (3rd Session), Chapter 34 (defense);

(8)       N. C. Private Laws, Iredell (Private), 1785, Chapter 6 (amend Charter; conduct of slaves);

Sec. 5. No provisions of this Act are intended, nor shall be construed, to affect in any way any rights or interests (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 (including the adoption of ordinance or resolutions) pursuant to or within the scope of any provision 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 provision of this Act that disclaims an intention to repeal or effect enumerated or designated laws.

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

Sec. 8. Severability. If any provision 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. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 10. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 5th day of April, 1963.