GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-68
AN ACT AMENDING THE CHARTER OF THE CITY OF ROCKINGHAM.
The General Assembly of North Carolina enacts:
SECTION 1. Section 4.1(f) of the Charter of the City of Rockingham, being Chapter 1265 of the 1973 Session Laws, as amended by Chapter 698 of the 1995 Session Laws, reads as rewritten:
"(f) The city council
shall consist of five (5) members. In the regular municipal election
in 1995 and quadrennially thereafter, three candidates shall be elected for
four-year terms. In the regular municipal election in 1997 and quadrennially
thereafter, two candidates shall be elected for four-year terms.In 2003,
two candidates shall be elected for four-year terms and one candidate shall be
elected for a two-year term. In 2005, and each regular municipal election held
biennially thereafter, two candidates shall be elected for four-year terms and
one candidate shall be elected for a two-year term. In each election, the two
candidates receiving the highest numbers of votes shall be elected for
four-year terms and the one candidate receiving the third highest number of
votes shall be elected for a two-year term. Members shall serve until their
successors are elected and qualify.qualified. Elections are shall
be conducted by the nonpartisan plurality method and the results determined
in accordance with G.S. 163-292."
SECTION 2. Section 4.2 of the Charter of the City of Rockingham, being Chapter 1265 of the 1973 Session Laws, as amended, reads as rewritten:
"Sec. 4.2. Organization of city council; oaths of
office. The city council shall at 8:00 o'clock 7:30 P.M. at the
regular meeting in December following the date of their election meet and organize
for the transaction of official municipal business. Before entering upon their
offices the councilmen shall severally take the required oath before the city
clerk to perform faithfully the duties of their respective offices. Any elected
councilman not present at the organization meeting may take the oath of office
within thirty(30) 30 days, and the failure on the part of any
elected councilman to take said oath within thirty(30) 30 days
forfeits his right to the office and the council shall have the authority to
fill the vacancy."
SECTION 3. Section 4.10 of the Charter of the City of Rockingham, being Chapter 1265 of the 1973 Session Laws, as amended, reads as rewritten:
"Sec. 4.10. Compensation for the mayor and council. The
mayor shall receive for his services such salary as the council shall determine
from time to time. The members of the council may establish a salary for its
members. The salary of the mayor and the salaries of the council may be reduced
but no increase therein shall be made to take effect during the term in which
the increase is voted and such increase shall apply only to the terms of the
members taking office after the next subsequent election.The council may
fix its salary and the salary of the mayor as provided by general law."
SECTION 4. Section 6.2 of the Charter of the City of Rockingham, being Chapter 1265 of the 1973 Session Laws, as amended, reads as rewritten:
"Sec. 6.2. 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, the clerk, the treasurer,
the tax collector, 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 city
manager.
city council shall appoint a city attorney licensed to practice law in North Carolina. It shall be the duty of the city attorney to represent the city, advise city officials, and perform other duties as required by law or as the council may prescribe."
SECTION 5. Section 6.4 of the Charter of the City of Rockingham, being Chapter 1265 of the 1973 Session Laws, as amended, reads as rewritten:
"Sec. 6.4. City treasurer finance
officer. The city treasurer finance officer shall be
appointed by the city council manager and shall receive and keep
all moneys belonging to the city and disburse the same according to law, and
keep the manager advised of the status of all funds. Whenever this charter
or any ordinance, resolution, or other document refers to the city treasurer,
the reference shall be deemed to refer to the city finance officer."
SECTION 6. Section 6.6 of the Charter of the City of Rockingham, being Chapter 1265 of the 1973 Session Laws, as amended, is repealed.
SECTION 7. Section 17.2 of the Charter of the City of Rockingham, being Chapter 1265 of the 1973 Session Laws, as amended, reads as rewritten:
"Sec. 17.2. Settlement of claims by city clerk or
treasurer.manager. The city manager, as authorized by the governing
body of the city, may settle claims against the city for:
(1) Personal
injury or damages to property when the amount involved does not exceed the sum
of $1000.00 and does not exceed the actual loss sustained, including loss of
time, medical expenses, and any other expense actually incurred.
(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 $1000.00 and does not exceed the actual loss
sustained. Any 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 reviewed and approved as to form by the city attorney. as
provided by general law."
SECTION 8. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of May, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives