S.L. 1967-629

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 629

HOUSE BILL 877

AN ACT TO AMEND THE CHARTER OF THE CITY OF GOLDSBORO, NORTH CAROLINA, AS REVISED, REORGANIZED AND AMENDED BY CHAPTER 447 OF THE SESSION LAWS OF 1961, AS AMENDED.

The General Assembly of North Carolina do enact:

Section 1. That Article 2 of Chapter 447 of the Session Laws of 1961, as amended, the same being the Charter of the City of Goldsboro, is amended as follows:

(a) By striking from the second line of Section 1 of Article 2 the words "first Saturday in May, 1963", and substituting in lieu thereof the words "first Tuesday after the first Monday in May, 1969".

(b) By striking from the third line of Section 2 of Article 2 the words and punctuation mark "Saturday in April,", and substituting in lieu thereof the word "Tuesday".

(d) By striking from the second line of Section 4 of Article 2 the word "first", and substituting in lieu thereof the word "second".

(e) By striking from lines three and four of Section 6 of Article 2 the word "Tuesday", and substituting in lieu thereof in each line the words "second day".

(f) By striking from line nine of the third paragraph of Section 7 of Article 2 the word "Wednesday", and substituting in lieu thereof the word "Monday".

Sec. 2. That Article 9 of Chapter 447 of the Session Laws of 1961, as amended, the same being the Charter of the City of Goldsboro, is amended by adding a new Section at the end thereof to read as follows

"Sec. 3. Provisions in Conflict with County-City Consolidation Agreements. During such time as the City of Goldsboro and Wayne County shall operate a consolidated tax collecting department under any agreement of the two governing bodies as authorized by Chapter 61 (HB 163) of the Session Laws of 1967, any provisions of Section 1 and Section 2 of this Article which might be in conflict with such consolidation agreement shall be suspended and ineffective until the termination of such consolidation agreement, at which time such conflicting provision shall again be in full force and effect."

Sec. 3. That Article 10 of Chapter 447 of the Session Laws of 1961, as amended, the same being the Charter of the City of Goldsboro, is amended by repealing the same as is now written and rewriting the same to read as follows:

"ARTICLE 10. MUNICIPAL FUNCTIONS; APPOINTMENTS AND COMPENSATION.

"Section 1. Departments Enumerated. There shall be and are hereby created or continued the following departments of the City of Goldsboro:

(a) Department of Finance.

(b) Department of Public Works.

(d) Department of Utilities.

(e) Fire Department.

(f) Police Department.

(g) And any such other departments as may from time to time be created by ordinance adopted by the Board of Aldermen.

"Sec. 2. Appointments and Compensation. The following department heads shall be appointed by the Board of Aldermen during the month of May after each regular municipal election, including the 1967 election, or as soon as practical thereafter, from a list to be submitted by the City Manager, and they shall receive such compensation as the Board of Aldermen may from time to time determine:

(a) Director of Finance.

(b) Director of Public Works.

(d) Director of Public Utilities.

(e) Chief of Fire.

(f) Chief of Police."

Sec. 4. That Article 11 of Chapter 447 of the Session Laws of 1961, as amended, the same being the Charter of the City of Goldsboro, is amended by repealing the same as is now written and rewriting the same to read as follows:

"ARTICLE 11. DEPARTMENT HEAD; POWERS AND DUTIES.

"Section 1. Powers and Duties. The following shall constitute the general powers and duties of the departments heads of the City of Goldsboro which may from time to time, unless otherwise prohibited by law, be added to, eliminated or exchanged by the City Manager with concurrence by the Board of Aldermen:

(a) The Director of Finance shall be responsible for the collection, disbursement and accounting system as prescribed by law and in keeping with policies established by the Board of Aldermen.

(b) The Director of Public Works shall be responsible for all matters relating to the construction, maintenance and operation of the physical properties of the city utilizing the following divisions: Sanitation, cemeteries, garage, street, engineering, inspection and general services. It shall further be his responsibility to administer the operations of the department in keeping with policies established by the Board of Aldermen.

(c) The Director of Planning shall be responsible for the preparation, review and revision of the city's comprehensive planning program as well as the supervision of the department's administration, including the coordinating of all city planning activity and current planning projects in keeping with policies established by the Board of Aldermen.

(d) The Director of Public Utilities shall be responsible for all matters relating to the operation of the water and sewer and other utility systems of the city and in keeping with policies established by the Board of Aldermen.

(e) The Chief of the Fire Department shall be responsible for the efficiency and discipline of the Fire Department. All orders shall pass through him and he shall see that the rules and regulations applicable to the Department are carried out. The Fire Department shall protect the life and property of the people. The Chief, in case of an emergency, may cause the blowing up or pulling down or destroying of any building, and no person shall be held civilly or criminally liable for acting in such cases in obedience to such order. The Chief of the Fire Department and its other officers shall have full police powers during fires and are authorized to make arrests for interference with their operations. In the absence of the Chief, the Assistant Chief shall have the powers and duties of the Chief. The Fire Department and its officers shall have such additional powers and duties as may be conferred upon them by general law and by ordinance or other direction of the Board of Aldermen consistent with such general law or this Charter.

(f) (1) The Chief of Police, acting under the City Manager, shall have supervision and control of the police force and shall enforce discipline therein.

(2) The Chief of Police and each member of the police force shall have, for the purpose of enforcing city ordinances and regulations, of preserving the peace of the city, of suppressing disturbances and apprehending offenders, and for serving civil process, the powers of peace officers vested in sheriffs and constables. They shall have such other powers, duties and responsibilities as may be placed upon their office by the general laws of North Carolina, this Charter and as prescribed by the Board of Aldermen. Such powers may be exercised within the corporate limits of the city and one mile beyond, upon city real property wherever located and within the limits of the watershed of the city water supply.

(3) If in the exercise of any powers or in the performance of any duties herein or otherwise by law vested in or assigned to them, any police officer shall pursue and continually follow within Wayne County any person who has violated or believed to have violated any law, then in such circumstances, such officer shall have all of the powers and authority and be governed by the laws of North Carolina applicable to sheriffs and constables in their respective districts."

Sec. 5. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6. 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 30th day of May, 1967.