NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 874

SENATE BILL 684

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF HENDERSONVILLE AND TO REPEAL PRIOR CHARTER ACTS.

 

The General Assembly of North Carolina do enact:

 

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

"THE CHARTER OF THE CITY OF HENDERSONVILLE

"ARTICLE I. INCORPORATION AND CORPORATE POWERS

"Section 1.1. Incorporation and General Powers. The City of Hendersonville, as originally incorporated by Chapter 352, as amended, of the Private Laws of 1913, shall continue to be a body politic and corporate under the name of the 'City of Hendersonville', 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.

"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.

"Sec. 1.3. 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 herein or implied hereby, or those appropriate to the exercise of such powers, the City of Hendersonville shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate.

"Sec. 1.4. Form of Government; Certain General Laws Not Applicable. The form of government of the City of Hendersonville shall be the Council-Mayor form, as specified in this Charter.

"ARTICLE II. CORPORATE BOUNDARIES

"Sec. 2.1. Existing Corporate Boundaries. The corporate boundaries of the City of Hendersonville shall be as follows until changed in accordance with law:

Beginning at a point in the original boundary line, in the center of Mud Creek, of said City, said point being one mile from a marker in front of the present County Court House, said marker being a bronze tablet imbedded in the concrete walk on a line bisecting the front steps and dome of said Court House and being 38.8 feet in front of said steps; said original boundary being a circular arc having a one-mile radius;

(1)       Thence, with the one-mile arc, westerly, an arc length of 5,601.71 feet to a concrete monument, said monument being located in the dividing line between Lots 19 and 20 of the Felix Lake Subdivision (Temple Terrace), said arc having an included angle of 60-47-12.5 and a radius of 5,280.00 feet;

(2)       Thence, leaving the one-mile arc and with the divisional line of said lots, S 51-13-46 W, 91.54 feet to a concrete monument which is the common corner of said Lots 19 and 20;

(3)       Thence, with a divisional line of said subdivisions, S 38-46-14 E, 99.84 feet to a concrete monument which is the common corner of Lots 3, 4, 17 and 18;

(4)       Thence, with the divisional line of Lots 3 and 4 of said subdivision, S 51-13-46 W, 156.29 feet to a concrete monument in the northeastern margin of Ewart Drive, said monument being the common corner of Lots 3 and 4;

(5)       Thence, with the northeastern margin of Ewart Drive, N 58-32-52 W, 102.72 feet to a concrete monument, the northwest corner of Lot 2 of said subdivision;

(6)       Thence, leaving the margin of Ewart Drive, S 50-16-36 W, 21.15 feet to a point in and near the center of said Ewart Drive;

(7)       Thence, with the Street, N 55-33-35 W, 26.60 feet to a point in the center of Ewart Drive;

(8)       Thence, N 79-08-35 W, 260.00 feet to concrete monument in the southern margin of Ewart Drive;

(9)       Thence, crossing said Ewart Drive, N 12-24-48 W, 134.00 feet to a concrete monument, an old corner of the Ewart Estate Tract;

(10)     Thence, with the northern line of said tract, N 78-16-37 E, 150.57 feet to a concrete monument:

(11)     Thence, continuing with said line, N 59-58-51 E, 364.39 feet, crossing Armstrong Avenue, to a concrete monument in the one-mile arc, said monument being 20 feet east of the centerline of Armstrong Avenue;

(12)     Thence, northerly with the one-mile arc, an arc length of 5,955.07 feet to a concrete monument in the western margin of Orleans Avenue, said margin being 15 feet from the centerline of said Street, said arc having a delta angle of 64-37-16.7 and a radius of 5,280.00 feet;

(13)     Thence, leaving the one-mile arc and with said margin of Orleans Avenue, N 5-33-48 E, 569.28 feet to a concrete monument, the end of said 15 foot margin;

(14)     Thence, N 84-18-38 W, 15.00 feet to a concrete monument, which is the beginning of a 60 foot right-of-way, being 30 feet west of the centerline of Orleans Avenue;

(15)     Thence, with said western right-of-way line of Orleans Avenue, N 4-41-20 E, 461.13 feet to a point in the centerline of Britton Creek;

(16)     Thence, with the centerline of Britton Creek, N 69-51-42 W, 407.68 feet to a point;

(17)     Thence, N 66-13-30 W, 177.73 feet to a point;

(18)     Thence, N 81-12-35 W, 244.67 feet to a point;

(19)     Thence, S 89-29-30 W, 251.05 feet to a point;

(20)     Thence, N 82-22-50 W, 243.76 feet to a point;

(21)     Thence, N 64-54-05 W, 469.10 feet to a point;

(22)     Thence, N 54-50-08 W, 263.16 feet to a point;

(23)     Thence, N 45-01-40 W, 208.61 feet to a point, said point being 75 feet west of the western margin of Blythe Street;

(24)     Thence, leaving the centerline of Britton Creek and running parallel with Blythe Street, N 34-46-49 E, 603-44 feet to a concrete monument in the western margin of Haywood Road (N.C. 191), this monument being 30 feet from the centerline of said Haywood Road;

(25)     Thence, with the western margin of Haywood Road (N.C. 191), N 61-08-00 W, 41.24 feet to a concrete monument;

(26)     Thence, northerly with a roadway curve an arc length of 255.65 feet to a point of tangency, said curve having a delta angle of 22-14-00 and a radius of 658.82 feet;

(27)     Thence, continuing with the western margin of Haywood Road, N 38-54-00 W, 21.67 feet to a concrete monument;

(28)     Thence, crossing said Haywood Road, N 32-25-10 E, 459.91 feet to a concrete monument;

(29)     Thence, N 3-01-50 E, 70.56 feet to a concrete monument;

(30)     Thence, S 83-39-40 E, 10.66 feet to a concrete monument;

(31)     Thence, N 6-36-43 W, 532.60 feet to a concrete monument;

(32)     Thence, N 7-32-17 E, 885.00 feet to a concrete monument;

(33)     Thence, N 8-19-50 E, 395.61 feet to a concrete monument;

(34)     Thence, N 8-32-00 E, 105.37 feet to a concrete monument in the northern margin of Somerset Drive;

(35)     Thence, with the northern margin of Somerset Drive, S 67-06-40 E, 117.00 feet to a concrete monument, said monument being 75 feet west of the west margin of Dartmouth Road;

(36)     Thence, leaving the northern margin of Somerset Drive, N 21-43-00 E, 642.05 feet to a concrete monument in the southern margin of Stoney Mountain Road;

(37)     Thence, with the southern margin of Stoney Mountain Road, S 67-06-40 E, 17.93 feet to a concrete monument;

(38)     Thence, crossing Stoney Mountain Road and running with the eastern margin of Florida Avenue, N 22-25-50 E, 172.04 feet to a concrete monument;

(39)     Thence, leaving the eastern margin of Florida Avenue, S 66-49-10 E, 832.62 feet to a concrete monument in the eastern margin of the U.S. Highway 25;

(40)     Thence, southerly with the eastern margin of U.S. Highway 25, being a curve, an arc length of 59.50 feet to a concrete monument in the northern margin of Houston Street, said curve having a radius of 874.50 feet and a delta angle of 3-53-54;

(41)     Thence, leaving the eastern margin of U.S. 25 and running with the northern margin of Houston Street, N 56-19-36 E, 140.00 feet to a concrete monument;

(42)     Thence, crossing Houston Street, S 33-40-24 E, 50.00 feet to a concrete monument in the southern margin of Houston Street;

(43)     Thence, leaving the southern margin of Houston Street, S 33-47-24 E, 499.92 feet to a concrete monument in the northern margin of Dixon Drive;

(44)     Thence, crossing Dixon Drive, S 32-43-40 E, 49.70 feet to a concrete monument in the southern margin of Dixon Drive;

(45)     Thence, S 33-27-50 E, 248.70 feet to a concrete monument in the northern margin of Franklin Street;

(46)     Thence, with the northern margin of Franklin Street, N 56-25-54 E, 144.50 feet to a concrete monument at the intersection of the northern margin of Franklin Street with the Western margin of Stoney View Drive;

(47)     Thence, crossing Stoney View Drive and continuing with the northern margin of Franklin Street, N 56-01-54 E, 693.89 feet to a concrete monument 100 feet west of the centerline of the Southern Railway;

(48)     Thence, parallel with and 100 feet west of the centerline of the Southern Railway, S 9-47-39 E, 1,136.77 feet to a concrete monument, the point of curvature;

(49)     Thence, with the curve, easterly, an arc length of 844.80 feet to a concrete monument, the point of tangency, said curve having a radius of 1,282.27 feet and a delta angle of 37-44-53;

(50)     Thence, S 47-32-32 E, 2,448.44 feet to a concrete monument;

(51)     Thence, S 46-12-02 E, 59.51 feet to a concrete monument in the one-mile arc, the original boundary, said monument being 100 feet west of the centerline of the Southern Railway;

(52)     Thence, easterly with the one-mile arc, 1,703.71 feet to the centerline of Mud Creek, said arc having a delta angle of 18-29-15.9 and a radius of 5,280.00 feet;

(53)     Thence, southerly with the centerline of Mud Creek, S 37-40-28 E, 1,802.33 feet to a plaque on the southern margin of 7th Avenue East bridge and over the centerline of said Creek;

(54)     Thence, continuing southerly with the centerline of Mud Creek, S 27-07-19 E, 144.91 feet to a point;

(55)     Thence, S 8-37-12 E, 925.30 feet to a point in the centerline of said Creek;

(56)     Thence, S 7-26-11 W, 1,190.45 feet to a point in the centerline of Mud Creek;

(57)     Thence, S 8-59-55 W, 1,340.52 feet to a point in the centerline of Mud Creek;

(58)     Thence, S 41-24-36 W, 428.97 feet to a point in the centerline of Mud Creek and being on the centerline of Southern Railway line to Spartanburg;

(59)     Thence, S 66-22-58 W, 528.22 feet to a point in the centerline of Mud Creek;

(60)     Thence, S 51-07-15 W, 679.35 feet to a point in the centerline of Mud Creek;

(61)     Thence, S 44-26-14 W, 185.84 feet to a point in the centerline of Mud Creek;

(62)     Thence, continuing with the centerline of Mud Creek, S 32-40-55 W, 1,497.89 feet to a plaque on the top of the western rail of the South Main Street Bridge, said plaque being over the centerline of Mud Creek;

(63)     Thence, leaving the centerline of Mud Creek and running with the center of said western bridge rail and the western margin of U.S. Highway 25, S 13-33-46 E, 40.88 feet to a point, said point being the southern face of said bridge rail;

(64)     Thence, continuing with the western margin of U.S. Highway 25, S 14-57-52 E, 201.32 feet to a concrete monument in the western margin of said U.S. Highway 25;

(65)     Thence, S 14-27-52 E, 75.00 feet to a concrete monument in the western margin of said U.S. Highway 25;

(66)     Thence, S 14-26-26 E, 150.00 feet to a concrete monument in the western margin of said U.S. Highway 25, said monument being 5.08 feet from the edge of pavement of said Highway and the northeast corner of the property of Northwestern Bank;

(67)     Thence, leaving the western margin and crossing said U.S. Highway 25, N 82-11-59 E, 46.38 feet to a concrete monument in the eastern margin of said Highway, said margin being 30 feet from the centerline;

(68)     Thence, with the eastern margin of U.S. Highway 25, N 14-23-01 E, 70.27 feet to a concrete monument;

(69)     Thence, leaving the eastern margin of said U.S. Highway 25 and with a curve to the right, an arc length of 47.47 feet to a concrete monument in the western margin of U.S. Highway 176, said margin being 30 feet from the centerline of U.S. Highway 176 and said curve having a delta angle of 143-54-54 and a radius of 18.50 feet;

(70)     Thence, with the western margin of U.S. Highway 176, and with a curve to the left, an arc length of 213.81 feet to a concrete monument 30 feet from the centerline of said Highway, said curve having a delta angle of 25-13-03 and a radius of 485.80 feet;

(71)     Thence, leaving the western margin of U.S. Highway 176, S 6-37-16 W, 143.88 feet to a concrete monument in the northern line of Lot 32 of the Brownlow Jackson (Business Center) Subdivision;

(72)     Thence, with the northern line of said Lot 32, S 87-10-44 E, 25.00 feet to a concrete monument, the common corner of Lots 30, 31 and 32 of said Subdivision;

(73)     Thence, with a divisional line of said Subdivision, S 13-19-16 W, 86.26 feet to a concrete monument, a corner in the eastern line of Lot 35;

(74)     Thence, continuing with the divisional line of said Subdivision, S 6-15-31 E, 31.50 feet to a concrete monument, the common corner of Lots 30, 36, 37 and 77;

(75)     Thence, with a divisional line of said Subdivision, N 83-44-29 E, 50.00 feet to a concrete monument, the common corner of Lots 28, 78 and 79 of said Subdivision;

(76)     Thence, with the divisional line of Lots 78 and 79, S 6-15-31 E, 150.00 feet to a concrete monument, the common corner of Lots 78 and 79 of said Subdivision and being the northern margin of Sides Street;

(77)     Thence, with the southern line of Lots 78, 77 and 42 and the northern margin of Sides Street, S 83-44-29 W, 200.00 feet to a concrete monument, the southwest corner of Lot 42 of said Subdivision, said monument being in the eastern margin of U.S. Highway 25;

(78)     Thence, crossing U.S. Highway 25, S 83-44-29 W, 52.96 feet to a concrete monument in the western margin of U.S. Highway 25;

(79)     Thence, with the western margin of U.S. Highway 25, said margin being at varying distances from the centerline of said Highway, S 6-19-22 E, 256.68 feet to a concrete monument;

(80)     Thence, S 7-58-45 E, 178.12 feet to a concrete monument;

(81)     Thence, S 7-58-45 E, 69.50 feet to a concrete monument;

(82)     Thence, S 16-37-22 E, 99.00 feet to a concrete monument;

(83)     Thence, S 20-59-22 E, 75.00 feet to a concrete monument;

(84)     Thence, S 20-57-19 E, 54.14 feet to a concrete monument;

(85)     Thence, S 29-39-22 E, 50.00 feet to a concrete monument;

(86)     Thence, S 32-03-22 E, 117.50 feet to a concrete monument;

(87)     Thence, leaving the western margin of U.S. Highway 25, S 53-36-22 W, 291.25 feet to a point in the centerline of a drainage ditch, said ditch being a divisional property line;

(88)     Thence, with the centerline of said ditch, N 75-25-06 W, 246.50 feet to a point in the centerline of Johnson's Drainage Ditch;

(89)     Thence, with the centerline of Johnson's Drainage Ditch, N 9-03-31 E, 221.50 feet to a 1 1/2 inch iron pipe;

(90)     Thence, leaving the centerline of said Johnson's Drainage Ditch, N 2-07-33 E, 339.05 feet to a concrete monument, said monument being the northwest corner of the William E. Ashby property;

(91)     Thence, with Ashby's northern line, S 85-36-55 E, 55.00 feet to a concrete monument, said monument being the southwest corner of the Biltmore Dairy property;

(92)     Thence, with the western line of the said Biltmore Dairy property, N 15-48-05 E, 188.62 feet to a concrete monument, said monument being the northwest corner of said Biltmore Dairy property, and in L. A. Gossett's southern line;

(93)     Thence, with said Gossett's southern line, N 80-36-55 W, 105.00 feet to a concrete monument, said monument being Gossett's southwest corner and the eastern margin of Sheppard Avenue;

(94)     Thence, with the eastern margin of Sheppard Avenue, N 16-23-05 E, 50.00 feet to a concrete monument, said monument being Gossett's northwest corner;

(95)     Thence, crossing Sheppard Avenue, N 81-51-55 W, 25.00 feet to a concrete monument in the western margin of Sheppard Avenue;

(96)     Thence, with the western margin of Sheppard Avenue, N 16-23-05 E, 301.84 feet to a concrete monument at the intersection of the western margin of said Sheppard Avenue and the southern margin of White Street, said margin of White Street being 20 feet from the centerline;

(97)     Thence, with the southern margin of White Street, N 75-46-54 W, 263.40 feet to a point 20 feet south of the centerline of said White Street and in the centerline of Mud Creek;

(98)     Thence, with the centerline of Mud Creek, S 16-50-04 W, 2,388.29 feet to the point of Beginning.

"Sec. 2.2. Extension of Corporate Boundaries. All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.

"ARTICLE III. MAYOR AND CITY COUNCIL

"Sec. 3.1. Composition of City Council. The City Council shall consist of four members to be elected by and from all the qualified voters of the City voting in the manner provided in Article IV.

"Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall be elected by all the qualified voters of the municipality for a term of four years. The Mayor shall be the official head of the City government and shall preside at all meetings of the City Council. The Mayor shall have the power to vote on all questions coming before the Council, but shall have no power to veto. The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the City. The City Council shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Council.

"Sec. 3.3. Terms; Qualifications; Vacancies. (a)  The members of the City Council shall serve for terms of four years, and the Mayor shall serve for a term of four years or shall serve until their successors are elected and qualify. The term of office of the members of the City Council shall commence as provided by law and continue for a period of four years thereafter.

(b)       No person shall be eligible to be a candidate or be elected as a member of the City Council, or to serve in such capacity, unless he is a resident and a qualified voter of the City.

(c)       In the event a vacancy occurs in the office of Mayor, the remaining members of the Council shall by majority vote choose from their own members his successor for the unexpired term. Any vacancy in the office of Councilman shall be filled by majority vote of the Mayor and the remaining members of the Council until the next election.

"Sec. 3.4. Compensation of Mayor and Councilmen. The Mayor shall receive for his services such salary as the City Council shall determine, and no increase or reduction in his salary shall be made to take effect during the term in which it is voted. The Council may establish a salary for its members which may be increased or reduced, but no increase shall be made to take effect as to any Councilman during the respective term of office which he is serving at the time the increase is voted.

"Sec. 3.5. Organization of Council; Oaths of Office. The City Council shall meet and organize for the transaction of business at a time established by Section 3.3 of this Article following each general election. Before entering upon their offices, the Mayor and each Councilman shall take, subscribe and have entered upon the minutes of the Council the oath of office required by Article VI, Section 7, of the Constitution of North Carolina.

"Sec. 3.6. Meetings of Council. (a)  The City Council shall fix suitable times for its regular meetings, which shall be at least as often as once monthly. Special meetings may be held on the call of the Mayor or a majority of the Council and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

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

"Sec. 3.7. Quorum; Votes. (a)  A majority of the members elected to the City Council shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

(b)       Three affirmative votes, which may include the vote of the Mayor, shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of those present and voting.

"Sec. 3.8. Ordinances and Resolutions. The adoption amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the Council. The enacting clause of all ordinances shall be: 'Be it ordained by the City Council of the City of Hendersonville.' All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. ELECTION PROCEDURES

"Sec. 4.1. Regular Municipal Elections. Regular municipal elections shall be held quadrennially on the date provided by law. In each election year, there shall be elected by the qualified voters of the City four Councilmen (in addition to the Mayor) to serve for terms of four years, or until their successors are elected and qualified.

"Sec. 4.2. Regular Municipal Primaries. There shall be a regular municipal primary at which each political party shall nominate four candidates for City Commissioners and one for the office of Mayor, to be filled at the regular municipal election.

"Sec. 4.3. Voting. Each voter shall be entitled to vote for four candidates for Councilmen for a term of four years and one candidate for Mayor for a term of four years. The four (4) candidates for Councilmen receiving the highest number of votes cast, and the one candidate for Mayor receiving the highest number of votes cast shall be declared elected.

"Sec. 4.4. Regulation of Elections. All municipal elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise herein provided.

"ARTICLE V. CITY MANAGER

"Sec. 5.1. Appointment of City Manager. The City Council may appoint a City Manager for an indefinite term and may fix his compensation. The Manager shall be appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the City or state at the time of his appointment, but shall become a resident of the City as soon after his appointment as possible. He shall not be deemed an officer of the City within the meaning of Article VI, Section 9, or Article VI, Section 7 of the Constitution of North Carolina.

"Sec. 5.2. Chief Administrator. The City Manager shall be responsible to the City Council for the proper administration of all of the affairs of the City. As Chief Administrator, the City Manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the City (except as noted in Sec. 5.4 of this Article) and except the City Attorney and the City Clerk, who shall be appointed as herein provided. Neither the Mayor nor the City Council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the City Manager, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Mayor and the City Council and its members shall deal with officers and employees in the administrative service only through the City Manager, and neither the Mayor nor the City Council nor any of its members shall give orders or direction to any subordinate of the City Manager, either publicly or privately, with the exceptions herein set forth.

"Sec. 5.3. Powers and Duties of Manager. The manager shall be the chief administrator of the City. He shall be responsible to the Council for the administration of all municipal affairs placed in his charge by them, and shall have the following powers and duties:

(a)       He shall appoint and, when he deems it necessary for the good of the service, suspend or remove all municipal employees in accordance with such general personnel rules, regulations, policies, or ordinances as the Council may adopt, except the City Attorney and the City Clerk.

(b)       He shall direct and supervise the administration of all departments, offices, and agencies of the City, subject to the general direction and control of the Council, except as otherwise provided by law.

(c)       He shall attend all meetings of the Council and recommend for adoption such measures as he shall deem expedient.

(d)       He shall see that all laws of the State and the ordinances, resolutions, and regulations of the Council are faithfully executed within the City.

(e)       He shall prepare and submit the annual budget and capital program to the Council.

(f)        He shall submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of the fiscal year.

(g)       He shall make such other reports as the Council may require concerning the operations of City departments, offices, and agencies subject to his direction and control.

(h)       He shall perform such other duties as may be required or authorized by the Council, and generally promulgate the policies of the City as established by the City Council.

"Sec. 5.4. Administration, Board, and Employees of the Hendersonville Alcoholic Board of Control and Hendersonville City Board of Education. The City Manager shall have no responsibility for, nor power of appointment or removal of any member of the board or employee of, the Hendersonville Alcoholic Board of Control and the Hendersonville City Board of Education, nor shall he be responsible for the general administration thereof, such power, and all attendant and incidental control and authority being expressly reserved to the City Council.

"ARTICLE VI. CITY ATTORNEY

"Sec. 6.1. Appointment; Qualifications; Terms; Compensation. The City Council shall appoint a City Attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the City during his tenure. The City Attorney shall serve at the pleasure of the Council and shall receive such compensation as the Council shall determine.

"Sec. 6.2. Duty of the City Attorney. It shall be the duty of the City Attorney to prosecute and defend suits for and against the City; to advise the Mayor, City Council, City Manager, and other City officials with respect to the affairs of the City; to draw all legal documents relating to the affairs of the City; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the City may be concerned; to attend all meetings of the City Council; and to perform such other duties as may be required of him by virtue of his position of City Attorney.

"ARTICLE VII.

"ADMINISTRATIVE OFFICERS AND EMPLOYEES AND CITY COUNCIL

"Sec. 7.1. City Clerk. The City Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the City Council may direct.

"Sec. 7.2. City Tax Collection. The Council and the City Manager may appoint a Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the City, subject to the provisions of this Charter and the ordinances of the City, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

"Sec. 7.3. City Accountant. The Council and the City Manager may appoint a City Accountant to perform the duties of the Accountant as required by the Municipal Fiscal Control Act.

"Sec. 7.4. Consolidation of Functions. The Council or the City Manager may, with the approval of the City Council, consolidate any two or more of the positions of City Clerk, City Tax Collector, and City Accountant, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions. The City Manager may also, with the approval of the City Council, himself perform all or any part of the functions of any of the named offices, in lieu of appointing other persons to perform the same.

"Sec. 7.5. Political Activity of Officials and Employees. No appointed employee or official of the City shall be a candidate for any public office or any office or position in any political organization, unless he shall first resign from his position with the City. The filing or announcing as a candidate for any such office or position by any such official or employee shall ipso facto create a vacancy in his office or position with the City.

"ARTICLE VIII. FINANCE AND TAXATION

"Sec. 8.1. Custody of City Money. All moneys received by the City for or in connection with the business of the City government shall be paid promptly into the City depository. Such institution shall be designated by the City Council in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the City shall accrue to the benefit of the City. All moneys belonging to the City shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.

"Sec. 8.2. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the City government by a certified public accountant or a qualified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the City or of any of its officers. The City Council shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the City, and may be published if so ordered by the City Council.

"Sec. 8.3. Delinquent Taxes to General Fund. The City Council may, in its discretion, direct the payment into the General Fund of all or any part of the proceeds of taxes which are collected subsequent to the end of the fiscal year for which they were levied.

"ARTICLE IX. DISPOSAL OF PROPERTY

"Sec. 9.1. Disposal of Surplus Real Property. Subject to the provisions of subsection (c) of this Section, the Mayor and City Council shall have power, in addition to the power granted by G.S. 160-59, by their unanimous vote to dispose of any real property which the Council has declared to be surplus, in the following manner:

(a)       without bids or advertisement, at private sale, if the property has a market value of not more than two thousand dollars ($2,000.00);

(b)       without bids or advertisement, by exchange for real property of like or greater market value.

(c)       No sale or exchange of real property authorized by this Section shall be ordered by the Mayor and City Council unless they shall have caused to be published at least once in each of the two calendar weeks immediately preceding the vote authorizing such sale in a newspaper having general circulation in the City a notice of their intention to consider such sale or exchange.

"Sec. 9.2. Disposal of Surplus Personal Property. The City Council shall have power, in addition to the power granted by G.S. 160-59, to sell or to direct any of its officers or employees to sell any personal property, which the Council has declared to be surplus property, in the following manner:

(a)       without bids or advertisement, at private sale, if the property has a market value of five hundred dollars ($500.00) or less;

(b)       to the highest bidder upon receipt of informal written bids, with only such advertisement as the Council may direct, if the property has a market value of more than five hundred dollars ($500.00) but no more than two thousand dollars ($2,000.00); provided, all such bids received shall be recorded on the minutes of the Council;

(c)       to the highest bidder upon receipt of sealed bids after one week's public notice, if the property has a market value in excess of two thousand dollars ($2,000.00); provided, all such sealed bid proposals shall be opened in public and recorded on the minutes of the Council.

"ARTICLE X. POLICE

"Sec. 10.1. 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 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 have within the corporate limits.

"Sec. 10.2. Effect of Ordinances on City Property. All applicable ordinances of the City shall have full force and effect upon and within all property and facilities owned by the City, whether located within or outside the corporate limits.

"ARTICLE XI. STREET IMPROVEMENTS: ASSESSMENT OF COSTS

"Sec. 11.1. Authority. In addition to any authority which is now or may hereafter be granted by general law to the City for making street improvements, the City Council is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this Article.

"Sec. 11.2. 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 finding by the Council as a fact:

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

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

(c)       That it is in the public interest to widen a street, or part thereof, which is already improved; provided, that assessments 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 standard 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 Article.

"Sec. 11.3. Street Improvement Defined. For the purposes of this Article, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters and street drainage facilities.

"Sec. 11.4. 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. 11.5. 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 XII. SIDEWALKS

"Sec. 12.1. Assessment of Costs. In addition to any authority which is now or may hereafter be granted by general law to the City for making sidewalk improvements, the City Council is hereby authorized to order to be made or to make sidewalk improvements or repairs according to standards and specifications of the City, and to assess the total cost thereof against abutting property owners; provided, however, that the Council may order the cost of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street. In ordering sidewalk improvements or repairs under authority of this Section, 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. The effect of levying assessments under authority of this Section shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.

"Sec. 12.2. Maintenance of Sidewalks. It shall be the duty of every property owner in the City to maintain in good repair and to keep clean and free of debris, trash, snow and other obstacles or impediments of the sidewalks abutting his property.

"Sec. 12.3. City May Repair or Clean: Charges. The City Council may by ordinance establish a procedure whereby City forces may repair or clean any sidewalk or remove therefrom any debris or trash after failure of the abutting property owner after ten days notice to do so. In such event, the cost of such repair or 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. The authority and procedure of this Section as to repair of sidewalks shall be supplementary to the authority and procedure of Section 12.1 and the City Council may, in it discretion, proceed under either Section in causing sidewalks to be repaired.

"ARTICLE XIII. REFUSE, WEEDS, AND TRASH

"Sec. 13.1. 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. 13.2. 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 ten 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 XIV. REGULATORY POWERS

"Sec. 14.1. Regulatory Codes. The City Council is hereby authorized to make effective and to enforce within the territory lying outside the corporate limits and within one mile thereof all ordinances and codes of the City regulating the construction and repair of buildings, including building codes, plumbing codes, electrical codes, heating and air conditioning codes, fire prevention codes, minimum housing codes adopted pursuant to Article 15 of Chapter 160 of the General Statutes, and ordinances adopted pursuant to G.S. 160-200(28) relating to unsafe buildings. In addition, the City Council is hereby authorized to enforce in such area the North Carolina State Building Code, the North Carolina State Plumbing Code, and the North Carolina Uniform Residential Building Code, all as published by the North Carolina Building Code Council. Such enforcement powers shall include the power to require that prior to the beginning of any construction, reconstruction, or alteration of any building or structure or any part or system thereof within such area, the appropriate permit or permits be obtained from the City; provided, that the City Council may by ordinance require that the contractor or other person charged with such construction, reconstruction, or alteration secure such permit or permits, rather than requiring the owner of the property to do so.

"ARTICLE XV. CLAIMS AGAINST THE CITY

"Sec. 15.1. Presentation of Claims; Suit Upon Claims. (a)  All claims or demands against the City of Hendersonville arising in tort or in contract shall be presented to the City Council in writing, signed by the claimant, his attorney or agent, within ninety days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within thirty days or after the expiration of twelve months from the time said claim or demand is so presented. Unless the claim or demand is so presented within ninety days after the cause of action accrues, and unless suit is brought within twelve months thereafter, any action thereon is barred.

(b)       No action shall be instituted against the City on account of damages to or compensation fro real property taken or used by the City for any public purpose, or for the ejectment of the City therefrom, or to remove a cloud upon on the title thereof, 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 property alleged to have been used, and the amount of the 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 his 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. 15.2. Settlement of Claims by Mayor or City Manager. The Mayor or City Manager may, with the approval of the City Council, settle claims against the City for (1) personal injuries 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 intersections of streets, 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 Mayor or City Manager pursuant to this Section shall constitute a complete release of the City from any and all damages sustained by person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such settlements, and all such releases, shall be approved in advance by the City Attorney.

"ARTICLE XVI. PURPOSE AND VALIDATION

"Sec. 16.1. The purpose of this Act is to revise the Charter of the City of Hendersonville and to consolidate herein certain acts concerning the property, affairs, and government of the City. It is intended to continue without interruption those provisions of prior acts which are consolidated into this Act, so that all rights and liabilities that have accrued are preserved and may be enforced.

"Sec. 16.2. This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following acts, portions of acts, or amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set forth herein:

(a)       Any acts concerning the property, affairs, or government of public schools in the city of Hendersonville;

(b)       Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.

"Sec. 16.3. (a)  All laws, clauses of laws, ordinances, acts, public and local, and existing Charters in conflict with this Act are hereby repealed.

(b)       All public laws, and public-local laws, applicable in the City of Hendersonville, and in contravention of the Judicial Department Act of 1965, are hereby repealed.

"Sec. 16.4. No provision of this Act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

(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 ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this Act.

"Sec. 16.5. 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. 16.6. (a)  All existing ordinances and resolutions of the City of Hendersonville, and all existing rules or regulations of departments or agencies of the City of Hendersonville, not inconsistent with the provisions of this Act shall continue in full force and effect until repealed, modified or amended; and pursuant to Section 16.4(a), hereinbefore appearing, all rights, privileges, duties, responsibilities, and regulations incidental to the Civil Service Act applicable to the City of Hendersonville, both accrued and to be accrued, shall be and remain in full force and effect and no portion thereof shall be deemed to be altered, amended or repealed by this Act, or any portion thereof.

(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 Hendersonville or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.

"Sec. 16.7. 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 provisions or application, and to this end the provisions of this Act are declared to be severable.

"Sec. 16.8. (a)  'Article V. City Manager' and each and every Section thereof and each other reference in this Charter to the City Manager shall not become effective until the same shall have been submitted to, and approved by, a majority of the qualified voting voters of the City of Hendersonville in a special referendum called for this purpose and in conformance with the general election laws of the State as provided in such instances, said referendum to be called by the City Council at a time of its selection."

Sec. 2. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 3. This act shall become effective upon ratification except for the provisions in Article V of this act.

In the General Assembly read three times and ratified, this the 16th day of July, 1971.