S.L. 1967-74

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 74

HOUSE BILL 167

AN ACT TO AMEND THE CHARTER OF THE CITY OF GREENSBORO, THE SAME BEING CHAPTER 37, PRIVATE LAWS OF 1923, AS AMENDED, AND PARTICULARLY AS REVISED AND REORGANIZED BY CHAPTER 1137, SESSION LAWS OF 1959, AS AMENDED.

The General Assembly of North Carolina do enact:

Section 1. Section 2.21(a) of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is hereby amended by repealing the words "tenth day preceding the day of the primary election" appearing in line 13 of said subsection and substituting in lieu thereof the words "second Friday preceding the day of the primary election."

Sec. 2. Section 2.21(a) of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is hereby further amended by adding at the end thereof a new paragraph to read as follows:

"Any candidate who desires to withdraw his candidacy shall cause written notice to be served upon the City Clerk no later than 5:00 P. M. on the second Friday preceding the date of the primary election. Should there be no primary election required, then notice of withdrawal shall be filed in accordance with the provisions of G. S. 163-154."

Sec. 3. Section 3.03 of the Charter of the City of Greensboro, as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended by Section 6, Chapter 55, Session Laws of 1963, is amended by striking out the words and figures "three thousand six hundred dollars ($3,600.00)" as the same appear therein and substituting in lieu thereof the words and figures "four thousand eight hundred dollars ($4,800.00)"; and by striking out the words and figures "one thousand eight hundred dollars ($1,800.00)" as the same appear therein and substituting in lieu thereof the words and figures "two thousand four hundred dollars ($2,400.00)."

Sec. 4. Section 4.31(b) of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by rewriting the first sentence thereof to read as follows:

"For the purpose of enforcing North Carolina State laws, city ordinances and regulations, of preserving the peace of the city, of suppressing disturbances and apprehending offenders, and for serving civil process, the chief of police and each member of the police force shall have the powers of peace officers vested in sheriffs and constables."

Sec. 5. Section 4.33 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by repealing the letters and figures "G. S. 148-79" appearing in line 3 of said Section and substituting in lieu thereof the letters and figures "G. S. 114-19."

Sec. 6. Section 4.111 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, is amended by rewriting said Section to read as follows:

"Section 4.111. Contract procedures.

"All contracts, except as otherwise provided for in this Charter, shall be authorized and approved by the Council and reduced to writing in order to be binding upon the City. All contracts and all ordinances or resolutions authorizing the same shall be drawn by the City Attorney or shall be approved by him before authorization by the Council. A contract for the purchase of apparatus, supplies, materials or equipment may be approved, awarded and executed by the City Manager on behalf of the City provided that the Council shall have previously approved a sufficient appropriation in the annual budget for the current fiscal year. Before any such contract is awarded, the City Manager shall comply with all other requirements set forth in G. S. 143-129 and G. S. 143-131, and said contract shall be subject to the approval of the City Attorney. Any person aggrieved by an award made pursuant to this Section may appeal to the City Council by filing notice thereof with the City Clerk immediately following a decision granting such award."

Sec. 7. Chapter 111, subchapter D, of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by inserting therein a new Section following Section 4.111 to read as follows:

"Section 4.112. Purchase of repair parts for specialized equipment.

"All contracts authorizing the purchase of repair parts for specialized equipment for which there is only one known manufacturer and supplier shall be made only after an informal bid has been secured, without regard to the maximum limits set forth in G. S. 143-129 and G. S. 143-131."

Sec. 8. Section 4.125(c) of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by repealing the words "to be used for dwelling purposes" appearing in line 3 of said subsection.

Sec. 9. Section 4.131 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by rewriting the first sentence thereof to read as follows:

"Any officer, department head or employee who has financial interest, direct or indirect, in any proposed contract with the City or in a proposed sale of any land, material, supplies, or services to the City or to a contractor supplying the City, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such contract or sale."

Sec. 10. Section 5.41 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, is amended by adding a new paragraph at the end thereof as follows:

"In the regulation of the trades of plumbing, electrical, heating and air conditioning work, the City Council may require each person so engaged or employed to stand an examination and may charge a reasonable fee therefor."

Sec. 11. Section 5.62(b) of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by repealing the words "two but not more than four" appearing in line I of said subsection and substituting in lieu thereof the words "one but not more than three."

Sec. 12. Section 5.62 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by inserting therein a new subsection following subsection (f) as follows:

"(g) At least one but not more than three members of the Greensboro Zoning Commission, authorized by G. S. 160-177, shall be citizens and residents of the territory beyond the corporate limits of Greensboro and within one mile thereof. Members appointed from the territory beyond the corporate limits of the City of Greensboro shall be appointed in the same manner and shall have the same powers and duties as the other members of the Greensboro Zoning Commission, and the laws, ordinances, rules and regulations applicable to the members of the Greensboro Zoning Commission shall be applicable to said members."

Sec. 13. Section 5.63 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by inserting therein a new subsection following subsection (b) as follows:

"(c) No subdivision plat shall be filed or recorded until it shall have been submitted to and approved by the City of Greensboro acting by and through such board or agency thereof as is designated by ordinance adopted by the City Council and such approval entered in writing on the plat by the City Clerk."

Sec. 14. Section 5.74 of the Charter of the City of Greensboro as set forth in Section 12, Chapter 686, Session Laws of 1961, as amended, is amended by inserting therein a new subsection following subsection (e) as follows:

"(f) If a person fails to comply with an order of the Building Inspector or, upon appeal, an order of the Housing Commission to repair, alter, improve, vacate, close or demolish a building or dwelling, the Building Inspector may cause such building or dwelling to be repaired, altered, improved, vacated, closed or demolished; provided that the duties of the Building Inspector as set forth herein shall not be exercised until the Housing Commission shall have, by resolution or other written decree, ordered the Inspector to proceed to effectuate the above purposes with respect to the particular property or properties involved."

Sec. 15. Section 6.41 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by inserting therein a new subsection following subsection (b) as follows:

"(c) With respect to the use of city-owned or leased parks, playgrounds and recreation areas, the Council may: (1) Adopt rules and regulations concerning the use of such property and facilities located thereon and fix charges for camping and boating in addition to any other charges the Council may deem appropriate.

(2) Employ park rangers to enforce any such rules and regulations and any rangers so employed shall, upon taking a proper oath, have all of the powers of peace officers, including the power of arrest, for the purpose, and no other, of enforcing Federal and State laws and ordinances, rules and regulations of the City pertaining to parks and recreation areas; provided, that such park rangers shall not be police officers of the City nor shall they be eligible for membership in the Law Enforcement Officers Benefit and Retirement Fund or the Greensboro Police Emergency Fund.

(3) Exercise all other rights and privileges incident to the ownership or use of such properties."

Sec. 16. Chapter VI, subchapter A of the Charter of the City of Greensboro, as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by adding a new Article following Article 7 as follows:

"ARTICLE 8. LIBRARY BOARD OF TRUSTEES

Section 6.87. Powers and duties of the Board of Trustees of the Greensboro Public Library.

The Board of Trustees of the Greensboro Public Library shall elect one of its members as chairman. It may also elect a secretary and a treasurer and such other officers as it may deem necessary, either from the members of the Board or from the employees of the library. The duties of the Board shall be as follows:

(a) To adopt such bylaws, rules and regulations for its own guidance and for the government of the library as may be necessary and in conformity with the law.

(b) To supervise and care for the physical facilities constructed, leased or set apart for library purposes.

(c) To advise and make recommendations to the City Council concerning the lease or purchase and occupancy of appropriate building or buildings, or the erection of appropriate building or buildings upon lands acquired by gift, devise or purchase.

(d) To make recommendations to the City Manager concerning the appointment of a chief librarian or director of library services, assistant librarians and other employees, and the removal of such librarians or employees; provided, that no vacancies existing or occurring in the position of chief librarian or director in any such library shall be filled by the appointment or designation of any person who is not certified as a professional librarian by the North Carolina Library Certification Board under the provisions of G. S. 125-9 or G. S. 125-10.

(e) To make recommendations concerning the annual budget for the library to the City Manager and City Council.

(f) With the consent of the City Council extend the privileges and use of such library to nonresidents of the county or municipality, upon such terms and conditions as it may prescribe.

(g) To submit an annual report to the City Council with a copy thereof filed with the North Carolina State Library Board.

(h) To perform such other duties as may be assigned to it from time to time by the City Council.

Section 6.88. In lieu of other powers conferred by general law. The above powers and duties are in lieu of those powers and duties set out under G. S. 160-70 and are not intended to be supplementary thereto."

Sec. 17. Section 6.109 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by repealing the entire fourth sentence contained therein including that portion of the sentence following the semicolon.

Sec. 18. Section 6.112 of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by adding a new paragraph at the end thereof as follows:

"The City may, at any time following appeal, cause to be filed with the Clerk of the Superior Court a deposit of the sum of money estimated by the City to be just compensation for the taking. All condemnation proceedings instituted hereunder in which an appeal has been taken shall be preferred cases and shall be entitled to precedence over all other civil cases."

Sec. 19. Chapter VI, subchapter B of the Charter of the City of Greensboro as set forth in Section 1, Chapter 1137, Session Laws of 1959, as amended, is amended by inserting therein a new Section following Section 6.119 to read as follows:

"Section 6.120. Interest as a part of compensation. (a) To the amount awarded as damages through the Superior Court, the judge shall, as a part of just compensation, add interest at the rate of six per cent (6%) per annum on said amount from the date of taking to the date of judgment; but interest shall not be allowed from the date of deposit on so much thereof as shall have been paid into the court as provided in this Article.

(b) If the city so elects to make deposit as provided herein, the owner, owners or parties in interest may apply to the Clerk of the Superior Court for disbursement of the money deposited in the court, or any part thereof, as full compensation, or as a credit against just compensation without prejudice to further proceedings in the cause to determine just compensation. Upon such application, the clerk shall order that the money deposited be paid forthwith to the person entitled thereto in accordance with the application. The clerk shall have power to make such orders with respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as shall be just and equitable."

Sec. 20. All extensions and purported extensions of the corporate limits of the City of Greensboro are hereby declared to be valid.

Sec. 21. All proceedings of the City Council of the City of Greensboro and all work performed relative to local improvements, including street paving, sidewalk construction, water and sanitary sewer construction, including water and sanitary sewer mains, lines and laterals, and all work incidental to such local improvements and the assessments levied and assessed therefor, are hereby in all respects approved and validated.

Sec. 22. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 23. This Act shall be in full force and effect from and after its ratification with the exception of Section 3 which shall be in full force and effect from and after June 1, 1967.

In the General Assembly read three times and ratified, this the 21st day of March, 1967.