NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 938

HOUSE BILL 1058

 

 

AN ACT TO REVISE AND MODIFY THE CHARTER OF THE CITY OF ROCKY MOUNT.

 

WHEREAS, owing to the growth of the City of Rocky Mount and the changes in the times, the Charter of said City is no longer suited to its needs; and

WHEREAS, it is desirous that the same be revised and modified as herein set forth: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. The Charter of the City of Rocky Mount is hereby revised and modified to read as follows:

"CHAPTER I

Definitions

"Section 1. As used herein, the following words are hereby defined to mean as set forth, unless otherwise clearly required by the context:

(a)       City: The word 'City' shall mean the City of Rocky Mount.

(b)       City Council: The word 'City Council' shall mean the City Council of the City of Rocky Mount.

"CHAPTER II

Organization and Powers

ARTICLE 1

City Boundaries

"Sec. 2. Existing City Boundaries: The boundaries of the City shall be those existing at the time of the effective date of this Charter with such alterations as may from time to time thereafter be made in the manner provided by law.

"Sec. 3. Extension of City Boundaries: The General Statutes of North Carolina, as now existing and from time to time amended, shall govern the means by which the boundaries of the City are extended or territory is annexed to the City.

"Sec. 4. The City shall be divided into seven wards, the boundaries of which shall be those existing at the time of the effective date of this Charter, with such changes thereof as may from time to time be made by a five-sevenths vote of all of the members of the City Council. In all cases in which territory is annexed to the City, the City Council shall have power to designate the ward or wards to which such territory shall be annexed and to relocate the boundaries of the other wards when desirable. In exercising the authority herein contained, the City Council shall at all times endeavor to maintain, so far as feasible, equality of population in the several wards of the City.

"ARTICLE 2

Corporate Powers

"Sec. 10. General Rights and Powers: The City shall have perpetual succession and shall possess all franchises, powers and authorities now belonging to the City or which are granted herein or which are now or hereafter granted to cities and towns by the Constitution and the General Statutes of North Carolina, including implied franchises, powers and authorities necessary to the same. Among other things, the City shall possess the power and authority to:

(a)       Adopt a corporate seal and alter or renew the same at its pleasure; contract and be contracted with; sue and be sued, plead and be impleaded; acquire by purchase, devise, bequest or otherwise such real and personal property within or without the City as may by the City Council be deemed requisite and necessary for the proper government of the City or for the welfare, improvement and convenience of its inhabitants, and from time to time alienate the same irrespective of whether the same shall have been acquired for a governmental purpose.

(b)       To preserve the public peace, quiet and good order, and to prevent and quell riots and all other disturbances, disorderly assemblages and disorderly conduct.

(c)       To regulate or prohibit the sale, use and storage of gunpowder, dynamite, gasoline, naphtha and all other dangerous explosive or combustible substances within the corporate limits of said City, or within one mile thereof; to regulate or prohibit the discharge of firearms or the firing or setting off of fireworks or other explosives within said corporate limits or within one mile thereof.

(d)       To regulate or prohibit the establishment and maintenance of any slaughter house or slaughter pen, or other place productive of noisome and offensive odors or the exercise of any dangerous, offensive or unhealthy trade, business or employment within the corporate limits of the City, or within one mile thereof; and the City Council may abate such nuisances at the expense of the person or persons causing the same, or at the expense of the owner or the tenant in charge of the lands upon which any such nuisances shall be maintained.

(e)       To regulate or prohibit the keeping of dogs, cats, rabbits, horses, mules, cattle, swine, goats, chickens, geese, turkeys and other barnyard fowls and quadrupeds or brutes within the corporate limits of the City; to establish and maintain one or more City pounds; to prohibit the running at large or all dogs, cats, horses, mules, cattle, swine, goats, chickens, geese, turkeys and other barnyard fowls and quadrupeds or brutes; and to adopt all necessary rules and regulations as to the impounding and sale, or other disposition, of the quadrupeds and fowls enumerated above.

(f)        To establish and maintain, within or without the corporate limits of the City, one or more City cemeteries; to regulate or prohibit the location and establishment of other cemeteries and interments inside the corporate limits of the City and within two miles thereof.

(g)       To provide for the maintenance and repair of all public streets, sidewalks and alleys of the City, and to regulate and establish the width and grade of such public streets, sidewalks and alleys, and to change the names thereof when deemed advisable; to establish new streets, public alleys and parks when deemed a public necessity; to provide for the planting, care and protection of shade trees in the streets and parks of the City; to provide for the obstruction of the streets, sidewalks, public alleys and parks of the City, and to generally regulate and control the use of the same.

(h)       To regulate the operation of automobiles and motor cars within the corporate limits of the City; to regulate the speed of trains, engines and cars on all railroads within the City; to regulate the length of time that trains may block crossings within the City; and to regulate or, in the discretion of City Council, to prohibit the use of bicycles, go-carts and other like vehicles upon the sidewalks of the City; provided, however, that nothing in this subsection shall preclude the right of a railroad company to file a petition with respect to any such action by the City in appropriate instances in accordance with the provisions of G. S. 62-60, as amended.

(i)        To regulate or prohibit the blowing of whistles, ringing of bells, amplification of sound and otherwise regulate and prohibit the emission of sound and noise within the corporate limits of the City and one mile thereof.

(j)        To regulate the quality and wholesomeness of all foods sold within the corporate limits of the City and to prohibit the sale of tainted or otherwise unwholesome meats, fish and other foodstuffs.

(k)       To regulate or prohibit all sports, theatrical exhibitions, agricultural or other fairs, circuses, tent revivals, exhibitions and other public performances and exhibitions within the corporate limits of the City.

(l)        To provide for the maintenance of a City Fire Department, and the organization and equipment of fire companies.

(m)      To establish one or more fire districts in the City, and to control the nature and construction of all improvements located within the boundaries of the same, and from time to time to change the boundaries thereof; to prescribe rules and regulations governing the location, nature and construction of all improvements now or hereafter to be erected within the corporate limits of the City or within one mile thereof.

(n)       To erect or purchase such buildings as may be deemed necessary for the needs of the City, and to alter and repair the same; or, in lieu thereof, to rent such building or buildings as may be deemed necessary therefor for terms of one or more years.

(o)       To establish, operate and maintain for the use of the City and its citizens public utility services and to sell such utility services to its citizens and others, both within and without the corporate limits, subject to such rules and regulations as may be promulgated by the City Council and other regulatory authorities having jurisdiction over the same.

(o-1)   To grant franchises to private persons, natural or corporate, or combinations of such persons, for the establishment of public utilities and the sale of utility services within the corporate limits of the City for such term and upon such conditions as the City Council shall deem appropriate and as are provided in Chapter IX, Article 6 of this Charter and to make such charges for such franchise privileges as the City Council deems proper and as are not contrary to law.

(p)       To appoint a City Sanitary Inspector, to prescribe his duties, and to confer upon him such powers as may be necessary for the proper discharge of such duties; to regulate or prohibit the location and care of all surface privies.

(q)       To grant franchises affecting the use of the public streets, street rights of way, alleys and parks of the City, subject to all such restrictions and limitations as the public welfare demands and to make such charges therefor as the City Council deems proper and as are not contrary to law. Franchises shall be granted in accordance with Chapter IX, Article 6 of this Charter. No person (natural or corporate) or combination or association of such persons shall use the public streets, street rights of way, or alleys of the City for nonstreet or nonvehicular purposes except upon the grant of a franchise by the City Council.

(r)        To license such trades, callings, businesses and professions as the City Council shall by law be authorized and empowered to levy or impose a license tax upon and to prescribe rules and regulations governing the granting and issuing of the same.

(s)       To authorize and require from time to time the revisal and codification of the ordinances of the City, and such codification of the ordinances of the City shall be known as the 'Code of the City of Rocky Mount', and any copy thereof shall be receivable in all courts as prima facie evidence of the contents of such ordinances, rules and regulations.

(t)        To provide, by the establishment of a plan or by participating in plans established by the State of North Carolina or otherwise, for the pensioning of City employees who shall become superannuated, disabled or injured in the service of the City and for the relief of the families of deceased City employees and to appropriate funds therefor from the general revenues of the City. In any such plan established by the City, the same may be administered by a corporate trustee, licensed to do business in North Carolina. All funds appropriated for such purpose shall be invested by such trustee in the manner prescribed by law for domestic life insurance companies in North Carolina, except that investments in common stocks may be up to but not exceeding thirty per cent (30%) of the value of the corpus of the trust.

(u)       To acquire lands by purchase, lease, gift, condemnation or otherwise for use as a civic center, athletic field or recreation center, or other recreational purposes, for the benefit and use of its citizens and to equip, develop, maintain, and operate the same; to lease the same and to charge a fee for its use; to prescribe rules and regulations for the operation and management of the same; to delegate to a commission appointed by it the operation and management of the same; to use in its discretion, for the purpose of acquiring and maintaining the same funds from the general revenue of the City, the operation of its municipal utilities, the sale of bonds of the City or otherwise.

(v)       To acquire lands by purchase, lease, gift, condemnation or otherwise as a site for a Municipal Civic Center, Coliseum or Gymnasium, and to construct the same thereon for the use of its citizens and to equip, develop, maintain and operate the same, to lease the same; to prescribe rules and regulations for the operation and management of the same; to use, in its discretion, for the purpose of acquiring, erecting and maintaining the same, funds from the general revenue of the City, the operation of its municipal utilities, or the sale of bonds of the City, or otherwise.

(w)      To appropriate annually from revenues received from the utility services established by the City, or from funds received in lieu of telephone franchise taxes under G. S. 105-120, an amount not exceeding the sum of twenty-five thousand dollars ($25,000.00) for advertising said facilities or for developing commerce, trade, business and industry within the City or its environs in the manner provided in paragraph (x) hereof. Funds so appropriated may be expended either directly by the City Council or by the City of Rocky Mount Business Development Authority, or any agency, as and in such manner as the City Council may direct.

(x)       To promote the health, safety, morals, right of gainful employment, industrial and commercial opportunities and general welfare of the inhabitants of the City, either directly or through such instrumentalities or agencies as exist or may exist (including City of Rocky Mount Business Development Authority) for the public purpose of alleviating unemployment with its resulting spread of indigency and economic stagnation, by fostering and promoting business and industry and developing commerce and trade and inducing the location of manufacturing, industrial and commercial enterprises in or about the City by advertising, establishing industrial parks, extending electric, natural gas and water and sewer lines, and by acquiring real and personal property, owning, improving, equipping and maintaining the same, and selling, leasing, exchanging and conveying said property in furtherance of said purposes.

(y)       To regulate all taxis, buses, ambulances and other vehicles operated for hire in the City, to license the owners and operators thereof and to prescribe and enforce such other rules and regulations for the operation thereof as will fully protect the public, including the charges to be made therefor.

(z)       To regulate or prohibit junk yards and other places where junked automobiles, scrap metal and other junk are dismantled or stored within the corporate limits of the City or within two miles thereof.

(aa)     To regulate or prohibit the emission of smoke and other substances of an unpure or polluted nature into the atmosphere and in general to control the pollution of air inside the City and within one mile thereof.

(bb)     To regulate or prohibit boxing and wrestling matches or exhibitions.

(cc)     To do any and all such things as are deemed by the City Council necessary and requisite to establish, promote, advance and maintain the general welfare, culture, morals and economy of the City, its environs and inhabitants.

"Sec. 11. (a) Exercise of Powers: Except as may be otherwise provided, all powers and authorities granted hereby are vested in the City Council and shall be carried into execution as provided by this Charter, or if this Charter makes no provision, as provided by law.

(b)       The enumeration of particular powers, rights, privileges, franchises, and immunities by this Charter, or those by implication necessary or appropriate to the exercise thereof, shall not be held or deemed to be exclusive but shall be in addition to those now conferred upon municipal corporations by the General Statutes and Constitution of North Carolina and all future amendments thereto.

"ARTICLE 3

Amendments

"Sec. 21. Amendments: This Charter shall be amended only by Act of the General Assembly of North Carolina.

"ARTICLE 4

Publication of Charter

"Sec. 22. Publication of Charter: The City Council shall, upon the enactment of this Charter, cause sufficient copies of the same to be printed so as to enable each governing official of the City to have available to him a copy of the same. All such copies shall be certified by the City Clerk. Such copies of this Charter, and all published amendments thereto, as are certified by the City Clerk shall be admitted into evidence in all courts as prima facie evidence of this Charter.

"Sec. 23. Publication of Amendments: The City Council shall cause printed copies of all amendments to this Charter to be published after each Session of the North Carolina General Assembly and the same shall be certified and distributed as above provided.

"CHAPTER III

Governing Body

ARTICLE 1

City Council

"Sec. 31. Composition of City Council: The City Council shall consist of seven members, one of whom shall be elected from each of the respective wards of the City as provided by this Charter.

"Sec. 32. Terms of Councilmen; Compensation; Vacancies: (e) Members of the City Council shall serve for terms of two (2) years as provided in Chapter 707 of the Session Laws of the 1957 General Assembly of North Carolina and until their successors are duly elected and qualified; provided, however, those persons serving as Councilmen from the several wards from which they have been elected on the effective date of this Charter shall continue to serve in such capacities until the expiration of the terms for which they were elected.

(b)       No person shall be eligible to file for or be elected to the City Council, or to serve thereon, unless he is a qualified voter and resident of the City and the ward from which he seeks to be elected.

(c)       If any elected Councilman shall cease to reside in the ward from which he was elected, he shall thereafter be disqualified from serving as Councilman from said ward and the City Council shall name his successor as provided in subparagraph (d) hereof; provided, however, the provisions of this Section shall not apply in the event of changes in ward boundaries. Any member of the City Council who becomes domiciled in a different ward as a result of a relocation of ward boundaries shall continue to represent the ward from which he was elected until the expiration of the term for which he was elected.

(d)       If any elected Councilman shall refuse to be qualified, or shall refuse to serve after election and qualification, or if any Councilman is disabled and unable to discharge the duties of his office, or if any Councilman is removed from office as hereinafter provided, the City Council shall choose some qualified person as his successor for the unexpired term, or during his disability, as the case may be. Councilmen so elected shall be residents of the ward wherein the vacancy occurred and shall have all authority and powers given by and subject to all limitations provided under this Charter or by law to regularly elected Councilmen.

(e)       Salary of Councilmen: Each Councilman shall receive as compensation for his services as Councilman the sum of one thousand dollars ($1,000.00) per annum, payable monthly, in arrears, for each month served.

"Sec. 33. Organization, Powers and Procedures of City Councilmen: (a) The organizational meeting of each incoming City Council shall be held on the Thursday following each annual election of Councilmen, at 8:00 o'clock P. M. at the Municipal Building. Before entering upon the duties of their respective offices, Councilmen-elect shall severally take oath before the Clerk of the City Court to perform faithfully the duties of their respective offices. The Council shall elect from its members a Mayor pro tem who shall hold office at the pleasure of the Council, and shall proceed to organizational and such other business as shall come before it; and the Council may adjourn from day to day, until said business shall be disposed of and completed. The organization of the Council shall take place notwithstanding the absence, death, refusal to serve or nonelection of one or more members, provided that at least four duly elected and qualified Councilmen are present. Any Councilman-elect who shall not be present may take the oath of office at any time thereafter.

(b)       Regular and Special Meetings: The City Council shall fix suitable times for its regular meetings, which shall be as often as twice monthly. The Council shall fix the hour of meeting on such days, and may, by resolution, change the time of such regular meetings, and may provide for such other meetings as may be deemed necessary. Special meetings of the City Council may be called by the Mayor when deemed necessary, and shall be called upon the written request of two or more Councilmen, of which special meeting all Councilmen shall be notified in writing, or otherwise. Minutes shall be kept of the proceedings of all regular and special meetings by such person designated by the City Council to keep the same. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

(c)       Other Powers and Procedures: Except as otherwise specifically provided by this Charter, the City Council shall have authority to adopt rules of procedure and generally regulate the manner and method of the exercise of its powers. All meetings shall be held within the City of Rocky Mount except in the case of an emergency. In the event the City Council deems it desirable to hold a joint meeting with the governing body of another municipality or political subdivision of the State of North Carolina, it may, at its election, meet with the other governing body at a designated place within the area subject to the jurisdiction of the other governing body.

"Sec. 34. Meetings, Quorums, Votes, Attendance of Councilmen: (a) All regular and special meetings of the City Council shall be public meetings.

(b)       A majority of the members elected to the City 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 by ordering them to be taken into custody.

(c)       All ordinances offered for adoption shall be in writing and no ordinance shall be passed finally on the date on which it is introduced unless by five-sevenths of the entire membership of the Council or the unanimous consent of those present whenever there are less than five-sevenths of the membership present.

(d)       All final votes of the Council involving the making of assessments and levying of taxes, and all votes where requested by a member of the Council, shall be by roll call. The Mayor shall announce the result of each vote of the Council.

"Sec. 35. Additional Powers. In addition to the other powers hereby conferred upon it, the City Council may adopt and provide for the execution of such ordinances, rules and regulations not inconsistent with law, as may be necessary or appropriate for the preservation and promotion of the health, safety, comfort, culture, economy, convenience, good order, morals, better government and general welfare of the City and its inhabitants.

"Sec. 36. The City Council shall have the power on the vote of five-sevenths of its members to remove any one of its members, or the Recorder or Prosecuting Attorney of the City Court, for misfeasance, malfeasance or nonfeasance of office, after a hearing of the matter before the City Council, at which time the subject of such hearing may be present and represented by counsel. Notice of such hearing shall be served on the subject thereof at least two (2) weeks in advance of the same in person, if possible, and if not, by publication.

"ARTICLE 2

Mayor and Mayor Pro Tem

"Sec. 61. Qualifications and Term of Office; Compensation: (a) The Mayor shall be elected as provided by Chapter 707 of the Session Laws of the 1957 General Assembly of North Carolina and shall serve for a term of two (2) years and until his successor is elected and qualified.

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

(c)       The Mayor shall receive for his services as Mayor such amounts as the City Council shall from time to time direct.

"Sec. 62. Duties of the Mayor: The Mayor shall preside at all meetings of the City Council and shall have a casting vote in case of an equal division. He shall be recognized as the official head of the City for all ceremonial purposes by the courts for the purpose of serving civil process. He shall have power to administer oaths. In pursuance of resolution of the City Council, he shall, in the name of the City, execute in its behalf all deeds and contracts. In time of public danger or emergency he may, with the consent and approval of the City Council, take command of the police, maintain order and enforce the law. He shall perform such other duties consistent with his office as may be imposed upon him by the City Council. During the disability of the Mayor or his absence from the City, the duties of his office shall devolve upon some member of the City Council designated by that body as Mayor pro tem at its first regular meeting after each municipal election; and such Mayor pro tem shall for the time be clothed with every power conferred by law upon the Mayor.

"ARTICLE 3

City Manager

"Sec. 81. Appointment, Qualification, Term and Compensation: (a) The City Council shall appoint the City Manager who shall be the administrative head of the City Government. He shall be chosen by the City Council without regard to his political opinions and solely upon the basis of his character, training, experience and administrative qualifications and need not be a resident of the City or State when appointed. No member of the City Council, during the term for which elected, shall be appointed as City Manager. The City Manager shall receive such compensation as shall be provided by the City Council. He shall give such bond as may be required by the City Council. He shall be appointed for an indefinite period and hold office during the pleasure of the Council; provided, however, that in the event of his removal he may demand and shall be entitled to a public hearing thereon before the City Council prior to the date on which his final removal shall take effect and may there be represented by counsel; but the decision of the Council shall be final and pending such hearing the Council may suspend him from duty.

(b)       The City Manager shall: (1) Be administrative head of the City government, shall, except as specifically otherwise provided for herein, subject to the approval of the City Council, organize the administrative functions and affairs of the City into various departments, and through such departments efficiently administer the functions and affairs of the City as provided for herein or as authorized by law or by the City Council.

(2)       See that within the jurisdiction of the City the laws of the State and the ordinances, resolutions, and regulations of the City Council are faithfully executed.

(3)       Attend all meetings of the City Council with the right to take part in the discussion but with no vote, and recommend for adoption such measures as he shall deem expedient.

(4)       Make reports to the City Council from time to time upon the affairs of the City, and keep the Council fully informed and advised of the City's financial condition and its present and future financial needs.

(5)       Have power and authority, pending action by the City Council to revoke licenses issued subject to revocation.

(6)       Have the sole power to appoint and remove all heads of departments and all subordinate officers and employees of the City, unless otherwise provided in this Charter.

(7)       Not make any contract or purchase in the name of the City unless the same shall have been authorized by ordinance or resolution of the City Council, except as otherwise provided in this Charter.

(8)       Not be personally interested in any contract to which the City is a party.

(c)       Other Duties and Procedures: Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service of the City through the City Manager. No member of the City Council shall give orders to or attempt to influence the action of any subordinate of the City Manager either publicly or privately. Where this Charter gives to the City Manager the power to appoint or to employ persons in the administrative service of the City, neither the City Council nor any of its members shall attempt to in any manner influence the City Manager in the appointment or employment of any such person or persons, but the City Manager shall be left free to exercise his own judgment in appointing such person or persons and he shall have the power to suspend and dismiss any person appointed and his action in every case shall be final, except as provided in Section 151 hereof.

(d)       The City Manager shall, except when clearly inconsistent with the provisions of this Charter, exercise supervision and control over all departments and divisions of the City. He shall prepare and submit to the City Council for its consideration and action a proposed annual budget and shall keep the Council at all times advised as to the conditions and efficiency of the various departments of the City under his direction and control and of the needs and condition of the City. He shall perform such other duties as may be prescribed by this Charter or be required of him by ordinance or resolution of the City Council.

(e)       The City Manager shall not engage in electioneering nor take an active part in political campaigns nor attempt to influence the result of State, County or City elections except by exercising his right as a citizen to hold his own political views and to cast his own vote. Electioneering or improper political activities by the City Manager or attempts to influence the results of election or primaries shall be cause for his immediate suspension or removal from office, either by the City Council or by any Judge of the Superior Court having jurisdiction upon mandamus or other appropriate proceedings instituted by any taxpayer of said City.

"Sec. 82. Absence and Disability: In the event the City Manager shall be sick, absent from the City or otherwise unable to perform the duties of his office, the City Council may designate some qualified person to perform his duties who shall have all the power and authority of the City Manager. No members of the City Council shall, during the term for which elected, be designated as temporary City Manager. Any such person who shall be chosen to serve as City Manager for a temporary period shall receive such compensation as the Council may determine.

"ARTICLE 4

City Attorney

"Sec. 90. Appointment: The City Council shall appoint an attorney or firm of attorneys who shall serve as City Attorney and who shall hold office at the pleasure of the Council.

"Sec. 91. Duties: It shall be the duty of the City Attorney: (a) To serve as legal counsel to the Mayor, City Council, Committees of the City Council, the City Manager and department heads of the City in the performance of their official duties.

(b)        To represent the City in all litigation and controversies and before all Boards and Commissions, Federal, State, County and other, as directed by the City Council.

(c)        To perform such other duties of a legal nature pertaining to the City as may be directed by the City Council.

"Sec. 92. The City Council may employ such other attorneys to perform such services as it shall from time to time deem advisable.

"ARTICLE 5

City Clerk

"Sec. 100. Appointment, Powers and Duties: The City Council shall appoint a Clerk to be known as the City Clerk who shall hold office at the pleasure of the said Council and whose compensation shall be set by the Council. He shall keep the records and minutes of the City Council, preserve all books, records, documents, papers and other articles committed to his use or custody during his term of office and surrender the same to his successor in office. He shall be the custodian of the common seal of the said City. He shall attest the execution of all deeds or other contracts executed by the Mayor in behalf of said City and affix its common seal to all deeds and such contracts and obligations as it shall be deemed necessary to so attest and shall perform such other duties as may be prescribed by this Act or by the City Council. The office of the City Clerk and Director of Finance may be combined in the discretion of the Council, and the duties of each office may be performed by the same person until such time as the Council shall deem it advisable to separate the same.

"Sec. 101. The City Council may appoint one or more Assistant City Clerks who shall perform such services as shall be directed by them and who shall have all authorities of the City Clerk when so provided by the City Council.

"ARTICLE 6

City Treasurer

"Sec. 110. Appointment; Powers and Duties: The City Council shall appoint from its membership a City Treasurer who shall hold office at the pleasure of the Council. All notes, bonds or other evidences of indebtedness of the City shall bear his signature, which when authorized by him in writing, may also be facsimile signatures.

"ARTICLE 7

Director of Finance

"Sec. 120. Appointment; Powers and Duties: The City Manager shall appoint a Director of Finance who shall hold office at his pleasure and whose office may be combined with City Clerk as herein provided. He shall have all powers and perform all duties provided in Article 33, subchapter IV, Chapter 160 of the General Statutes of North Carolina or otherwise provided by law.

"ARTICLE 8

Oaths

"Sec. 130. (1) Every person elected to any office or appointed to office by the City Council, before entering upon the discharge of the duties of his office, shall take and subscribe, before the Clerk of the City Court, or in the case of the Clerk of the City Court, before some person authorized to administer oaths, the following oath of office:

I, ______________________ do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of North Carolina, not inconsistent therewith, and that I will faithfully perform the duties of the office of _______________________ on which I am now about to enter, according to the best of my skill and ability, so help me, God.

Subscribed and sworn to before me this ______ day of ______________, 19_____.

And all oaths of office subscribed and sworn to as aforesaid, other than that of the City Clerk, shall be filed with said City Clerk, and the oath of office of the City Clerk shall be filed with the City Manager.

"CHAPTER IV

Police Department

"Sec. 140. Police Department; Powers and Duties of the Chief of Police and Policemen: (a) The City Manager shall appoint the Chief of Police. The Chief of Police, acting under the City Manager, shall appoint the other police officers of the City and shall have supervision and control of the police force and shall enforce discipline therein. Police officers shall be residents of the City.

(b)       The Chief of Police and each member of the police force shall have, for the purpose of enforcing City ordinances and regulations, or preserving the peace of the City, and of suppressing disturbances and apprehending offenders, the powers of peace officers vested in sheriffs and constables. Such powers may be exercised within the corporate limits of the City and one mile beyond, and upon City-owned real property wherever located. The Chief of Police and other policemen of the City shall have power to execute anywhere within the limits of Nash and Edgecombe Counties any writ, precept or process, either civil or criminal, which shall be directed to them.

(c)       The Chief of Police and other police officers of the City shall have power, and it shall be their duty, to suppress all breaches of the public peace, and all disturbances of the quiet and good order of the City, and they may, with or without warrant, arrest, anywhere within the corporate limits of the City, or within one mile thereof, any person charged with the violation of any ordinance of the City, or with any other offense whatsoever against the public peace, and the quiet and good order of the community.

(d)       In addition to the foregoing, the Chief of Police and other police officers shall have the following powers and duties: (1) They shall have power, with or without warrant, to break and enter any building or enclosure for the purpose of preventing a felony, or of apprehending any person whom they shall have reason to believe to have committed a felony.

(2)       They shall have power and it shall be their duty to re-arrest, upon the original warrant in the case, any defendant or party who shall have escaped from lawful custody, or who, having been released by order of the court, upon promise to pay any fine and costs, or costs only, shall fail to pay the same as promised.

(3)       They shall have the authority and power to accept bail for the appearance in the Recorder's Court of any person who shall be taken into custody charged with a bailable offense, when such person cannot conveniently be taken before the Recorder for such purpose; they shall commit to the City or County jail all such persons who shall fail to furnish bond for their appearance in the Recorder's Court, or who are drunk and disorderly.

(4)       They shall possess such other powers in making arrests, and in conserving the public peace as are usually possessed by sheriffs and constables; and they shall perform such other duties and possess such other powers, rights and authority in addition to those herein provided as are prescribed by law.

(5)       They shall perform such other duties as may from time to time be prescribed by the City Manager not inconsistent with the Constitution and laws of the State of North Carolina and the provisions of this Charter.

"Sec. 141. Power to Establish Police Emergency Lines: The Chief of Police or other police officer in charge at the scene of a parade, accident, disturbance, crime scene, natural or artificial disaster or emergency, or any large gathering of people shall have authority to provide barricades, ropes, signs, or other means of restraint, and it shall be unlawful for any person other than a law enforcement officer, firemen, or other person having official business at the scene to cross such a line without express permission of the police officer at the scene.

"Sec. 142. City and County Jails: The keeper of the jail of Nash and Edgecombe Counties, as the case may be, is hereby required to receive into the jail without a mittimus, any person under arrest by a police officer of the City, and to keep such person safely until he is brought out for trial. For such services the jailer shall be entitled to such fees as are allowed in like cases. The City may also provide and use a jail for the confinement of prisoners in its discretion, but the providing of a City jail shall not relieve the county jailer of the duty to receive prisoners from police officers of the City.

"Sec. 143. Supervision of the Police Department: The Chief of the Police Department shall have immediate direction and control of the Police Department, subject to the supervision of the City Manager and to such rules and regulations and orders as the City Manager may prescribe. He shall have the right and power to suspend any of the officers and employees in such department who may be under his management and control for incompetency, neglect of duty, immorality, drunkenness, failure to obey orders or for any other just or reasonable cause. If an officer or employee be so suspended, the Chief of Police shall forthwith in writing certify the fact together with the cause of suspension to the City Manager, who shall, after hearing, take such action thereon as he may deem advisable. In the event of the removal of the Chief of Police by the City Manager, the Chief of Police may appeal to the City Council who shall hear his appeal and make such investigation as may be proper, and the decision of the Council shall be final.

"CHAPTER V

Fire Department

"Sec. 150. Powers and Duties of the Chief of the Fire Department: (a) The City Manager shall appoint the Fire Chief. The Fire Chief, acting under the City Manager, shall appoint all other officers, firemen and employees, and shall have supervision and control of the Fire Department and shall enforce discipline therein.

(b)        The Chief of the Fire Department and, in his absence, his assistants are empowered during the progress of a fire to arrest any person interfering either with fire apparatus or with firemen while in the discharge of his duty.

(c)       Power to Destroy Property to Stop Fires: The Fire Chief, and in his absence his assistants, may order the blowing up, tearing down or other destruction of any building when it is deemed necessary to stop the progress of a fire. No person shall be held liable, civilly or criminally, for acting in obedience to their orders, nor shall the Fire Chief or his assistants, the City, the Mayor, the City Manager, or the City Council be held liable, civilly or criminally, for the giving of such orders or for damages to property ordered destroyed.

(d)       The Chief of the Fire Department and other firemen shall perform such other duties in addition to those herein provided as may be prescribed by law or City ordinance, or that may from time to time be prescribed by the City Manager.

(e)       Power to Establish Emergency Lines: The Chief of Police or other police officer, or Fire Chief, or his assistant, in charge at the scene of a fire, accident, disturbance, natural or artificial disaster or emergency, or any large gathering of people, shall have authority to provide barricades, ropes, signs, or other means of restraint, and it shall be unlawful for any person other than a law enforcement officer, firemen, or other person having official business at the scene to cross such a line without express permission of the person in charge at the scene.

"Sec. 151. Supervision of Police and Fire Departments: The Chief of the Fire Department shall have immediate direction and control of the Fire Department subject to the supervision of the City Manager and to such rules and regulations and orders as the City Manager may prescribe. He shall have the right and power to suspend any of the officers and employees in such department who may be under his management and control for incompetency, neglect of duty, immorality, drunkenness, failure to obey orders or for any other just or reasonable cause. If an officer or employee be so suspended, the Fire Chief shall forthwith in writing certify the fact together with the cause of suspension to the City Manager, who shall, after hearing, take such action thereon as he may deem advisable. In the event of the removal of the Fire Chief by the City Manager, the Fire Chief may appeal to the City Council who shall bear his appeal and make such investigation as may be proper and the decision of the Council shall be final.

"CHAPTER VI

Auxiliary Policemen and Firemen

And Municipal Rescue Squad

"ARTICLE 1

Auxiliary Policemen and Firemen

"Sec. 160. The City Council may provide for the organization, recruiting, training, equipping, and appointing of auxiliary policemen and auxiliary firemen for the City of Rocky Mount.

"Sec. 161. Duly appointed auxiliary policemen and firemen shall, while training and while performing duties on behalf of the City incidental to their appointment, be entitled to workmen's compensation benefits to the same extent as regular City employees. Compensation payments to auxiliary policemen shall be based upon the entrance salary of a regular City police patrolman at the time of the injury. Compensation payments to auxiliary firemen shall be based upon the entrance salary of a regular City fireman at the time of the injury.

"Sec. 162. Auxiliary policemen and firemen shall receive such compensation for their services as shall be fixed by the Council. Auxiliary policemen and firemen shall not be entitled to any benefits or compensation other than those provided by or pursuant to this Article. This Section shall not in any manner affect the rights of any person to benefits provided by the State of North Carolina or by Act of Congress for civilian defense workers or auxiliary policemen and firemen.

"Sec. 163. The City of Rocky Mount shall be entitled to the same immunities with respect to the action of auxiliary policemen and auxiliary firemen in the performance of their duties or training or otherwise, to which it is entitled with respect to the actions of regular City policemen and firemen in the performance of their duties.

"ARTICLE 2

Municipal Rescue Squad

"Sec. 170. The City Council may create a municipal rescue squad and, for the purpose of providing emergency lifesaving and rescue service to persons within the City whose lives or property are imperiled, may allocate sufficient funds to train and equip such an organization. The City may join with Nash and/or Edgecombe Counties for the purpose of providing such service. In the event it shall be deemed advisable, the City Council may provide emergency ambulance, lifesaving and rescue services by contracting with any incorporated, nonprofit volunteer or community rescue squad. Any expenditure made hereunder is declared to be a necessary expense and for a public purpose.

"CHAPTER VII

Judicial

ARTICLE 1

Recorder's Court of Rocky Mount

"Sec. 200. Recorder's Court; Limited Jurisdiction: The Recorder's Court of Rocky Mount, a court of limited and criminal jurisdiction, is hereby continued under this Charter. As used herein, the term Recorder's Court shall mean Recorder's Court of Rocky Mount.

"Sec. 201. Recorder and Prosecuting Attorney; Election and Qualification: The Recorder's Court shall be a court of record, and shall be presided over by a Recorder, who shall be a bona fide resident and duly qualified voter of the City. The Recorder and Prosecuting Attorney of the Recorder's Court shall be elected biennially by the qualified voters of the City, and shall hold office for a term of two (2) years from the date of their said election and until their successors are elected and qualified; provided, however, that those persons now serving as Recorder and Prosecuting Attorney of the Recorder's Court for which they have been elected on the effective date of this Charter, shall continue to serve in such capacities until the expiration of the terms for which they were elected.

"Sec. 202. Vice Recorder: The City Council at the first meeting to be held next succeeding the election of Mayor and City Council shall elect a Vice Recorder of the Recorder's Court, who shall possess the same qualifications and hold office for the same term as the Recorder and Prosecuting Attorney. The Vice Recorder shall enter upon and discharge the duties of the office of Recorder, whenever the Recorder, on account of sickness, absence from the City or other good and sufficient cause, shall be unable to do so, and he shall for the time be clothed with every power conferred by law upon the Recorder.

"Sec. 203. Salaries: (a) Salaries of the Recorder, Vice Recorder, Prosecuting Attorney and Clerk of Court shall be established by the City Council of the City of Rocky Mount.

(b)       Daily Sessions: The Recorder's Court shall hold daily sessions, Monday through Friday, excluding holidays observed by the City of Rocky Mount, in the courtroom of the Municipal Building in the City and shall possess every power in the regulation and ordering thereof, usually possessed by other courts of record in like case.

"Sec. 204. Civil Jurisdiction: The Recorder's Court is hereby vested with and shall exercise civil jurisdiction as follows:

(1)       Concurrent, original and final jurisdiction with courts of justices of the peace of all civil actions, and proceedings ancillary thereto, which are now or may be hereafter, within the jurisdiction of the justice courts.

(2)       Concurrent, original and final jurisdiction with Superior Courts of all civil actions founded on contract wherein the sum demanded shall exceed two hundred dollars ($200.00) and shall not exceed five thousand dollars ($5,000.00), and wherein the title to real estate shall not be in controversy, and of all proceedings ancillary thereto.

(3)       Concurrent, original and final jurisdiction with the Superior Courts of all civil actions growing out of tort, including actions for the recovery of specific personal property, wherein the sum demanded, or the value of the property in controversy, shall exceed fifty dollars ($50.00) and shall not exceed five thousand dollars ($5,000.00), and of all proceedings ancillary thereto.

(4)       Concurrent, original and final jurisdiction with such other courts as may be clothed with jurisdiction to hear and determine the same of all civil actions for the recovery of forfeited bonds, undertakings, and recognizances returnable to, or entered into before, said Recorder's Court with power to dispose of all monies thus recovered in the manner prescribed by law.

"Sec. 205. Criminal Jurisdiction: The Recorder's Court is hereby vested with, and shall exercise, criminal jurisdiction as follows:

(1)       Exclusive, original and final jurisdiction of all misdemeanors when committed within the corporate limits of the City.

(2)       Concurrent, original and final jurisdiction with courts of justices of the peace of all misdemeanors within the final jurisdiction of said justices' courts, when committed outside the corporate limits of the City and at a distance of not more than three miles therefrom.

(3)       Concurrent, original and final jurisdiction with the Recorder's Courts of Nash and Edgecombe Counties of all misdemeanors not within the jurisdiction of courts of justices of the peace when committed outside the corporate limits of the City and at a distance of not more than three miles thereform.

(4)       Concurrent jurisdiction with courts of justices of the peace and such other courts as are or may be clothed with like authority, to examine into all other criminal offenses of which original and final jurisdiction is not hereinbefore conferred upon said Recorder's Court, when committed within the corporate limits of the City, or outside the corporate limits of said City and at a distance of not more than three miles therefrom, and, upon probable cause being shown, in like manner as in courts of justices of the peace, to bind over to the Superior Court having final jurisdiction thereof, or if a capital felony be charged, to commit the accused to jail, without bail, to await trial.

(5)       Any civil action which may properly be brought in the Superior Courts of either Nash or Edgecombe Counties under the provisions of law relating to venue, may, if within the jurisdiction of the Recorder's Court, be brought in the Recorder's Court.

"Sec. 206. Civil Procedures: All civil actions instituted in the Recorder's Court shall be commenced by summons, to be issued by the Recorder, Vice Recorder, or Clerk. In all such actions of which the Recorder's Court and the courts of justices of the peace shall have concurrent jurisdiction, the practice and procedure in the Recorder's Court in matters relating to the issuing of summons, the service and return of summons, the filing of pleadings, the trial of the cause, the entry of judgment, the issuing of executions and return of same, and other like proceedings shall, except as herein otherwise provided, conform, as nearly as may be, to the practice and procedure in courts of justices of the peace. In all such actions of which the Recorder's Court and Superior Courts shall have concurrent jurisdiction, the practice and procedure in the Recorder's Court in matters relating to the issuing of summons, the service and return of summons, the filing of pleadings, the trial of the cause, the entry of judgment, the issuing of executions and return of same, and other like proceedings shall, except as herein otherwise provided, conform as nearly as may be, to the practice and procedure in Superior Courts. Any judgment of the Recorder's Court may be docketed in the office of the Clerk of the Superior Court of Nash County, or in the office of the Clerk of the Superior Court of Edgecombe County, dependent upon the venue of the action in which the same shall be rendered, in accordance with the rules governing the docketing of judgment of courts of justices of the peace, and with like effects.

"Sec. 207. Criminal Actions Commenced by Warrants: All criminal actions instituted in the Recorder's Court shall be commenced by warrant, to be issued by the Recorder, Vice Recorder, Clerk or Deputy Clerk of the Recorder's Court or the Desk Sergeant of the Police Department of the City, who are expressly authorized to administer appropriate oaths to the complainants, upon complaint under oath, as in courts of justices of the peace, and shall be prosecuted in the name of the State. And the practice and procedure in the trial of all such actions, except as herein otherwise provided, shall, as near as may be, conform to the practice and procedures in the trial of criminal causes of like dignity in the Superior Courts of this State upon indictment.

"Sec. 208. There shall be no jury trials in the court, either in civil or in criminal cases. There shall be a right to appeal the final verdict of any case in the court to the Superior Courts of either Nash or Edgecombe Counties as the case may be for a trial de novo, where there will be afforded a trial by jury. Notice of appeal may be given in open court or served upon the Clerk not later than ten (10) days after the date of entry of the judgment appealed from. The appeal must be perfected or will be deemed withdrawn, if not, perfected, not later than ten (10) days after entry of the judgment appealed from.

"Sec. 209. Trial de novo: There shall be a right of appeal to the Superior Courts of either Nash or Edgecombe Counties, as the case may be, from the judgment rendered in each and every case tried and disposed of in the Recorder's Court, by either or both plaintiff and defendant in civil actions, and by the defendant in criminal actions. And such appeal, in each and every case, shall lie to that court clothed with either original or appellate jurisdiction of like causes prior to the creation of the Recorder's Court. The State shall have a right of appeal in those eases enumerated in North Carolina General Statutes 15-179 and, in all appeals taken in pursuance of the provisions of this Section, the practice and procedure, both in the Recorder's Court and in the Superior Court, shall conform to the like practice and procedure in appeals from courts of justices of the peace.

"Sec. 210. Additional Procedures: (a) Should the Recorder's Court fail to take official cognizance of any criminal offense, of which exclusive, original and final jurisdiction is hereinbefore conferred upon said court, within twelve (12) months of the commission of said offense, the Superior Court to which an appeal would have lain had such cause been tried and disposed of in said Recorder's Court may assume original jurisdiction thereof, and try and dispose of the same.

(b)       In each and every civil action, and in each and every criminal action not within the concurrent jurisdiction of the Recorder's Court and courts of justices of the peace, which shall be tried and disposed of in said Recorder's Court, regardless of whether or not an appeal be taken from the judgment rendered therein, on the rendition of final judgment, there shall be allowed and taxed, as other costs are taxed a special Recorder's fee of five dollars ($5.00). All such Recorder's fees so taxed and collected, shall constitute a part of the fund hereinbefore provided for the maintenance of the Recorder's Court, and shall be collected, held, and disbursed as provided in the preceding Section. And in all civil and criminal actions which shall be tried and disposed of in said Recorder's Court, regardless of whether or not an appeal be taken from judgment rendered therein, or final judgment, such other costs shall be allowed and taxed as are, in like causes, allowed and taxed in the Superior Courts of this State and in the courts of justices of the peace, dependent upon which class of courts is, under the provisions of the general law of this State regulating the jurisdiction of courts, clothed with original and final jurisdiction of such like causes. All such costs shall be paid into the general fund of the City, and not otherwise.

(c)       All judgments, orders and decrees of the Recorder's Court shall be of the same force and validity as like judgments and decrees of other courts of this State clothed with like jurisdiction. The Recorder's Court shall, in all proceedings for contempt and as for contempt in matters affecting said court, possess every power conferred upon the Superior Court in like proceedings. And the Recorder's Court is hereby clothed with every other power usually possessed by courts of record of this State, which may be necessary for the fullest and freest exercise of the specific powers herein conferred.

(d)       The Recorder, in sentencing any male person convicted in the Recorder's Court of any crime punishable by imprisonment in the common jail, in his discretion may sentence such person to imprisonment in the City jail of Rocky Mount, to be worked upon the public roads or other public works of the City, or upon the public roads of the Rocky Mount Road District or to be imprisoned in the common jail of Nash County or the common jail of Edgecombe County to be assigned to work under the supervision of the State Prison Department or to be worked upon the public roads or other public works of said Road District, or upon the public roads of any other county or Road District.

(e)       The Recorder's Court shall have a seal, upon which shall be inscribed the words, Recorder's Court of Rocky Mount, State of North Carolina, together with such other words or device as may be prescribed by the City Council. The Clerk of the Recorder's Court shall be the custodian of said seal and the same shall be affixed to all summonses and warrants of arrest and other writs, process, and precepts of the Recorder's Court, when required by law to be attested by seal.

(f)        The Recorder may, in accordance with the usual custom and practice of courts, except as herein otherwise provided, issue the summons or warrant of arrest or other writ, process, or precept of the Recorder's Court, in any and all such cases as to him shall seem necessary or proper, to the Chief of Police or any other policeman of the City; or to the Chief of Police or any other lawful officer of any other city or town in this State; or to the Sheriff or any constable or other lawful officer of any county in this State. And any and all such summonses and warrants of arrests and other writs, process and precepts of the Recorder's Court shall, when without seal, run throughout the Counties of Nash and Edgecombe, and shall, when attested by seal, run throughout the State, and shall be executed by any and all officers to whom directed.

(g)       The Recorder's Court shall have full power to tax the prosecutor with the costs of any case in which it shall adjudge that the prosecution was malicious, irresponsible, frivolous, or not required by the public interest, and, in the event that said Court shall adjudge such prosecution is frivolous and malicious, the Court shall have the power to imprison such prosecutor for the nonpayment of such costs, as provided by Section 6-50 of the General Statutes of North Carolina, as amended, until such costs are paid.

"Sec. 211. Clerk of the Recorder's Court: The City Council shall annually at its regular meeting held after each municipal election appoint a Clerk, to be known as the Clerk of the Recorder's Court, who shall hold the said office for a term of one (1) year from the date of his said election and until his successor shall be duly appointed and qualified. He shall attend upon the sittings of the Recorder's Court for the purpose of discharging the duties usually performed by clerks of courts of record in this State and is empowered to issue summons or warrants of arrest or other writs, process or precepts to the Recorder's Court. He shall give bond payable to the City with such sureties and in such amount as the City Council shall direct. He shall keep such dockets and other records of the proceedings of the Recorder's Court as shall be necessary or proper, collect all fines imposed and costs allowed in said court, account for and pay over to the proper officer and other persons entitled to receive the same, all monies collected under color of office, prepare and submit such reports as shall be required by said City Council, and in substantial conformity with the practice of the Clerks of the Superior Courts of this State in performance of their clerical and ministerial functions, he shall exercise such other powers as may be necessary or proper in the discharge of the duties of his said office.

"Sec. 212. Powers and Duties of Prosecuting Attorney: All prosecutions of criminal actions in the Recorder's Court shall be conducted by the Prosecuting Attorney; and, in the discharge of the duties of his office, the Prosecuting Attorney is hereby clothed with every power usually incident to like positions in other courts of record in this State, and he shall exercise the same in substantial conformity with the practice and procedure of solicitors in the Superior Courts.

"Sec. 213. Recorder and Prosecuting Attorney; Conflicts of Interest: Nothing contained in this Charter shall be held to forbid or prevent the Recorder or Prosecuting Attorney of the Recorder's Court from acting as attorney in criminal actions and proceedings not within the territorial jurisdiction of the Recorder's Court, and not pending in the same; nor to forbid or prevent said Recorder from acting as attorney in civil actions and proceedings of which the Recorder's Court shall not have acquired jurisdiction, when pending in other courts; nor to forbid or prevent the Prosecuting Attorney from engaging in the prosecution of criminal cases pending in other courts.

"CHAPTER VIII

Special Boards and Commissions

ARTICLE 1

Planning and Zoning

"Sec. 300. Authority Within Corporate Limits: The City Council may exercise within the corporate limits any planning, subdivision, zoning and building regulation powers (including plumbing, heating or electrical regulation powers) now or hereafter conferred by law upon cities and city governing bodies generally, or specifically conferred by law upon it or upon the City.

"Sec. 301. Extraterritorial Authority: (a) For the purpose of promoting the orderly growth, expansion and development of the City and the surrounding territory hereinafter defined, and for the purpose of promoting the health, safety, morals, economy and general welfare of the citizens of such area, the City Council is hereby authorized to exercise any planning, subdivision, zoning and building regulation powers (including plumbing, heating, or electrical regulation powers) now or hereafter conferred upon the City and vested in the City Council by this Charter, the General Statutes of North Carolina, or any other statute applicable to the City, not only within the corporate limits of the City but also within the territory beyond the corporate limits, as now or hereafter fixed, for a distance of one mile in all directions.

"Until such time as Nash and/or Edgecombe Counties assume jurisdiction of the same, the City shall also have authority to and may enforce subdivision regulations, plumbing, heating, gas and electrical codes beyond such one mile limit if City utilities are being connected. Such powers may be exercised to the same extent and according to the same procedures as are applicable to the exercise of planning, zoning, subdivision, or building regulation powers (including plumbing, heating, air conditioning or electrical regulation powers) within the corporate limits of the City; but any ordinance intended to have application beyond the corporate limits of the City shall so provide. Such powers shall include the power to adopt such ordinances and regulations as may be considered necessary or expedient by the City Council to regulate, control and restrict:

(1)       The height, number of stories, and size of buildings and other structures;

(2)       The percentage of a lot that may be occupied;

(3)       The size of yards, courts and other open spaces;

(4)       The density of population;

(5)       The location and use of buildings, structures, and land for trade, industry, residences or other purposes;

(6)       The construction of buildings, including plumbing, heating and air conditioning and electrical installations; and

(7)       The names of streets (the City may, but need not, provide street name signs in the area).

(b)       There is hereby created the Rocky Mount Planning Board which shall consist of fifteen members. Five of said members shall be citizens and residents of the City; five shall be citizens and residents of the territory beyond the corporate limits of the City and within one mile thereof in Nash County; and five shall be citizens and residents of the territory beyond the corporate limits of the City and within one mile thereof in Edgecombe County. Members appointed from the territory beyond the corporate limits of the City shall be appointed by the Board of County Commissioners of the respective County and shall have the same powers and duties as the other members of the Rocky Mount Planning Board, and the laws, ordinances, rules and regulations applicable to the members of the Rocky Mount Planning Board shall be applicable to said members: Provided, however, in voting on questions concerning matters within the corporate limits of the City, only those members of said Board who are citizens and residents of the City shall be entitled to vote; likewise, in voting on questions concerning matters beyond the corporate limits of the City in Nash County only those members of said Board who are citizens and residents of the City and who are citizens and residents of Nash County shall be entitled to vote and, in voting on questions concerning matters beyond the corporate limits of the City in Edgecombe County only those members of said Board who are citizens and residents of the City and who are citizens of Edgecombe County shall be entitled to vote.

(c)       In order to enforce properly the provisions of any zoning ordinance or building regulation, the City Council may require by ordinance that prior to the beginning of any construction, reconstruction or alteration of any building or structure, or the installation of any plumbing, heating, air conditioning or electrical installations within said area, that a permit or permits be obtained therefor from the building inspector of the City. All permits, plans, inspections and fees which are specified in the Rocky Mount Code of Ordinances will apply to such area within one mile beyond the corporate limits.

(d)       The powers herein granted to the City Council are intended to be supplementary to any powers now or hereafter conferred upon it. The exercise of powers herein granted shall be within the discretion of the City Council. This Section shall have no effect upon any existing City ordinances. The adoption of any ordinance under authority of this Section shall have no effect upon any litigation pending at the time of adoption of such ordinance.

"Sec. 302. Board of Adjustment: There is hereby created the Rocky Mount Board of Adjustment which shall consist of fifteen members; five of said members shall be citizens and residents of the City; five shall be citizens and residents of the territory beyond the corporate limits of the City and within one mile thereof in Nash County; and five shall be citizens and residents of the territory beyond the corporate limits of the City and within one mile thereof in Edgecombe County. Members appointed from the territory beyond the corporate limits of the City shall be appointed by Boards of County Commissioners of the respective Counties and shall have the same powers and duties as the other members of the Rocky Mount Board of Adjustment, and the laws, ordinances, rules and regulations applicable to the members of the Rocky Mount Board of Adjustment shall be applicable to said members. Provided, however, in voting on questions concerning matters within the corporate limits of the City, only those members of said Board who are citizens and residents of the City shall be entitled to vote; likewise, in voting on questions concerning matters beyond the corporate limits of the City in Nash County only those members of said Board who are citizens and residents of the City and who are citizens and residents of Nash County shall be entitled to vote and, in voting on questions concerning matters beyond the corporate limits of the City in Edgecombe County only those members of said Board who are citizens and residents of the City and who are citizens of Edgecombe County shall be entitled to vote. The Board of Adjustment shall appoint such attorney or attorneys to advise with it as appears necessary, except, however, such attorney or attorneys shall not be the same person or persons as are the City attorneys.

"ARTICLE 2

"Sec. 303. Building Regulations; Building Inspector: The City Building Inspector shall enforce the City Building Code, the State Building Code and shall otherwise perform the functions prescribed by the City Council by ordinance, the City Manager, this Charter and by the General Statutes of North Carolina within the corporate limits of the City and the territory beyond the corporate limits, as now or hereafter fixed, for a distance of one mile in all directions.

"Sec. 304. Fees for Building Inspection and Related Matters: Notwithstanding any State law for fixing such fees generally, the City Council may fix fees for the inspection of:

(1)       The construction, alteration, repair, removal and demolition of buildings;

(2)       All plumbing, electrical, heating and air conditioning work; and

(3)       The erection, installation, repair, maintenance and operation of smokestacks and smoke-producing apparatus of any kind whatsoever.

"ARTICLE 3

Airport Commission

"Sec. 310. There is hereby continued by this Charter the Commission created by Chapter 144 of the Private Laws of 1935, known as the Rocky Mount Airport Commission.

"Sec. 311. The Rocky Mount Airport Commission shall consist of six members, who shall be appointed by the City Council of the City of Rocky Mount in the manner now provided by Chapter 144 of the Private Laws of 1935. The general control, management, operation and authority over all lands now or hereafter owned or ]eased by the City of Rocky Mount and used as an aircraft landing field or fields shall be vested in the said Commission. It shall make rules and regulations for the operation, management and use of said airport; may employ a manager and such other employees as may be necessary for the proper management and operation of said field; may lease the said field, or any part thereof, and make charges for its use; and may execute, in the name of the said Commission, such contract or contracts as may appear to the said Commission necessary and proper, said contracts to be signed by its Chairman and Secretary, provided, that said Commission shall have no authority to bind or obligate itself or the City of Rocky Mount for the expenditure of any money in addition to the funds that may be received as revenue from the said field, plus the appropriation, if any, made by the City of Rocky Mount in its annual budget. Said Commission shall possess and exercise such other and further powers with reference to the management and control of the said airport as may be necessary and expedient for the proper control and operation of the same.

"Sec. 312. The City may join together with other counties, cities or municipal corporations to create a board from the inhabitants of such municipalities for the purpose of acquiring property for establishing, constructing, enlarging, improving, maintaining, equipping, operating and regulating airports and other air navigation facilities and airport protection privileges to be jointly acquired, controlled and operated. Such Board shall consist of members to be appointed by the governing body of each municipality involved, the number to be appointed by each to be provided for by the agreement for the joint venture. Each member shall serve for such time and upon such terms and as to compensation, if any, as may be provided for in the agreement. Such Board shall be organized and operate as provided in Chapter 63 of the General Statutes of North Carolina.

"ARTICLE 4

Boxing Commission

"Sec. 320. There is hereby continued by this Charter the Commission created by Chapter 70 of the Private Laws of 1929, known as the Rocky Mount Boxing Commission.

"Sec. 321. Said Commission shall consist of three members appointed by the Mayor, who shall serve for a period not to exceed that of the Mayor appointing said Commission, and who shall serve without compensation.

"Sec. 322. Said Commission shall have full power and authority to make such rules and regulations as in its discretion may be necessary for the proper regulation of boxing matches and exhibitions and shall have power to prohibit or stop a match at any time, even after consent has been given for the holding of such boxing exhibition.

"Sec. 323. Any person or persons guilty of engaging in or promoting, aiding or abetting boxing matches or exhibitions without having first the written consent of said Boxing Commission and any person or persons violating the rules and regulations of said Commission or refusing to obey the orders of such Commission controlling sparring matches, shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than six (6) months, in the discretion of the court.

"ARTICLE 5

Board of Health

"Sec. 330. There is hereby continued by this Charter the Board of Health created by Chapter 209 of the Private Laws of 1907 known as the Rocky Mount Board of Health.

"Sec. 331. Said Rocky Mount Board of Health shall consist of the Mayor and City Manager as ex officio members, three members of the City Council, two licensed physicians and one licensed dentist, all of whom shall be residents of the City. Said members other than the Mayor and City Manager shall be elected annually by the City Council at the first meeting of said Council held after each municipal election and shall serve for terms of one year. The City Manager shall be chairman of the Board.

"Sec. 332. Except as may be herein provided to the contrary, the Rocky Mount Board of Health shall possess such powers, duties, obligations, privileges and immunities as are now or may hereafter be conferred by law upon County Boards of Health and shall be organized and administered in a like manner.

"The Board of Health shall have general supervision and control of all matters pertaining to the public health and sanitation of the City, and shall have full power and authority to enforce all laws of the State or ordinances of the City governing the public health and sanitation of said City, within said City and for a distance of one mile beyond and around the corporate limits thereof.

"Sec. 333. (a) The Board of Health shall appoint a competent physician licensed by the State Board of Medical Examiners, as the Superintendent of the Department of Health, who shall hold office at the pleasure of the said Board.

(b)       The Superintendent of the Department of Health shall be the executive officer of the Board of Health and shall be responsible to said Board for the efficient administration of the affairs of the Department of Health.

(c)       The Superintendent of the Department of Health shall employ, or remove, such assistants as may be needed for the proper functioning of the said Department, the number thereof to be determined by the Board of Health.

(d)       The Superintendent of the Department of Health shall attend the meetings of the Board of Health and act as its Secretary with the right to take part in the discussions, but without vote; and shall recommend to the Board such measures as he deems necessary, and shall furnish the Board necessary information relative to his Department.

(e)       The Superintendent of the Department of Health shall perform such other duties and possess such other powers as the Board of Health shall prescribe.

"CHAPTER IX

Special Procedure and Regulations

ARTICLE 1

Eminent Domain

"Sec. 360. Condemnation Procedure; Interest Acquired: The City shall possess the power of eminent domain, and may acquire, either by purchase or condemnation, any land, right of access, water right, privilege, easement, or any other interest in or relating to land or water, either within or beyond the City limits, for the purposes enumerated in Chapter 40 of the General Statutes of North Carolina, the furtherance of any power granted the City herein or any other lawful use or purpose. Unless otherwise expressly provided in the condemnation resolution, a fee simple title shall pass to the City upon the condemnation of any such interest. In any case where the owner of land to be condemned or of any interest therein is a minor, an insane person, or otherwise under any disability, any notice hereinafter required by this Article to be served upon such owner shall be served upon his guardian, and service upon such guardian shall be sufficient without service upon the minor, insane person, or person under disability. Thereafter such guardian may exercise, on behalf of his ward, with respect to such condemnation proceeding all the powers and duties conferred upon such person as owner. Water rights or other interests relating to water may be condemned under the procedure set forth in this Article for the condemnation of land and interests therein.

"Sec. 361. Resolution Proposing Condemnation: (a) When any land is proposed to be condemned under the specific provisions of this Chapter, the City Council shall adopt a resolution which shall contain substantially the following provisions:

(1)       A description of the land proposed to be condemned or of the interest or easement proposed to be condemned;

(2)       If there is any building situated wholly or partly upon land to be condemned, the determination of the City Council as to whether the owner shall be allowed to remove such property or whether the same shall be condemned;

(3)       A statement of the purpose for which said land or easement is proposed to be condemned;

(4)       The name of the owner or owners of said land and of any other person or persons interested therein if known, and, if not known, so state;

(5)       The name and address of a disinterested freeholder of the City appointed as appraiser by the City Council;

(6)       A notice that the owner or owners of said land, or interest therein, or a majority in interest of said owners, may, within fifteen (15) days after service of said resolution upon all of them, appoint one appraiser (who shall be a distinterested freeholder of the City) to represent them, the name and address of which appraiser shall be reported in writing to the City Clerk within said fifteen (15) days and if such appraiser is not so appointed by such owner or owners within such time, the City Council shall appoint one appraiser (who shall be a disinterested freeholder of the City) to represent them.

(7)       A notice that the appraiser appointed by the City Council and the appraiser appointed by the owner or owners, or if the owner or owners fail to appoint, then the two appraisers appointed by the City, shall appoint a third appraiser, and that the three thus appointed shall constitute a Board of Appraisers, whose duty it shall be to determine the damages and benefits which will result from the condemnation of said land or easement or interest therein; and

(8)       A notice of the time fixed for the first meeting of the appraisers, and that said meeting will be held upon the premises to be condemned.

(b)       It shall not be necessary to institute separate condemnation proceedings against the several owners of tracts or parcels of land affected by proposed local improvements.

"Sec. 362. Service of Resolution Proposing Condemnation: A copy of the resolution proposing condemnation shall be personally served upon each of the owners of the land proposed to be condemned: Provided, that if the resolution cannot be personally served upon any of the owners, then it may be served by publication once a week for two successive weeks in some newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the City.

"Sec. 363. Failure of Owners to Appoint Appraisers: If within fifteen (15) days after service of the resolution upon all of the owners, they or a majority in interest of them fail to appoint an appraiser and to report his name to the City Clerk, the City Council shall appoint a disinterested freeholder of the City to represent them.

"Sec. 364. Appointment of Third Appraiser; Oath: The appraiser appointed by the City Council and the appraiser appointed by the owner or owners, or if the owner or owners fail to appoint, then the two appraisers appointed by the City Council shall appoint a third appraiser, who shall be a disinterested freeholder of the City, and shall report his name to the City Clerk. Each appraiser shall take an oath or affirmation that he will fairly and impartially discharge his duties as an appraiser.

"Sec. 365. First Meeting of Appraisers: At the time fixed by the resolution of condemnation, the appraisers shall meet on the premises proposed to be condemned. If for any reason a meeting cannot be held at the time fixed by the City Council, then a meeting shall be held at another time fixed by the appraisers, in which case notice of the time and place of the meeting shall be personally served upon each of the owners of the land or easement proposed to be condemned, or if the notice cannot be personally served, it may be served by publication once a week for two successive weeks in some newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the City. The notice, whether given personally, by publication, or by posting, shall be served not less than five (5) days prior to the date of the hearing. At the first meeting the appraisers shall view the premises affected by the proposed condemnation and shall hear, but need not reduce to writing, any evidence as to damages and benefits that will result from the proposed condemnation presented by the owners or by the City. The appraisers may make their report at or after the hearing or they may, in their discretion, hold subsequent meetings.

"Sec. 366. Subsequent Meetings; When Notice Required: Subsequent meetings of the appraisers shall be held at such times and places as may be determined by them. No notice of such meetings need to be given either to the owners or to the City unless such meetings are to be public and for the purpose of hearing evidence. If held for such purpose, then unless such meeting is held at a time and place to which a former meeting of which the parties had lawful notice was adjourned, notice of the meeting shall be personally served upon all the parties, or, if such notice cannot be personally served, it may be served by publication once a week for two successive weeks in a newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the City. The notice shall be served, or publication or posting thereof completed not less than five (5) days prior to the time fixed for the meeting.

"Sec. 367. Determination of Damages and Benefits; Report: In determining the compensation to be paid by the City for the land or interest condemned, the appraisers shall take into consideration both the loss or damage which will result to the owners from the condemnation of the land or interest and the benefits that will result to any remainder of such land from the improvement for which the land or interest is to be condemned, the benefits to include both benefits or advantages special to the land and the benefits or advantages to the land in common with other lands affected by the improvement. The appraiser shall also take into consideration the value of any building or other property situated on the land proposed to be condemned if the owner is to be allowed to remove the building or other property, and the value thereof shall not be included in the compensation award. Having determined damages and benefits, the appraisers shall make their report to the City Council, in which report the appraisers shall show separately the amount of damages, the amount of benefits, and the amount which shall be paid by the City if it finally condemns the land or interest. In the event the property condemned is subject to a recorded lease or leases, the appraisers shall apportion the award between or among the person or persons owning the fee or fees and the person or persons owning the leasehold interest or interests; but in no event shall the total of the amounts so apportioned exceed the value of the property were it not subject to a recorded lease or leases. The report shall be sufficient if it is concurred in by two of the three appraisers. In the event that no two of the three appraisers can agree upon an appraisal, three new appraisers may be appointed in the same manner as the original appraisers, the new appraisal board shall follow the same procedure as required of the original appraisal board.

"Sec. 368. Action of City Council on Report: Within thirty (30) days after the report of the appraisers is submitted to the City Council, the Council shall determine what action it will take thereon. If the Council determines to abandon the proposed condemnation, it shall adopt a resolution to that effect, but the abandonment of the condemnation shall not prevent the City Council from thereafter instituting a proceeding to condemn the same land or interests. If the Council determines to condemn the land or interests, it shall adopt a resolution which shall contain substantially the following:

(1)       A recital that a Board of Appraisers has been appointed to determine the compensation to be paid for the land or interest, as provided by this Charter, and that the appraisers have remitted their report to the Council;

(2)       A statement of the amount of damages and benefits as fixed by the appraisers and of the compensation to be paid by the City for the land or interest condemned as fixed by the appraisers;

(3)       The determination of the Board as to the condemnation of the land or interest;

(4)       A description of the land or interest condemned;

(5)       A statement of the purpose for which the land or interest is condemned;

(6)       The name of the owner or owners of the land or other persons interested therein, if known, who were made parties to the proceeding;

(7)       The determination of the Council as to the time when the City will take possession of the land or interest condemned, and direction that such premises shall be vacated by such time, and, in case the owner is allowed to remove any building or part thereof or any other property on the premises, a direction that such property shall be removed before said date and that if the owner fails to remove the same within said time, the Council will have the same removed and the cost thereof shall be a lien upon the remainder of the property.

"Sec. 369. Vesting of Title in City: The adoption by the City Council of a final resolution of condemnation, as provided in the preceding Section shall have the effect of a judgment against the City of Rocky Mount for the amount of compensation fixed by the appraisers and shall vest in the City title to the land or interest condemned.

"Sec. 370. Appeal to Superior Court: If upon the adoption by the City Council of a final resolution of condemnation, either the owner of the land or interest condemned or the City Council itself is dissatisfied with the amount of the compensation to be paid for such land or interest as fixed by the appraisers, such owner or the City, or both, may within ten (10) days from the date of adoption of such resolution, appeal to the Superior Court of Nash or Edgecombe Counties, depending upon the location of the land or interest condemned. The party or parties appealing shall, within said ten (10) days, give notice of appeal to the other party by personal service if practicable, and, if not, by publication of a notice one time in a newspaper published in the City which is qualified to carry legal notices. The appeal or appeals shall not interfere with the vesting in the City of the title to the land or interest condemned or hinder the City in any way from proceeding with the improvements for which such land or interest was condemned.

"Sec. 371. Record of Appeal: Upon an appeal taken by either party, the City Clerk shall certify a copy of the record in the condemnation proceeding to the Superior Court of Nash or Edgecombe Counties, depending upon the location of the land or interest condemned, and such appeal shall be tried as other actions at law. The record upon appeal shall be composed of the preliminary resolution of condemnation, the oath of appraisers, the report of appraisers, the final resolution of condemnation, and the notice or notices of appeal. The record upon appeal, or any part thereof, shall be competent as evidence upon the trial of an appeal.

"Sec. 372. Registration of Condemnation Proceedings: In any case where any land or interest has been or may hereafter be condemned by the City Council, a copy of so much of the condemnation proceedings as may be necessary to show the land or interest condemned and the condemnation thereof shall be certified by the City Clerk and the same, upon being probated by the Clerk of the Superior Court, or other person authorized by law to probate instruments for registration, shall be registered in the office of the Register of Deeds for Nash or Edgecombe Counties, depending upon the location of the land or interest.

"Sec. 373. Sale or Other Disposition of Land Condemned: When any land or interest condemned by the City is no longer needed for the purpose for which it was condemned, the same may be used by the City for any other public purpose or may be sold or otherwise disposed of.

"Sec. 374. Removal by City of Structures on Condemned Land; Lien: When property upon which any building or other structure is wholly or partly located is condemned by the City under the provisions of this Charter or any other law, and the owner is allowed to remove such building or structure or part thereof, the City Council may, after the report of the appraisers has been made, name the time within which the owner may remove the building or structure, or part thereof, and if the owner fails to remove the same within said time, the City Council may cause the same to be removed and the cost thereof shall be a lien upon the condemnation proceeds for said land, or such cost may be recovered by the City in any court of competent jurisdiction.

"Sec. 375. Procedure Not Exclusive: The condemnation procedure set forth in this Article shall not be exclusive, but shall be in addition to the procedure for acquiring property provided municipal corporations by the General Statutes of North Carolina as now existing or as may from time to time be amended or to any other procedure provided by law.

"ARTICLE 2

Local Improvements

"Sec. 380. Authority to Make Local Improvements: The City Council shall have authority to make the local improvements described in this Charter or otherwise permitted by law, and to access the cost against benefited property. The procedure set forth in this Article shall not be exclusive, but shall be in addition to any other procedures provided by the General Statutes of North Carolina or other provisions of law.

"Sec. 381. Separate Proceeding not Required: One or more local improvements may be made in a single proceeding, and assessments for one or more local improvements may be combined.

"Sec. 382. Definitions: Certain words and phrases will be used with the following meanings with reference to local improvements, unless some other meaning is plainly intended:

(a)       A 'street' is the entire width between property lines of every way or place, of whatever nature, when any part thereof is dedicated or open to the use of the public as a matter of right for the purpose of vehicular or pedestrian traffic.

(b)       A 'sidewalk' is the part of a street which is used, or to be used, for pedestrian traffic.

(c)       A 'storm sewer' is a conduit above or below ground for the passage of storm water, and may include a pumping station and outlet where deemed necessary, and may also include the building of culverts over or the closing of streams where needed to carry off storm water.

(d)       A 'sanitary sewer' is an underground conduit for the passage of sewage and may include a pumping station and outlet.

(e)       A 'water main' is a pipe for the passage of City water for public hydrants and private and public use and consumption.

(f)        A 'lateral' is a pipe connecting a storm or sanitary sewer or water main with house or plumbing fixture to be served.

(g)       A 'roadway' is the part of a street which is used, or to be used for vehicular traffic.

(h)       The word 'sewer' includes both sanitary and storm sewers unless a contrary intention is shown.

"Sec. 383. Improvements Described: The City Council shall have authority to make the following local improvements:

(a)       Roadway paving improvements, which shall include the grading, regrading, paving, repaving and widening of roadways, or the improvement thereof with any treatment designed to provide an improved wearing, surface, with necessary drainage, sewer inlets, manholes, and catch basins and the construction or reconstruction of retaining walls made necessary by any change of grade incident to such improvement, and in any case where the improvement is made upon petition if the petition so requests, or in any case where the improvement is made without petition if the Council so directs, it may include the construction or reconstruction of curbs, gutters, drains, and sidewalks.

(b)       Water main improvements, which shall include the laying or construction of water mains, the relaying where necessary of parts of paved roadways and sidewalks torn up or damaged by the laying or construction of such mains, and, in any case where the improvement is made without petition and the Council so directs, the laying of water laterals.

(c)       Sanitary sewer improvements, which shall include the laying or construction of a sanitary sewer, the relaying, where necessary, of parts of roadways and sidewalks torn up or damaged by the laying or construction of such sewers, and in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the Council so directs, the laying of sanitary sewer laterals.

(d)       Storm sewer improvements, which shall include the laying or construction of storm sewers, the relaying where necessary, of parts of paved roadways and sidewalks torn up or damaged by the laying or construction of such sewers, and in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the Council so directs, the laying of storm sewer laterals.

(e)       Sidewalk improvements, which shall include the grading, regrading construction, reconstruction and repair of paved or other improved sidewalks, the construction or reconstruction of retaining walls made necessary by and incident to such improvements, and, in any case where the improvement is made upon petition, if the petition so requests, or in any case where the improvement is made without petition if the Council so directs, it may include the construction or reconstruction of curbs, gutters, drains, and retaining walls and the construction or reconstruction of all such portions of driveways as in the judgment of the Council ought to be laid in the street area.

(f)        Grass plot improvements, which shall include the grading and planting of grass plots in a street.

"Sec. 384. Water and Sewer Mains Between Streets: Whenever the Council finds it in the public interest, either water or sanitary sewer mains, or both, may be constructed between streets rather than in a street and the cost of the construction of such water or sewer mains and laterals shall be assessed according to the street frontage in the same manner and to the same extent that it would be assessed if the improvements were constructed in a street; provided that the City shall provide the rights of way for construction and maintenance of such mains at its own expense without assessing the cost thereof.

"Sec. 385. Inclusion of More Than One Improvement in Single Proceeding: (a) Any proceeding may include one or more local improvements on one or more streets, but all improvements included in one procedure shall be practically uniform in cost and kind.

(b)       Any proceeding may include making any one or more local improvements in or on a street or streets and for the assessment of the cost thereof, except the City's portion, wholly against the property abutting one side of such street or streets or otherwise against such abutting property as may be designated in the petition in any of the following cases: (1) In any case where there is park land or unimproved land abutting one side, or a part of one side, of a street.

(2)       Where the land abutting one side, or a part of one side of a street, is of such a nature or is devoted to such a purpose that a special assessment against it cannot be made, or, if made would probably exceed the value of the land assessed.

(3)       Where the owners of all the property to be assessed agree thereto.

"Sec. 386. The Petition; Certificate of Sufficiency: (a) Except as otherwise provided in subsection (b), the petition for any local improvements shall designate by a general description the improvement proposed, and shall request that such proportion of the cost of each of such improvements as may be specified in the petition be specially assessed against the property abutting on the street or part thereof in which or on which such improvements are proposed to be made. The petition shall be filed with the City Clerk.

(b)       1. In any case where the improvement is to be made on one side of a street only, the petition shall request that the asseessment be made only against the property abutting that side of the street whereon the improvement is to be made.

2. In any case where it is proposed to assess the cost of any local improvement covering the entire width of a street against the land abutting one side of the street only or against any lands less than all of those abutting the improved portion of the street, such petition shall designate the lands to be assessed.

(c)       Except as otherwise provided in subsection (d), the petition shall be signed by at least a majority in number of the owners, which majority must own at least a majority of all the lineal feet of frontage of the lands abutting the street or streets or part of a street or streets proposed to be improved, excluding street intersections.

(d) 1.   A petition for the making of local improvements on one side of a street only need be signed only by a majority in number of the owners of land abutting the side of the street whereon such improvement is to be made, which majority must at least own a majority of all the lineal feet of frontage of the lands abutting such side of the street, excluding street intersections.

2. Any petition for the making of any improvements covering the entire width of a street and the assessment of the cost thereof against the land abutting one side of the street only or against any lands less than all of those abutting the improved portion of the street, shall be signed by all of the owners of the lands thus proposed to be assessed.

(e) 1.   For the purpose of the petition, all the owners of undivided interests in any land shall be deemed and treated as one person and such land shall be sufficiently signed for when the petition is signed by one of the owners of such undivided interest.

2. For the purpose of this Section, the word 'owner' shall be considered to include the owners of any life estate, of an estate by entirety, or of the estate of inheritance, and shall not include mortgagees, trustees of a naked trust, trustees under deeds of trust to secure the payment of money, lien holders, or persons having inchoate rights of courtesy or dower.

(f)        Upon the filing of such petition, the City Clerk shall investigate the sufficiency of the petition, and if it is found to be sufficient, he shall certify the same to the Council.

"Sec. 387. When Petition Unnecessary; No Petition Shall be Necessary: (a) For the making of any local improvements for which the City bears the entire cost without assessment.

(b)       If, in the judgment of the City Council, the abutting property to be assessed will be benefited in an amount at least equal to the assessment, or in the cases set forth in subsections (c) through (h) where in the judgment of the City Council the amount proposed to be assessed is only a part of the total cost of the improvement and the abutting property to be assessed will be benefited in an amount at least equal to such partial cost.

(c)       Street Paving Improvements: When, in the Judgment of the Council:

1. Any street or part of a street is unsafe; or

2. The improvement of a street or part of a street not more than three blocks in length is necessary to connect streets already paved; or

3. The improvement of a street or part of a street is necessary to connect a paved street, or portion thereof, within the City with a paved highway beyond the City Limits; or

4. The improvement of a street or part of a street is necessary to provide a paved approach to a railroad or street grade separation or any bridge; or

5. Any street or part of a street should be widened.

(d)       Water Main Improvements: When in the judgment of the City Council any street or part of a street, or any property within the City, is without a public water supply and can be served, and water service should be provided in the public interest.

(e)       Sanitary Sewer Improvements: When in the judgment of the City Council any street or part of a street, or any property within the City, is without a public sanitary sewer system and can be served, and sanitary sewer service should be provided in the public interest.

(f)        Storm Sewer Improvements: When in the judgment of the City Council any street or part of a street, or any property within the City, is without storm sewer facilities, and can be served, and storm sewers should be provided in the public interest.

(g)       Sidewalk Improvements: When in the judgment of the City Council any street or part of a street is without sidewalks and sidewalks should be provided in the public interest or that any existing sidewalk is unsafe and should be repaired.

"Sec. 388. Notice of Hearing: (a) Upon the presentation of a sufficient petition for local improvements, or when it is proposed to make without petition improvements authorized to be made without petition, a notice shall be prepared by the City Clerk which shall contain substantially the following:

(1)       That a sufficient petition has been filed for the making of the improvements, or, if it is proposed to make the improvements without petition, a statement of the reasons proposed for the making thereof.

(2)       A brief description of the proposed improvements.

(3)       The proportion of the cost of the improvements to be assessed and the terms of payment.

(4)       A statement of the time and place of a public hearing on the proposed improvements.

(5)       A statement that all objections to the legality of the making of the proposed improvements shall be made in writing, signed in person or by attorney, and filed with the City Clerk at or before the time of the hearing, and that any objections not so made will be waived.

(b)       The notice shall be published one time in a newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, the City Clerk shall cause to be posted in three public places in the City, the date of publication or posting to be not less than ten (10) days prior to the date fixed for the hearing. A copy of the notice shall be served upon the owners of the lands subject to assessment for such improvements, if such owners can be found with reasonable diligence within the City. If any such owner cannot with reasonable diligence be found within the City, then a copy of the notice shall be mailed to his address, as nearly as the same can be ascertained with due diligence. The certificate of the person designated to serve or mail the notices that such notices were served or mailed shall be conclusive in the absence of fraud. The serving or mailing of notices shall be completed not less than five (5) days prior to the date filed for the hearing. The word 'owners' as used herein has the same meaning as in Section 386.

"Sec. 389. Public Hearing: At the time for the public hearing, or at some subsequent time to which such hearing shall be adjourned, the Council shall consider objections to the legality of the improvements made in compliance with paragraph (5) of subsection (a) of the preceding Section, together with objections to the policy or expediency of the making of the improvements, and the Council shall thereafter determine whether it will order the making of the improvements. Any objections to the legality of the making of the improvements not made in writing, signed in person or by attorney, and filed with the City Clerk at or before the time or adjourned time of the hearing shall be considered as waived; and if any such objection shall be made and shall not be sustained by the Council, the adoption of the resolution ordering the making of the improvements shall be the final adjudication of the issues presented, unless within ten (10) days after the adoption of the resolution proper steps shall be taken in a court of competent jurisdiction to secure relief.

"Sec. 390. Resolution Ordering Improvements; Publication: (a) After the public hearing, if the Council determines to make the improvements proposed, it shall adopt a resolution which shall contain:

1. If the improvements are to be made by petition, a finding by the Council as to the sufficiency of the petition, which finding shall be final and conclusive.

2. If the improvements are to be made without petition, a finding by the Council of such facts as are required in order to authorize improvements without petition.

3. A general description of the improvements to be made and the designation of the street or streets or parts thereof where the work is to be done.

4. If the improvement directed to be made is the paving of a roadway or part thereof wherein a railroad company has tracks, a direction that said company pave that part of the street occupied by its tracks, the rails of the tracks, and 18 inches in width outside such tracks, with such material and in such manner as the governing body may prescribe, and that unless such paving be completed on or before a day specified in the resolution, the governing body will cause the same to be done. Where such railroad company shall occupy such street or streets under a franchise or contract which otherwise provides, such franchise or contract shall not be affected by this Section except insofar as may be consistent with the provisions of such franchise or contract.

5. If the improvement directed to be made includes the construction of water mains or sewers, and in order to provide the mains or sewers in the street or streets to be improved, it is necessary to extend them beyond the limits of the street or streets, the resolution shall contain a provision for the necessary extension of such mains or sewers and a further provision that the cost of such extension shall eventually be assessed against the lots or parcels of land abutting the street or streets in which such extensions are made but that assessments shall not be made until such time as the Council shall thereafter determine by appropriate resolution.

6. If the improvement directed to be made is the paving of a roadway or part thereof, or the construction of sidewalks, the resolution may, but need not, contain a direction that the owner of each lot abutting the part of the street to be improved, connect his lot with the water mains, or sewer pipes, or any one or more thereof, located in the street adjacent to his premises.

7. A designation of the proportion of the cost of the improvements to be assessed against abutting property, and of the number of equal annual installments in which assessments may be paid.

8. The resolution after its passage shall be published at least once in some newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, the resolution shall be posted in three public places in the City for at least five (5) days; except, that in any case where the Council directs that the notice should be served or mailed instead of being published, the resolution ordering the improvements need not be either published or posted.

"Sec. 391. Details of Construction; Contracts for Construction: The Council shall have power to determine the character and type construction and of material to be used and to determine any other details or plans of construction necessary to be determined in making any local improvements and to determine whether any work to be done by the Council shall be done by contract or by the City. If the work or any part thereof, is to be done by contract, the Council may let all of the work in one contract, or it may divide it into several contracts, and may let contracts separately.

"Sec. 392. Determination as to Cost of Improvements: Upon completion of the improvements, the Council shall ascertain the total cost. In addition to other items of cost, there may be included therein the cost of all necessary legal services, the amount of interest paid during construction, the amount of damages paid or to be paid for injury to property by reason of any change of grade or drainage, including court costs and other expenses incidental to the determination of damages, and the cost of retaining walls, sidewalks or fences built or altered in lieu of cash payment for property damage, including the cost of moving or altering any building. The determination of the Council as to the total cost of any improvement shall be conclusive.

"Sec. 393. Preliminary Assessment: (a) Having determined the total cost, the Council shall make a preliminary assessment. The preliminary assessment shall be advisory only and shall be subject to modification. Except as otherwise provided in subsection (b), the preliminary assessment shall be as follows:

(1)       Roadway Paving: The total cost of any roadway paving improvement, excluding the cost incurred at street intersections, may be specially assessed against the lots and parcels of land abutting the street containing the roadway paved, according to the frontages thereon by an equal rate per foot of frontage, except that, where the petition so requested, the cost shall be assessed against the lands on one side of the street only or against such lands as were designated in the petition.

(2)       Water Mains and Sewers: The cost of water mains and sewers in such amount as is determined by the Council within its discretion but according to a predetermined policy, may be assessed against the abutting property. Such cost may be assessed against the lots and parcels of land according to their respective frontages thereon by an equal rate per foot of such frontage. If the resolution ordered the construction of any pumping station, outfall, septic tank or disposal plant, no part of the cost of the same shall be specially assessed unless when outfall tap is permitted. Nothing contained herein shall be construed to limit the power of the Council to contract with any property owner or owners for the construction of any pumping station, outfall, septic tank, or disposal plant, or for the construction of water mains or storm or sanitary sewers and for the assessment of the cost thereof according to the terms of such contract. The entire cost of each water and sewer lateral may be specially charged against the particular lot or parcel of land for or in connection with which it was constructed, except that the assessments shall be calculated as if the lateral were laid from the center of the street. The cost of installing storm sewers may, however, be assessed as part of the cost of roadway paving.

(3)       Sidewalks: The total cost of constructing or reconstructing sidewalks may be assessed against the lots and parcels of land abutting that side of the street upon which the improvements are made according to their respective frontages thereon by an equal rate per foot of such frontage, the lots within a block being deemed to abut upon a sidewalk although the latter extends beyond the lot to the curb line of an intersecting street. The total cost of constructing portions of driveways within the street area may be assessed against the lots for which they are constructed.

(4)       Grass Plots: The entire cost of grading or otherwise improving or of planting the grass plots in any street or part thereof may be assessed against the lots and parcels of land abutting the street or part thereof where or whereon the improvements are made by an equal rate per front foot of such frontage: Provided, that this subsection shall be construed to mean that when a grass plot in any street is graded or planted or otherwise improved, the cost thereof may be assessed against all of the property abutting the side of the street within the block where such grass plot is located.

(b)       If the petition (or the resolution in those cases where the improvement was ordered made without petition) specified that there should be specially assessed against the abutting property a smaller proportion of the cost of any improvement than that set forth in subsection (2), there shall be assessed against abutting property only the proportion of the cost as was specified in the petition or in said resolution. No restriction or denial of access to an abutting street shall affect the levy or collection of any assessment for local improvements.

(c)       The cost of paving, water, sewer and sidewalk improvements upon, in or to any portion of a right of way or any property owned by the State of North Carolina, any agency or subdivision thereof, shall be assessed against the right of way or property and shall be paid by the State, its agency or subdivision.

"Sec. 394. Corner Lot Exemptions: The Council shall have authority to determine the amount and applicability of assessment exemptions for corner lots, and to distinguish between different classifications of property uses. The exemptions for paving sidewalk, and storm sewer improvements shall not exceed sixty feet and shall be limited to residential uses, and the exemptions for water mains and sanitary sewers shall not exceed one hundred and fifty feet for residential uses and one hundred feet for business uses. If the corner formed by two intersecting streets is rounded into a curve or is foreshortened for the purpose of providing sight distance or for any other purpose of construction, the frontage for assessment purposes shall be calculated to the midpoint of the curve or foreshortened corner.

"Sec. 395. Preliminary Assessment Roll: The Council shall cause to be prepared a preliminary assessment roll, on which shall be entered a brief description of each lot or parcel of land assessed, the amount assessed against each lot, the name or names of the owner or owners of each lot, (as defined in Section 386) as far as the same can be ascertained: Provided, that a map of the improvements on which is shown the frontage and location of each affected lot, together with the amount assessed against each lot and the name or names of the owner or owners thereof, as far as the same can be ascertained, shall be a sufficient assessment roll. If the resolution directed the making of more than one improvement, a single preliminary assessment roll for all the improvements authorized by such resolution shall be sufficient, but the cost of each improvement to each lot affected shall be shown separately. After the preliminary assessment roll has been completed, it shall be filed in the office of the City Clerk, and there shall be published in some newspaper published in the City which is qualified to carry legal notices, or if there be no such newspaper, the City Clerk shall cause to be posted in three places in the City, a notice of the completion of the assessment roll, setting forth a description in general terms of the improvements, the amount of each assessment, and stating the time fixed for the meeting of the Council for the hearing of objections to the special assessment, such meeting to be not earlier than ten (10) days after the first publication or from the date of posting of said notice. Any number of assessment rolls may be included in one notice. In any case where the preliminary notice was served or mailed instead of being published, this notice need not be published or posted but may be served or mailed. The serving or mailing of notices shall be completed not less than five (5) days prior to the date fixed for the hearing of the assessment roll, and the return of the person serving or mailing the same shall in the absence of fraud be conclusive that the same were served or mailed.

"Sec. 396. Hearing; Revision; Confirmation; Lien: At the time appointed for that purpose or at some other time to which it may adjourn, the Council shall hear objections to the preliminary assessment roll of all persons interested who may appear and offer proof in relation thereto. Then or thereafter, the Council shall either annul or sustain or modify in whole or in part the assessment, either by confirming the preliminary assessment against any or all lots or parcels described thereon, or by cancelling, increasing or reducing the same, according to the special benefits which the Council decided each of the lots or parcels has received or will receive on account of the improvements, except that assessments against railroads because of contract or franchise obligations shall be in accordance with such obligations. If any property is omitted from the preliminary roll, the Council may place it on the roll and levy the proper assessment. The Council may thereupon confirm the assessment roll, and assessments so confirmed shall be in proportion to the special benefits, except in the case of franchise obligations or railroads. Whenever the governing body shall confirm assessments for local improvements, the City Clerk shall enter on the Council minutes and on the assessment roll the date of confirmation, and from the time of confirmation the assessments shall be a lien on the property assessed of the same nature and to the same extent as County and City taxes and shall be superior to all other liens and encumbrances. After the assessment roll is confirmed a copy of the same shall be delivered to the City Collector of Revenue.

"Sec. 397. Appeal to Superior Court: If the owner of, or any person interested in, any lot or parcel of land against which an assessment is made is dissatisfied with the amount of the assessment, he may, within ten (10) days after the confirmation of the assessment roll, give written notice to the Council that he takes an appeal to the Superior Court of the county in which such land is situated, in which case he shall within twenty (20) days after the confirmation of the assessment roll serve on the Mayor a statement of facts upon which he bases his appeal. The appeal shall be tried as other actions at law. The remedy herein provided for any person dissatisfied with the amount of the assessment against any property of which he is the owner or in which he is interested shall be exclusive.

"Sec. 398. Power to Correct Error in Assessment: If it shall appear after confirmation of any assessment roll that an error has been made, the City Clerk shall cause to be published one time in some newspaper published in the City, or if there be no such newspaper, the City Clerk shall cause to be posted at three public places in the City, a notice referring to the assessment roll in which the error was made, naming the owner or owners of the lot or parcel of land affected by the error, if the same can be ascertained, and naming the time and place fixed for a hearing by the Council for the correction of the error, such meeting not be earlier than ten (10) days from the publication or from the date of the posting of the notice. At the time fixed in the notice or at some subsequent time to which the Council may adjourn, the Council after giving the owner or owners of the property affected and other persons interested therein an opportunity to be heard, may proceed to correct the error, and the assessment then made shall have the same force and effect as if it had originally been properly made. No notice and hearing shall be necessary if the correction does not increase an assessment against any property not owned by the City, or if all of the property owners affected by the correction waive notice in writing.

"Sec. 399. Reassessment: The Council shall have the power, when in its judgment there is any irregularity, omission, error or lack of jurisdiction in any of the proceedings relating thereto, to set aside the whole of the local assessment made by it, and thereupon to make a reassessment. In such case there shall be included, as a part of the cost of the improvement involved, all interest paid or accrued on notes or certificates of indebtedness, or bonds issued by the City to pay the expenses of such improvement. The proceeding shall, as far as practicable, be in all respects as in the case of original assessments, and the reassessment shall have the same force as if it had originally been properly made.

"Sec. 400. Publication of Notice of Confirmation of Assessment Roll: After the expiration of twenty (20) days from the confirmation of the assessment roll, the City Clerk, shall cause to be published one time in some newspaper published in the City which is qualified to carry legal notices, or, if there is no such newspaper, shall cause to be posted at three public places in the City, a notice of confirmation of the assessment roll, and that assessment may be paid at any time before the expiration of thirty (30) days from the date of publication or posting of the notice, without interest from the date of confirmation of the assessment roll, but that if such assessment is not paid in full within said time, all installments thereof shall bear interest at the rate of six per centum (6%) per annum from the date of confirmation of assessment roll.

"Sec. 401. Payment of Assessments in Cash or by Installments: The property owner or railroad company assessed shall have the option of paying for improvements in cash or in not less than two or more than ten equal annual installments as may have been determined in the resolution ordering the improvement. If paid in installments, installments shall bear interest at the rate of six per centum (6%) per annum from the date of confirmation of the assessment roll. If any assessment is not paid in cash, the first installment with interest shall become due and payable thirty (30) days after the publication of posting of the notice of confirmation, and one subsequent installment and interest shall be due and payable on the same day of the month in each successive year until the assessment is paid in full: Provided, however, that if the Council shall so direct, installments shall become due and payable on the same date when property taxes of the City are due and payable. If any installment with interest is not paid when due, it shall be subject to the same penalties as are now prescribed by law for unpaid taxes, in addition to the interest herein provided for. The whole assessment may be paid at any time by the payment of the full amount due with accrued interest.

"Sec. 402. Enforcement of Payment of Assessments: Upon the failure of any property owner to pay any installment when due and payable, all of the installments remaining unpaid shall immediately become due and payable, and the property and rights of way may be sold by the City under the same rules, and regulations, rights of redemption and savings as are now prescribed by law for the sale of land for unpaid taxes. Unpaid assessments, interest, and penalties owed by railroad companies and the State of North Carolina, its agencies or subdivisions, may be collected by writs of mandamus issued by the Superior Court of the county in which such land is situated. Collection of assessments with interest and penalties may also be made by the City by proceedings to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the State, and it shall be lawful to join in any bill for foreclosure any one or more lots or parcels of land by whomsoever owned, if assessed for an improvement ordered by the same resolution, after default in the payment of any installments. The payment of said installment, together with interest and penalties due thereon, before the lot or parcel of land, against which the same is a lien, is sold or said lien is foreclosed shall bar the right of the City to sell land or to foreclose the lien by reason of default.

"Sec. 403. Assessment of Cost of Water Main and Sewer Extensions: If the resolution ordering the making of any improvement or improvements included a provision for any necessary extension of a water main or sewer or sewers beyond the limit of a street or streets, at such time after the completion of said extension or extensions, as, in the judgment of the Council, circumstances justify the assessment of the cost thereof, the Council shall cause a preliminary assessment to be made and the procedure thereafter to be followed with respect to such assessment and the force and effect thereof shall be as already prescribed for other assessments.

"Sec. 404. Apportionment of Assessments: In any case where one or more special assessments have been made, and property has been, or is about to be, subdivided, and it is desirable that the assessments be apportioned among the subdivisions of such property, the Council may, upon application by the owner or owners, apportion the assessments among the subdivisions. Thereafter, each subdivision shall be relieved of any part of the original assessment except the part apportioned to the subdivision, and the part of the original assessment apportioned to any subdivision shall be of the same force and effect as the original assessment.

"Sec. 405. Change of Ownership: No change of ownership of any property or interest therein after the passage of a resolution ordering the making of a local improvement shall affect subsequent proceedings, and the improvement may be completed and assessment made therefor as if there had been no change in ownership.

"Sec. 406. Lands Subject to Assessment: No lands in the City, including railroad company lands and rights of way and property of the State of North Carolina, its agencies or subdivisions shall be exempt from special assessments except lands belonging to the United States which are exempt under the provisions of Federal Statutes, and the officers, boards of directors, trustees or other governing bodies of all incorporated or unincorporated bodies in whom is vested the right to hold and dispose of real property shall have the right by authority duly given to sign the petition for any local improvements.

"Sec. 407. Proceedings in Rem: All proceedings for special assessments shall be proceedings in rem, and no mistake or omission as to the name of any owner or person interested in any lot or parcel of land affected thereby shall be regarded as a substantial mistake or omission.

"Sec. 408. Council May Hold in Abeyance Certain Water and Sewer Assessments: (a) The Council may provide by resolution that assessments levied against abutting lots or parcels of land for water main improvements or sanitary sewer improvements, when in its opinion such improvements may not presently be used by the owner or owners of the abutting lots or parcels of land, may be held in abeyance without the payment of any interest thereon until such time the Council shall determine that any such assessments shall be paid in accordance with the terms set out in the confirming resolution. A part of the assessments levied for the improvements herein set out on a street or streets, or portion thereof, may be held in abeyance as herein provided without holding all of said assessments in abeyance.

(b)       All statutes of limitations, and particularly the statute of limitations provided for in Chapter 331, Section 1, of Public Laws 1929 (G. S. 160-93) are hereby suspended during the time that any assessment is held in abeyance without the payment of interest, as provided in subsection (a). Such time shall not be a part of the time limited for the commencement of action for the enforcement of the payment of any such assessment, and such action may be brought at any time within ten (10) years from the date of the adoption of a resolution by the Council, determining that such assessment shall be paid in accordance with the original resolution confirming it.

(c)       Nothing herein shall be construed to revive any right of action which has heretofore been barred by the statute of limitations.

"Sec. 409. Abutting Property Outside City Limits: If any lots or parcels of land abutting any local improvements are located outside the City Limits, the Council may continue and delay the levy of assessments against such property until the City Limits are extended to include such property, or the Council may provide that no water or sewer service connections shall be made to such property, pending the annexation thereof, until all assessments thereon are paid. Upon annexation, if not paid prior thereto, the Council may levy assessments for such local improvements against such property, and the procedure therefor shall be the same as provided in this Charter. Nothing contained in this Section shall be construed to prohibit or restrict the Council and a property owner from entering into an agreement for payments in lieu of assessments.

"Sec. 410. Procedures Not Exclusive: The procedures set forth in this Article for making improvements and assessments shall not be exclusive, but shall be in addition to the procedures for the same provided municipal corporations by the General Statutes of North Carolina as now existing or as may from time to time be amended or to any other procedure provided by law.

"ARTICLE 3

Claims Against the City

"Sec. 420. Presentation of Claims to City Council: No suit or action shall be instituted or maintained against the City upon any claim or demand whatever of any kind or character unless the claimant shall, within ninety (90) days after the date of the accrual of the cause of action, have presented his claim or demand to the City Council in writing and the City Council shall have declined to pay or honor the same as presented, or for ninety (90) days after presentation shall not have taken action with respect thereto. Further, no suit or action shall be instituted or maintained against the City upon any such claim or demand unless suit is instituted within twelve (12) months from the date of the accrual of the cause of action, the same being thereafter forever barred. Nothing contained herein shall be construed to prevent any other statute of limitations from commencing to run at the time when a claim accrued or demand arose, or in any manner to interfere with its running.

"Sec. 421. Time for Presentation of Claims: Notwithstanding the provisions of Section 420, hereof, 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 ninety (90) days after the termination of the physical or mental 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 one (1) year 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 ninety (90) days after termination of the physical or mental incapacity, or within one (1) year after the happening or infliction of the injury complained of, whichever is the longer period. The City at any time may 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.

"ARTICLE 4

"Sec. 430. (a) Municipal Board of Elections: A Municipal Board of Elections is hereby created for the City of Rocky Mount, consisting of a Chairman and two members who shall be appointed on or before September 1, 1963, and biennially thereafter, by the City Council, and who shall serve for a term of two (2) years, and until their successors are appointed and qualified.

(b)       Powers and Authority: The Municipal Board of Elections created by paragraph (a) is hereby clothed, in addition to the powers and authority herein bestowed, with all the powers and authorities of all provisions of the election laws of the State of North Carolina applicable to municipalities (including but not limited to Chapter 160 of the General Statutes, Article 3, Sections 29-51), not inconsistent herewith.

"Sec. 431. All elections held in the City of Rocky Mount shall be held under the general supervision and authority of the Municipal Board of Elections and under the following rules and regulations:

(1)       Time for Holding Elections of Officers: Municipal elections shall be held on the Tuesday after the first Monday of May, 1964, and annually thereafter.

(2)       Polling Places: There shall be such polling places as are from time to time established by the Municipal Board of Elections.

(3)       Ward and Precinct Registrars Appointed: The Municipal Board of Elections shall select at least thirty (30) days before any City Election one person for each polling place who shall act as Registrar of the Voters for the ward or precinct in which such polling place is located. Such persons shall be resident of the City, able to read and write, be of good character, and who, before entering upon discharge of their duties, shall take the oath hereinafter prescribed.

(4)       Judges of Election: The Municipal Board of Elections shall at least thirty (30) days before any City Election appoint two Judges for each polling place who shall be of different favor to the candidates for the same office where possible, if more than one candidate for the same office is running, and shall be residents of the City and persons of good character, able to read and write, and who, before entering upon the discharge of their duties, shall take the oath as hereinafter prescribed.

(5)       Persons Assisting Registrars and Judges: The Registrars may at any time prior to a City Election appoint such additional number of persons as may be authorized by the Municipal Board of Elections to assist the Registrars and Judges in the conduct of the election at their respective polling places, which persons shall, where possible, be of different favor to different candidates where more than one candidate is running for the same office, and shall be persons of good character, residents of the City, able to read and write, and who, before entering upon such duties, shall take the oath as hereinafter prescribed.

(6)       Oath of Registrars and Judges or Assistant to Judges and Registrars: Before entering upon the duties of his office, each Registrar, Judge or any person assisting said Registrar or Judge in the election, shall take the following oath to be administered by the Chairman of the Municipal Board of Elections, or by the Registrar to the two Judges, or to such persons assisting him, and/or by one of the Judges to the Registrar or to such person assisting him, such oaths to be reduced to writing and signed by the person taking the same and indicating before whom such oath was sworn to, which shall be kept on file in the office of the Chairman of the Municipal Board of Elections, or if there is no such office, in the office of the City Clerk.

'I do solemnly swear (or affirm) that I will administer the duties of my office without fear or favor; that I will not in any manner request or seek to persuade or induce any voter to vote for or against any particular candidate or proposition, and that I will not keep or make any memorandum of anything occurring within the voting booths, except I be called upon to testify in a judicial proceeding for a violation of the election laws of the City of Rocky Mount or State of North Carolina, so help me, God.'

(7)       Compensation for Ward or Precinct Registrars, Judges and Persons Assisting Them and Members of the Municipal Board of Elections; Expense of Election: The ward or precinct Registrars, Judges and any person assisting them in the election shall receive the same compensation as allowed for conducting a State-wide election; and members of the Municipal Board of Elections shall receive compensation in the amount fixed by the City Council.

(8)       Vacancies; Removals: If a vacancy occurs on election day in the office of Registrar, the Judges of the precinct or polling place shall appoint a replacement. If a vacancy occurs on election day in the office of Judge, the Registrar shall appoint a replacement. Vacancies occurring at any other time shall be filled by the Municipal Board of Elections.

(9)       Registration of Voters: (a) The municipal registration of the City of Rocky Mount in use during the City election held on the first Tuesday in May, 1964, together with all registrations and transfers of registration hereafter added to the same, pursuant to law, and as the same may hereafter be corrected and deleted, as required by law, shall, except as otherwise provided, be and constitute the sole official registration for municipal elections in the City and may, if consented to by the County Board of Election of both Nash and Edgecombe Counties, be and constitute the same in all State-wide elections; and the said County Board of Elections and/or the Municipal Board of Elections shall have the power to correct the duplicates in the ward and/or precinct registration books to conform to the original registration certificates at any time whatsoever, including the day of any City election, county election, or State-wide election. All original registration certificates of electors in the City of Rocky Mount shall be kept by the Municipal Board of Electors in a safe place to be provided by the City.

(b)       The Judges, Registrars and other election officers appointed by the Municipal Board of Election shall, whenever practical, be Judges of State-wide elections conducted by the said County Board of Elections.

(c)       In the discharge of the duties herein imposed, the Municipal Board of Elections shall be clothed with every power, not inconsistent with this Charter, conferred by law upon County Boards of Elections relating to the registration of voters.

(d)       The Municipal Board of Elections may make such arrangements and agreements with the said County Board of Elections and State Board of Elections for cooperation or mutual assistance in connection with the registration of voters in the City as it may find to be practicable and consistent with law. The Municipal Board of Elections may utilize the services of the said County Board of Elections or State Board of Elections, with the lawful consent of said Boards; and each such Board is authorized to cooperate with the Municipal Board of Elections and, to the extent permitted by law, to provide such information and facilities as the Municipal Board of Elections may request for its assistance in the registration of voters in the City.

(10)     Permanent Registration: (a) The Municipal Board of Election shall, not later than January 1, 1964, establish a modern, loose-leaf registration book system as provided in Chapter 163 of the General Statutes of North Carolina with a permanent registration office to be located in City Hall, or other places designated by the Board of Elections, and with a permanent, full-time, paid Registrar who shall superintend registration during all hours that the offices are open, other than during such times as registration of voters is closed as hereinafter provided. Said permanent Registrar shall have exclusive custody of the original registration books and records and shall be responsible for the safekeeping of the same. Such permanent Registrar shall be paid such compensation as is determined by the Municipal Board of Elections and approved by the City Council. Such registration book system shall provide for the registration of voters by the ward or precinct in which they reside.

(b)       The registration books shall be closed at 6:00 o'clock P. M. on the fourth Saturday preceding any election and shall remain closed until the Monday following the conclusion of the election and the certification of the results thereof to the Municipal Board of Elections by the Registrars and Judges as hereinafter provided. During such time no registration shall be made of any new voter prior to the election, except as hereinafter provided.

(c)       On election day, the Municipal Board of Elections shall certify to each Registrar the official ward or precinct registration books or records showing the registered voters of his ward or precinct. Said books or records shall be returned by the registrars to the Municipal Board of Elections immediately after the election.

(d)       The City Council may, in its discretion, at any time order a new registration of voters and must order the same when a new State-wide registration is ordered. Upon the ordering of a new registration, the Municipal Board of Elections shall give at least thirty days' notice thereof by publication for once a week for four consecutive weeks in a newspaper of general circulation in the City, which newspaper shall be one qualified to run publications, and also by posting such notice at City Hall. In any new registration, the party affiliation of the new registrants shall be set forth for purposes of State-wide elections only.

(e)       In the event any registration books, or any part thereof, are destroyed, mutilated, or lost, the Municipal Board of Elections may make out a new registration or a new set of registration books from the duplicates as hereinbefore provided for, certifying on each registration card which is duplicated as a result of said mutilation, destruction, or loss, that it is a true copy of the mutilated, destroyed, or lost original.

(f)        Prior to any municipal election, or prior to any special election, the City Council may, by a resolution passed by a majority vote, in addition to all the facilities provided herein and by Chapter 163 of the General Statutes of North Carolina pertaining to a full-time registration, require the Municipal Board of Elections to specially open the registration at each ward or precinct polling place, or such other place designated by the said Board of Elections, for such time and upon such days as the City Council may, in its discretion, think necessary, provided that no such registration at the polling place shall fall on a day less than thirty (30) days prior to a municipal election.

(11)     Registration Books Revised: The Municipal Board of Elections shall have the power to revise the registration books and require them to be purged of illegal or disqualified voters. When an order for revision is made by the Municipal Board of Elections, it shall be the duty of the permanent Registrar to prepare from the registration books a list of the names of registered voters with their names and addresses as appear on the registration books, who are in his opinion, dead or disqualified by removal from the City as a resident or otherwise, stating on said list the reason for said proposed removal. When such list is prepared, the Municipal Board of Elections shall thereupon cause to be mailed to each of the names on the list at his or her known address, or, if not known, then to such address as shown on the registration books, a notice requiring such person to appear at the City Hall before the Municipal Board of Elections on or before seven (7) days from the date of said mailing and show that they are legally entitled to vote in the City elections and State-wide elections. Upon failure of such person to offer satisfactory evidence that he or she is qualified and entitled to vote in the City elections and State-wide elections, their names shall be stricken off the registration books. The Municipal Board of Elections shall keep a list of all names stricken off the registration books and causes for removal for a period of at least five (5) years, after which such lists may be destroyed.

(12)     Who Qualified to Register and Vote: Any person desiring to register shall appear before the Registrar, be sworn, and state his name, age, place of birth, present address, and other information pertinent to establishing his identity and qualifications under the rules and regulations prescribed for the registration of voters for State-wide elections. Provided, that the party affiliation of each registrant shall be set forth for purposes of State-wide elections only.

(13)     Absentee Ballots: No vote by absentee ballot shall be permitted in connection with any municipal elections.

(14)     Oath Upon Registration: Any person registering as a voter shall take the oath as set forth in Chapter 163, Section 29, of the General Statutes of North Carolina to be administered by the Registrar of the ward or precinct in which he is being registered, or by any member of the Municipal Board of Elections.

(15)     Registration by Registrars: When ordered by the Municipal Board of Elections, with the approval of the City Council, each Registrar shall, between the hours of 9:00 o'clock A. M. and 5:00 o'clock P. M. on the second and third Saturdays preceding any election keep open the registration books at the polling place for registration of any new voters residing in that ward or precinct and entitled to register and whose names are not then registered for a City election or State-wide election; provided, however, such Registrars may register such persons at other times and places on and from the third Saturday preceding any election and to and including 5:00 o'clock P. M. on the second Saturday preceding the election. On the second Saturday preceding any election, the registration books shall be closed at 5:00 o'clock P. M. and thereafter no registration shall be made of any new voter by either the Registrar or the Municipal Board of Elections prior to the election, except as hereinafter provided. The registration books shall immediately be returned to the permanent registration office by the responsible ward or precinct Registrars.

(16)     Registration after Registration Books are Closed: No registration shall be allowed after 5:00 o'clock P. M. on the second Saturday preceding and prior to the election but if any person shall give satisfactory evidence to the permanent Registrar that he has attained the age of 21 years, and has otherwise become qualified to register and vote since the registration books were closed to registration, he shall be allowed to register after 5:00 o'clock P. M. on the second Saturday preceding the election and prior to or on election day and vote in said election. Provided, that the Municipal Board of Elections shall furnish duplicates of any new registration of voters at any time to the respective County Board of Elections in accordance with the procedure in paragraph (c) of this Section.

(17)     Books Open for Challenge: On the first Saturday immediately before the election, the registration books shall be kept open at the permanent Registration Office in the City for the inspection of the electors and voters of the City, and any of such electors or voters shall be allowed to object to the name of any person appearing on said registration books.

(18)     Challenges: When a person is challenged, the permanent Registrar shall enter upon the books by the registration of the name of the person objected to the word 'Challenged' and shall appoint a time and place on or before Monday immediately preceding the election day, when the Municipal Board of Elections shall hear and decide the objection, giving personal notice to the voters so objected to, who shall have the opportunity of being present at said hearing; and if for any cause personal notice cannot be given, then, it shall be sufficient to leave a copy of such notice at his residence. If any person challenged shall be found not duly qualified, the permanent Registrar shall remove his name from the registration books noting thereon the reason therefor. The Municipal Board of Elections shall hear and determine the causes of challenge under the rules and regulations prescribed by the General Statutes regulating elections for members of the North Carolina General Assembly.

(19)     Where to Vote: All registered and qualified voters shall be required to vote at the polling place designated by the Municipal Board of Elections on the day of the election, except as otherwise provided by law.

(20)     Transfer of Registration: If a voter has duly registered in a ward or precinct and since said registration has moved his residence to another ward or precinct in the City, such applicant shall, before being allowed to vote, fill out and sign a printed transfer certificate requesting, that his registration be transferred to the ward or precinct of his residence, and thereupon said registration shall be transferred by the Municipal Board of Elections. Provided, however, that no transfer shall be made on election day, but on any day other than an election day, said application may be made to the Municipal Board of Elections or the Registrar of the ward or precinct in which then registered, or to the Registrar of the ward or precinct in which then a resident, and upon such application to either of said Registrars, such Registrar shall immediately turn over such applications for transfer of registration to the Municipal Board of Elections, which shall in turn transfer such voter's registration to the registration books of the ward or precinct in which the voter is then residing. Any such request for transfer of registration may be made to the Municipal Board of Elections at any time, whether or not the registration books are then open. The transfer certificates shall be in substantially the following form:

                                                                          'Date ________________________, 19____

I, _____________________, I hereby certify that I have moved my residence from Ward ___________ in which I am now a registered voter to _____________ in Ward ___________, and request that my registration be transferred to the ward of my new residence.

                                                                           __________________________________

                                                                                      (Signature of Registered Voter)

Witness:

____________________________________________________________________

                   (Registrar of Wards or Member of Municipal Board of Elections)'

(21)     When Polls Open and Close: The polls shall be open on the day of the election from 6:30 o'clock A. M. until 6:30 o'clock P. M., Eastern Standard Time, and no longer; each person whose name may be registered as hereinbefore provided shall be entitled to vote; provided, however, that any person who is in bounds of the polling place as of 6:30 o'clock P. M. on the date of the election and has not voted shall be allowed to vote.

(22)     Polling Places: The Municipal Board of Elections shall secure buildings for use as polling places and each polling place shall be furnished and arranged in the manner provided in Chapter 163, Section 165 of the General Statutes of North Carolina.

(23)     Registration Books; Where Deposited: Immediately after any election, the ward and precinct Registrars shall deposit the registration books for their respective wards or precincts with the Municipal Board of Elections.

(24)     Ballots; Printing; Delivery, Accounting For, Etc.: The Municipal Board of Elections shall cause to be printed at least six (6) days prior to the election, the official ballots for the election which shall contain the names of all candidates for election to each office who shall have filed as hereinafter provided, or the questions or propositions to be voted on, which shall be printed on white paper with black ink and in a number at least equal to the registered voters of the City. Sample ballots of the official ballots shall be printed in black ink on colored paper and with the words, 'Sample Ballot' printed conspicuously thereon, and shall be printed in such number as the Municipal Board of Elections determines necessary to distribute for instructing voters.

The Municipal Board of Elections shall cause to be delivered to the Registrar for each ward or precinct at least one (1) day before the election, ballots equal at least in number to the voters registered in that ward or precinct which shall be packaged and each package shall have written or stamped thereon the number of ballots contained in each package, and the Registrar shall not open or unpackage said ballots until the date of the election and except at the polling place, and the Registrars shall be responsible to safeguard the same until the election. Upon delivery of the ballots, the Municipal Board of Elections shall cause to be obtained a receipt therefor from each Registrar. Upon completion of the election each Registrar shall return to the Municipal Board of Elections all used ballots, as well as all unused and spoiled ballots, and shall render a full accounting of all ballots over his signature showing the number of ballots received, number used, number spoiled, etc. Upon the close of the counting of the ballots as herein provided, the Registrar shall replace the said ballots in the official box, lock the same and deliver it to the Municipal Board of Elections.

(25)     Use of Voting Machines: The use of any voting machines approved by the State Board of Elections in any City election or State-wide election held in the City shall be as valid as the use of proper ballots by the voters.

(26)     Notice of Election: The Municipal Board of Elections shall cause to be published a notice of the election once a week for four consecutive weeks preceding the date of the election in some newspaper published in the City which is qualified to carry legal notices, or if there is no such newspaper by posting in three public places in the City, which notice shall set forth and contain the date and hours of the election, the proposition to be voted on or the office to be elected, the names and addresses of the Registrar and Judges for each ward or precinct, the polling places for each ward or precinct, the dates and places the registration books will be open, when candidates must file notice and the challenge date.

(27)     Filing as a Candidate: Any person qualified to run as a candidate for Mayor or Councilman of the City of Rocky Mount shall file as a candidate for such office by 5:00 o'clock P. M. on the fifth Monday immediately preceding the date of the election. Any candidates for any office shall pay to the Municipal Board of Elections a filing fee of twenty-five dollars ($25.00) to be paid into the General Fund of the City and shall file such notice with the Municipal Board of Elections in substantially the following form:

'I, ________________, do hereby give notice that I reside at _________________ in Ward __________ of the City of Rocky Mount; that I am a candidate for election to the office of Councilman from Ward __________ (or to the Office of Mayor of the City of Rocky Mount) to be voted upon at an election to be held on the first Tuesday of May, 19_____, and I hereby request that my name be printed upon the official ballot as a candidate for the election to such office; and I hereby agree to be bound and to abide by the official results of said election:

                                                                           __________________________________

                                                                                            (Signature of Candidate)

Signed before and filed, this ___________day of ______________, 19_____.

________________________________

(Member, Municipal Board of Elections)'

(28)     Ballots Counted: (a) When the election shall be finished as provided herein, the Registrar and Judges of the election shall immediately thereafter open the boxes and count the ballots cast at their polling place, reading aloud the names of persons for whom votes have been cast on each ballot; and the counting of the votes shall be continued without adjournment until completed and the result thereof declared.

(b)       When the result of the counting of the ballots has been ascertained, the results shall be embodied in a duplicate statement to be prepared by the Registrar and Judges on forms furnished by the Municipal Board of Elections and certified to by said officers. One of the statements of the voting in the ward or precinct shall be placed in a sealed envelope and delivered by the Registrar or Judge selected to the Municipal Board of Elections at its meeting to be held on the second day after the election. One other duplicate statement shall be mailed by one of the other election officers to the Municipal Board of Elections at the Main Post Office immediately after the vote count has been completed on election night.

(29)     Municipal Board of Elections Shall Canvass Vote: (a) The Municipal Board of Elections shall meet at 11:00 o'clock A. M. on the second day next after the election, at the City Hall, for the purpose of canvassing the votes cast in the City and respective wards or precincts of the City. Any Registrar or Judge appointed to deliver the certified returns from his ward or precinct who shall fail to deliver those returns at the meeting of the Municipal Board of Elections by 11:00 o'clock A. M. on the day of the said Board meeting shall be guilty of a misdemeanor, unless for illness or good cause shown for such failure. If any election returns of a ward or precinct have not been received by the said Board by 11:00 o'clock A. M. on the first day of this meeting, or if any returns are incomplete or defective, the said Board shall have authority to dispatch the Chief of Police or other police officer for the purpose of securing the proper returns for the ward.

(b)       The Municipal Board of Elections shall, at their meeting, in the presence of such electors as choose to attend, open, canvass, and determine the results of the voting in the City, and respective wards or precincts of the City and make abstracts of the name of each candidate voted for and the number of votes given to each candidate for each different office, and shall sign the same. The Municipal Board of Elections shall have the power and authority to pass judicially upon all the votes relative to the election and judicially determine and declare the results of the same; to send for papers and persons and examine the latter upon oath; and to pass upon the legality of any disputed ballots transmitted to them by any Registrar or Judge in any Ward or precinct of the City.

(30)     Result of Election: (a) The candidates receiving the majority of the votes cast for the respective offices shall be declared elected. If any candidate fails to receive a majority of the votes so cast a second election shall be held on the second Tuesday in May after the first Monday, provided that the same is called for by the candidate receiving the next highest number of votes cast within twenty-four hours after the result of the election has been certified by the Municipal Board of Elections. Only the two candidates receiving the highest number of votes in the first election shall be eligible as a candidate for the respective offices in the second election. In the case of a tie between opposing candidates, the result shall then be determined by lot before the Municipal Board of Elections.

(b)       The Municipal Board of Elections shall transmit one copy of the certified abstract of the results of the election to the Mayor and shall publish the results of the election at the door of the City Hall.

(31)     Election Officials: No official or employee of the City nor any relative of such official or employee shall be eligible to serve as an election official in any election to be held under the provisions of the Charter.

(32)     Special Elections: The City Council shall have the power to call at any time any special election for the purpose of voting upon the question of issuing bonds for any purpose, or for any other purpose authorized by law. No special election shall be held for any purpose unless notice is published once each week for four successive weeks in some newspaper published in the City which is qualified to carry legal notices, or if there is no such newspaper, by posting in three public places in the City, unless expressly provided to the contrary. Registration made and elections held under the authority of the Municipal Finance Act shall be called, conducted and canvassed as provided by said Act. All other elections shall be held under the same rules and conditions as are provided in this Charter for municipal elections.

(33)     In the event of the absence, death, sickness or disability or inability to act by a member of the Municipal Board of Elections, the City Council shall appoint other qualified electors of the City to act in his place and stead.

"ARTICLE 5

PROCUREMENT AND ALIENATION OF PROPERTY

"Sec. 440. Contracting Procedures: All contracts involving more than two hundred and fifty dollars ($250.00) and all deeds (other than deeds for cemetery lots) and leases shall be made or authorized by the City Council. No such contract or deed or lease shall bind the City unless reduced to writing and be signed by the Mayor and attested by the City Clerk; provided, however, that a facsimile signature of the Mayor may be used on any contract, lease or deed involving less than one thousand dollars ($1,000.00) where authorized in writing by him and where such facsimile signature is countersigned by the City Manager. Contracts involving two hundred and fifty dollars ($250.00) or less and cemetery deeds may be made by the City Manager or his designee.

"Sec. 441. Sale of Personal Property: Any personal property belonging to the City, not exceeding one hundred dollars ($100.00) in value at the time of sale, may be sold or exchanged by the City Manager without the necessity of prior approval by the City Council and without advertisement, upon such terms and conditions as deemed by the City Manager to be appropriate, including trade-ins; provided, however, all such sales shall be reported by the City Manager to the City Council at its next meeting. Personal property belonging to the City, not exceeding twenty-five hundred dollars ($2500.00) in value at the time of sale, may be sold or exchanged by the City Council without advertisement upon such terms and conditions as deemed by the Council to be proper, including trade-ins. Personal property having a value in excess of twenty-five hundred dollars ($2500.00) shall be sold only at public sale as provided by the General Statutes of North Carolina. The provisions hereof are in addition to any other procedures for the sale of personal property belonging to municipal corporations now or hereafter provided by law.

"Sec. 442. Sale of Real Property: All real property and interests therein or hereafter belonging to the City, may be sold or leased by the City whenever deemed advisable by the City Council, according to the provisions of the laws now or hereafter governing the sale of or lease of real property by the City of Rocky Mount or other municipal corporations.

"ARTICLE 6

FRANCHISES

"Sec. 450. Public Utility Franchises: The City Council may grant franchises for the operation of public utilities within the City and for the use of the streets, street rights of way and alleys of the City by such public utilities for non-street and/or non-vehicular purposes for such terms and upon such conditions as the public welfare demands, and in its discretion may hold special elections on the question of granting franchises; provided, however: (a) The terms of such franchises shall not exceed thirty (30) years, unless renewed at the end of the period granted.

(b)       All such franchises shall be revocable by the City Council for violation of its conditions by the franchises if not corrected within a reasonable time after written notice from the City of such violation.

(c)       No franchise so granted may be transferred without the prior approval of the City Council.

(d)       Such franchises shall contain such reasonable provisions as the City Council in the exercise of its sound discretion deems proper, unless prohibited by law.

"Sec. 451. Annexation and Expiration of Franchise: In the event: (a) There is annexed to the City an area within which a utility service is being furnished; or

(b)       A public utility is operating within the City without previously having had a franchise granted to it by the City; or

(c)       A public utility is operating within the City under a franchise granted by the City and such franchise expires and is not renewed or a new franchise is not granted the utility by the City, and the City is at such time furnishing the same utility service to its residents or is allowed by law to and has elected to begin furnishing the same to its residents, the City may, at its election: (1) Acquire the facilities and properties of the public utility located within the corporate limits of the City used or useful in providing particular service from such public utility by negotiation and the payment of just compensation therefor; or

(2)       Direct the public utility to remove such facilities and properties from the public streets, street rights of way, alleys, parks or other rights of way belonging to the City, subject to the provisions of Section 452.

"Sec. 452. Necessity of Franchise: From and after one (1) year from the effective date hereof, no public utility shall commence or continue to operate or do business in the City unless such utility shall have first had granted to it a franchise by the City under the provisions hereof, unless such public utility shall at such time have in effect a valid and enforceable franchise heretofore granted by the City, in which event it shall not be necessary that it have granted to it a franchise under the provisions hereof until such previously granted franchise shall have expired; provided, however, if a public utility shall have been granted a franchise by the City and the same shall have expired, said public utility shall continue to operate under the terms of the expired franchise until: (a) A new franchise is granted to the same public utility; or

(b)       A franchise is granted to another public utility to furnish the same service; or

(c)       The City elects to and is in a position to render the same service and the same is allowed by law. If the City elects to grant a franchise under subsection (a) or (b) above, but the City and the public utility after due negotation are unable to agree upon the terms thereof, the matter shall be submitted by both parties and heard by the North Carolina Utilities Commission under the provisions of G. S. 62-61 as if the parties thereto had agreed to such submission in writing.

"Sec. 453. Applicability: The provisions hereof shall apply to electric, natural gas, water and sewer, telephone, pay television, pay television antennae, intra-city buses, ambulances, and all other public utilities for which the City may grant franchises.

"ARTICLE 7

TRAFFIC REGULATION

"Sec. 460. Authority of City Council to adopt Regulations: (a) Subject to the provisions of subsection (b) of this Section, the City Council may adopt ordinances regulating the speeds of vehicles upon any City streets and may establish truck routes (or other required routes for limited classes of vehicles or traffic) applicable to any City street. As used in this Section, the term 'City Streets' includes all public highways, roads and streets within the City Limits, including numbered State highways, and highways, roads and streets maintained, repaired, constructed, reconstructed or widened in whole or in part with State funds.

(b)       All ordinances concerning vehicle speeds, truck routes or other required routes that apply to numbered State highways shall not become effective until certified to the State Highway Commission by the City Clerk after its adoption; provided, however, all such ordinances shall be prima facie deemed to have been so certified by the City Clerk upon his affidavit to that effect.

(c)       The authority herein granted to the City Council shall be in addition to any authority conferred by general law upon the City Council or the City to regulate vehicles, traffic or the use of City streets.

"Sec. 461. Power to Regulate Ambulances and Wreckers: The City Council may establish regulations governing the operation of ambulances, wreckers, and other motor vehicles used in connection with emergencies, disasters, or accidents, and may provide for the operation of an ambulance service or a wrecker service, or to enter into a contract or contracts for the providing of such service by a private person or persons.

"Sec. 462. Power to Regulate Obstruction of Alleys: If, in the opinion of the City Council, a fire hazard is created by the obstruction of private alleys, the City Council may adopt regulations prohibiting the obstruction of private alleys, either by reason of the parking of motor vehicles or otherwise but such regulations shall not be construed so as to restrict or limit the legal right of the owners of interests in a private alley to close the alley or to exercise other property rights therein.

"Sec. 463. Location of Traffic Control Devices: The City Council may authorize the City Manager to designate the location of official traffic control devices, upon a determination by him in writing certified to the City Council:

(1)       That its installation at the location in question is necessary in order to control traffic congestion or is in the interest of public safety; or

(2)       If such a device is to be moved or removed from a particular location, that the device is no longer required at such location for control of traffic congestion or in the interest of public safety. An 'official traffic control device' as used in this Section is a sign, signal, stop light, marking or device, including a parking meter, which is intended to regulate vehicular or pedestrian traffic.

"Sec. 464. Council May Accept Civil Fines in Lieu of Criminal Penalties for Traffic Violations: Authority is hereby granted to the City Council, by ordinance, to accept civil fines in such amounts as may be deemed by them reasonable in lieu of satisfaction of the criminal penalties provided for the violation of traffic ordinances. No State taxes shall be paid by the City to the State of North Carolina for civil fines accepted in lieu or satisfaction of the criminal penalties referred to herein. All civil penalties so collected shall be paid into the General Fund of the City.

"ARTICLE 8

FISCAL AFFAIRS

"Sec. 472. Collector of Revenue: The City Manager shall appoint a Collector of Revenue who shall hold office at his pleasure and shall serve under the direction of the Director of Finance. All funds, including tax funds, owed by the City shall be collected by the Collector of Revenue and delivered to the Director of Finance.

"Sec. 473. Bonds: The City Manager, Director of Finance and Collector of Revenue and such other persons handling funds of the City as the Council deems advisable shall, before entering upon their respective offices, give bond payable to the City in such amounts, according to such terms and with such sureties as the Council shall direct. The premiums for all such bonds shall be paid by the City.

"Sec. 474. General Authority to Levy and Collect Taxes: To raise revenue for defraying expenses incident to the proper government of the City, the City Council may annually levy and collect (1) an ad valorem tax on real and personal property (including intangible property not exempt from taxation) and on all other property subject to ad valorem taxes under law; (2) a tax on all businesses, trades, professions, avocations, privileges, and franchises, carried on or enjoyed within the City as permitted by law; and (3) any other taxes permitted by the General Statutes of North Carolina.

"Sec. 475. Levy, Collection and Payment of Ad Valorem Property Taxes: (a) Except as otherwise herein provided, ad valorem property taxes shall be imposed and collected in the manner provided by the General Statutes of North Carolina.

(b)       Ad valorem property taxes shall become due and payable on the date provided by law. Interest shall be charged for late payment, and discounts may be allowed for prepayment of taxes, in the amounts and during the periods covered by law.

(c)       The Council may make rules and regulations for the release of any particular parcel or parcels of real estate or personal property listed in the name of any person, firm or corporation upon payment of that portion of the tax allocated to such property without requiring the payment of all of the taxes listed by such person, firm or corporation. The property upon which taxes are so paid shall be released or exempt from the lien of the unpaid portion of taxes.

(d)       If for any reason the making out of tax statements is delayed so that persons cannot ascertain the full amount of their taxes in time to take advantage of the discounts herein provided for, the Council may revise the schedule of discounts and penalties, either or both, as in its judgment may be fair and proper, but the maximum provided for by subsection (b).

(e)       The Collector of Revenue shall, on the second Monday in June of each year, report a list of all taxpayers, owning taxes for the current year which are liens on real property and the City Council shall thereupon, at its next regular meeting, order the sale of the tax lien on said real property of said taxpayers to be held at one of the times prescribed in the General Statutes of North Carolina.

"Sec. 476. 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 Collector of Revenue may employ the remedies of levy upon personal property, attachment and garnishment, in the manner of and subject to the limitations provided in G. S. 105-385(c) through (g).

"Sec. 477. Borrowing Authority and Procedures: The City shall be governed by the General Statutes of North Carolina concerning borrowing authority and procedures.

"Sec. 478. Accounting, Budgeting and Other Fiscal Procedures: Subject to the provisions of this Charter, all of the provisions of the Municipal Fiscal Control Act (now codified as Article 33, Chapter 160 of the General Statutes of North Carolina) shall apply to the City.

"Sec. 479. Reserve Funds: The City Council at its discretion may establish reserve funds in the manner provided by the General Statutes of North Carolina.

"Sec. 480. Investment of Proceeds of the Sale of Bonds and Other Surplus Funds: (a) The Mayor, City Manager and Director of Finance, acting jointly, shall from time to time carefully analyze the amount of cash in the General Fund of the City, and in all other funds, and all proceeds from the sale of bonds heretofore or hereafter issued by the City. When, in the opinion of the Mayor, City Manager and Director of Finance, acting jointly, it is determined that the cash in any fund is in excess of the amount required to meet current needs, the Mayor, City Manager and Director of Finance, acting jointly may deposit excess funds at interest with an official depository in the City; or invest excess funds in bonds or certificates of indebtedness or treasury bills of the United States of America, or in bonds, notes or other obligations of any agency or instrumentality of the United States of America when the payment of principal and interest therein is fully guaranteed by the United States of America, or in bonds of the City of Rocky Mount, North Carolina, or in certificates of deposit issued by banks or official depositories within the City of Rocky Mount, North Carolina.

(b)       The funds shall be so invested that, in the judgment of the Mayor, City Manager, and Director of Finance, acting jointly, they may be readily converted into money as needed. Earnings from the investment of proceeds of the sale of bonds of the City may be applied to the payment of the interest or principal of said bonds, or may be applied as increment to the proceeds. Earnings received on deposits and the income from investments, other than the investment of the proceeds from the sale of bonds, unless otherwise required by law, shall be paid into the City's General Fund. Nothing in this Section shall be construed as permitting moneys realized from the investment of the proceeds of the sale of bonds of the City to be used for any purpose other than the purpose for which the bonds were authorized.

(c)       The Mayor, City Manager and Director of Finance, acting jointly, may make deposits in designated depositories to the extent that the depositories are qualified to receive such deposits under the law, and may purchase and sell the securities or investments hereinabove set out privately and without notice, but no such securities or investments shall be purchased at more than the market price thereof nor sold at less than the market price thereof. The City may pay all costs of every nature incident to the purchase and sale of securities.

(d)       When the securities hereinabove mentioned are purchased or sold outside of the City, and it is not deemed practical to transport any or all of such securities from the place of purchase to Rocky Mount or from Rocky Mount to the place of sale, the City Council is authorized to name a bank or banks with which such securities may be left in a safekeeping account in the name of the City. No security shall be required for the protection of securities or investments thus held for safekeeping. No City officer or employee, including the officer or employees having charge or custody of City funds, or the surety or sureties on any official bond, shall be liable for any losses sustained when securities and investments are deposited or left with any bank or banks in the manner hereinbefore authorized.

"Sec. 481. All checks of the City shall bear the signature of the City Manager and shall be disbursed by him only on warrants issued by the Director of Finance; provided, however, in his absence said checks may be signed by such person as may be designated by the City Council on his recommendation and who has given bond as provided in Section 473 hereof.

"ARTICLE 9

ORDINANCE PROCEDURE

"Sec. 484. Power to Adopt Ordinances: In addition to the powers and authorities granted municipal corporations by the Constitution and General Statutes of North Carolina relative to the adoption of ordinances having the effect of law, the City Council is hereby authorized and empowered to enact ordinances having the effect of law for the government of the City, to establish, promote, advance and maintain the general welfare, culture, morals, and economy of the City, its environs and inhabitants and to maintain the public peace, quiet and good order said ordinances to be enforceable within the City and for a distance of one mile in all directions of the City Limits, and to repeal or modify the same. The City Council may further provide for the enforcement of such ordinances by the imposition of jail sentences not exceeding thirty (30) days or fines or penalties of not more than fifty dollars ($50.00) in each instance for the violation thereof.

"Sec. 485. Code of Ordinance: (a) The City Council may adopt and provide for the publication and distribution of a codification of the City ordinances, to be known and cited as the 'Code of the City of Rocky Mount'. Each code shall consist of two separate parts. The first part shall be known as 'General Ordinances', and shall include all ordinances not designated 'Technical Ordinances'. The second part shall be known as 'Technical Ordinances', and shall include all ordinances regarding the construction of buildings, the installation of plumbing, the installation of electric wiring, the installation of oil appliances, or as appliances and equipment, and other technical ordinances designated as such by the City Council.

(b)       The official copy of the Code of the City of Rocky Mount, including all ordinances, amending or supplementing the Code, shall be kept in the office of the City Clerk.

"Sec. 486. Codification of Certain Zoning, Traffic and Related Ordinances by Appropriate Entries Upon Official Map Books: (a) Every ordinance concerning the matters enumerated in subsection (b) and (c) of this Section may be codified by appropriate entries upon official map books to be retained permanently in the office of the City Clerk. Such entries shall be made by or under the direction of the City Manager. In conjunction with the introduction of every proposed ordinance concerning any of these matters, a map of the affected area shall be presented to the City Council.

(b)       The ordinances referred to in subsection (a) include all ordinances establishing or amending boundaries of any district under zoning regulations.

(c)       The ordinance referred to in subsection (a) also include all ordinances: (1) Designating the location of official traffic control devices;

(2)       Designating areas or zones where restrictions, prohibitions or other controls are applied with respect to parking, loading, bus stops, and taxicab stands;

(3)       Establishing speed limits;

(4)       Designating the location of through streets, stop intersections, yield right of way intersections, waiting lanes, one-way streets and truck traffic routes; and

(5)       Establishing restrictions, prohibitions, or other controls upon vehicle turns at designated locations.

"Sec. 487. Ordinances of Limited Application: The City Council shall have the power to pass ordinances which shall be effective only in certain districts or sections of the City, or ordinances which may except from their operations any district or sections of the City, if in the judgment of the City Council the condition in such sections or districts requires them to be included in or excepted from the provisions of any such ordinance.

"ARTICLE 10

PERSONNEL

"Sec. 490. Appointment and Removal of Department Heads and Employees; Salaries; Absence or Disability: (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, with the approval of the City Council, may employ consultants of any kind when needed. The City Manager shall report to the City Council every appointment and removal of a department head at the next Council meeting following the appointment or removal.

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

(c)       Neither the City 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. The City Council and its members shall deal with the administrative service solely through the City Manager, and neither the City Council nor any member thereof shall give specific orders to any subordinates of the City Manager, be it publicly or privately.

"Sec. 491. Public Liability Insurance Policies Covering Certain Employees: The City may purchase and pay the premium on a public liability insurance policy or policies to protect and hold harmless from loss any City employee or employees engaged in occupations found by the City Council to be hazardous to the public generally.

"Sec. 492. Loss and Theft Insurance Policies Covering Certain Employees: The City may purchase and pay the premium on an insurance policy or policies to protect and hold harmless from loss by disappearance, theft, or means other than the wrongdoing of the insured employee or employees, any City employee or employees who are engaged in duties which require them to be responsible for public funds.

"ARTICLE 11

JUVENILE COURT

"Sec. 500. Creation: There is hereby continued a Juvenile Court for the City established, organized and operated in accordance with the provisions of Article 2 of Chapter 110 of the General Statutes of North Carolina.

"ARTICLE 12

ULTIMATE STREET IMPROVEMENTS

"Sec. 510. Intent and Purpose: It is the intent and purpose of this Article to provide a method whereby the City of Rocky Mount may make provisions for the utimate widening or extension, or both, of existing streets and highways and for the opening of new streets and highways by the establishment of proposed street lines, and for the gradual acquisition of the lands necessary for such improvements.

"Sec. 511. Platting of 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 Section 136-66.2 of the General Statutes of North Carolina, the City Council shall have the power to request, make, or cause to be made, from time to time, surveys for the exact location of the lines of proposed 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 proposed 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. 512. Establishment of Proposed Street Lines: Following the preparation of such plats, the City Council may officially adopt a map or maps of planned proposed streets and highways, widenings, narrowings, or vacations, within the City and the area within one mile outside of its corporate boundaries. Before taking any such action, the City 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 any affected area lying outside of the corporate boundaries. Such notice shall be published or posted for the first time not less than fifteen (15) days prior to the date fixed for said hearing. Following adoption of such a map or maps, the City Council shall certify a copy to the Register of Deeds of Nash or Edgecombe County as the case may be, which copy shall be duly filed. The placing of any street or street line upon this 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 or acceptance of any land for street purposes.

"Sec. 513. Right of City to Acquire Property Before Improvement: From and after the time when any such map or maps shall have been adopted and certified to the Register of Deeds, 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 buildings on such land shall, in writing, notify the City Council of the nature and estimated cost of such buildings, repairs, or improvements. The City Council shall then determine whether it will take the necessary steps to acquire said land prior to the construction of said building or the making of such repairs or improvements. If it fails, within sixty (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, the owner or other person giving notice may proceed to erect the building or to make the repair or improvements described in said notice.

"Sec. 514. Owner Failing to Give Notice Cannot Recover for Value of Improvements: If any person, firm or corporation builds upon any land included with 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 land free from said improvements, as provided herein, the City 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.

"Sec. 515. Failure of City to Act Does not Limit Power Subsequently to Condemn: The failure of the City Council to take action under Section 513 within sixty (60) days after notice shall not have the effect of limiting the right of the City Council at any subsequent time to condemn the same. But in such case, the owner shall be entitled to full compensation as now provided by law for the building, repair, or improvements made after the giving of notice required by Section 513.

"Sec. 516. Powers Hereby Conferred are Supplementary: The powers granted to the City of Rocky Mount by this Article are supplementary to any powers heretofore or hereafter granted by general or special laws for the same or a similar purchase; and in any case where the provisions of this Article conflict with or are different from the provisions of any other act, the City Council may in its discretion proceed in accordance with the provisions of either act."

Sec. 2. All ordinances and resolutions heretofore adopted by the governing body of the City of Rocky Mount and which have not heretofore been repealed, are hereby ratified and continued in full force and effect until altered or repealed by the City Council of said City.

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after June 1, 1963.

In the General Assembly read three times and ratified, this the 14th day of June, 1963.