Title: S.L. 1965-449

NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 449
HOUSE BILL 598

AN ACT TO AUTHORIZE AN ELECTION IN THE TOWN OF PLYMOUTH UPON THE QUESTION OF ADOPTING THE COUNCIL‑MANAGER FORM OF GOVERNMENT.

The General Assembly of North Carolina do enact:

Section 1. That the governing body of the Town of Plymouth may at any time subsequent to the date of the ratification of this Act cause to be submitted to the qualified voters of the Town of Plymouth at a special election a proposal to adopt the Council‑Manager Form of Government, which if approved by the voters would provide the following:
"(a)	The governing body of the Town of Plymouth shall appoint a town manager who shall be the administrative head of the town government responsible for the administration of all departments. The town manager shall be appointed with regard to merit only, and he need not be a resident of the town at the time of his appointment. He shall hold office during the pleasure of the governing body and shall receive such compensation as it shall fix by ordinance.
"The town manager so appointed shall (1) be the administrative head of the town government; (2) see that within the town the laws of the State and the ordinances, resolutions and regulations of the governing body are faithfully executed; (3) attend all meetings of the governing body, and recommend for adoption such measures as he shall deem expedient; (4) make reports to the governing body from time to time upon the affairs of the town, keep the governing body fully advised of the town's financial condition and its future financial needs; (5) appoint and remove all employees of the town, not including, however, the town attorney, the town auditor, members of committees and commissions, now appointed by the governing body in conformity with the charter and present ordinances of the town; and all appointments and removals made by the manager shall be reported to the governing body at the next meeting thereof following such appointments or removals; (6) and perform all other duties as may be required by the governing body."
Sec. 2. The special election authorized by this Act shall be conducted and the result thereof determined and declared by the governing body of the Town of Plymouth as is now provided by law for the election of the mayor and members of the governing body, and all other matters pertaining to said election shall be as provided by law for the conduct of special elections applicable to municipalities in this State. At such election ballots shall be provided containing the words "For Council‑Manager Form of Government," and "Against Council‑Manager Form of Government." If a majority of the votes cast at such special election shall be "For Council‑Manager Form of Government," the same shall become effective and be operative in the Town of Plymouth from and after the next succeeding first day of July. If a majority of the votes cast shall be "Against Council‑Manager Form of Government," such proposal shall be null and void and the government of the Town of Plymouth shall continue in the manner provided by law on the effective date of this Act.
Sec. 3. All laws, ordinances, resolutions, orders, or other lawful regulations of the Town of Plymouth, existing at the time said Council‑Manager Form of Government becomes effective, shall continue in full force and effect until repealed, modified or superseded as provided by law.
Sec. 4. All laws and clauses of laws in direct conflict with provisions of this Act are hereby repealed to the extent of such conflict.
Sec. 5. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 7th day of May, 1965.

Page 	S.L. 1965-449	House Bill 598