NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 868
HOUSE BILL 1442

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF CARY AND TO REPEAL PRIOR CHARTER ACTS.

The General Assembly of North Carolina do enact:

Section 1. The Charter of the Town of Cary is hereby revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF CARY
"ARTICLE I. INCORPORATION AND GENERAL POWERS
"Section 1.1. Incorporation and general powers. The Town of Cary shall continue to be a body politic and corporate under the name and style of the 'Town of Cary', and shall continue to be vested with all property and rights which now belong to the Town; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract, may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges and immunities of every name and nature.
"Section 1.2. Enumerated powers not exclusive. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein or implied hereby, or those appropriate to the exercise of such powers, the Town of Cary shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate.
"Section 1.3. Exercise of powers. All powers, functions, rights, privileges, and immunities of the Town, its officers, agencies or employees, shall be carried into execution as provided by this Charter, or if this Charter makes no provision, as provided by ordinance or resolution of the Town Council and as provided by the general laws of North Carolina pertaining to municipal corporations.
"Section 1.4. Form of government. The form of government of the Town of Cary shall be known as the 'Council-Manager Form of Government', as set forth in the General Statutes of North Carolina subject to the modifications of this Charter. Nothing contained in this Charter shall be construed to prevent the form of government of the Town of Cary from being changed as by law provided.
"ARTICLE II. CORPORATE BOUNDARIES
"Section 2.1. Existing corporate boundaries. (a)  The corporate limits of the Town shall be those existing at the time of the ratification of this Charter and as the same may be altered from time to time in accordance with law. The Town Engineer shall prepare a map to be designated 'Map of the Town of Cary Corporate Limits' showing the corporate limits as the same may exist as of the effective date of this Charter. The Town Engineer shall also prepare a written description of the corporate limits as shown on said map to be designated 'Description of Cary Corporate Limits'. Said map and description shall be retained permanently in the Office of the Town Clerk as the official map and a description of the corporate limits of the Town. Immediately upon alteration of the corporate limits made pursuant to law from time to time, the Town Engineer shall indicate such alteration by making appropriate changes and/or additions to said official map and description. Photographic types or other copies of said official map or description certified as by law provided for the certification of ordinances shall be admitted in evidence in all courts and shall have the same force and effect as would the official map or description.
(b)	The Town Clerk shall require the re-drawing of the official map and the rewriting of the official description as may from time to time be required. A redrawn map and a rewritten description shall supersede for all purposes the earlier maps and descriptions which are respectively replaced.
"Section 2.2. Extension of corporate boundaries. All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.
ARTICLE III. MAYOR AND TOWN COUNCIL
"Section 3.1. Form of government. The government of the Town and the general management and control of all its affairs shall be vested in a Town Council, which shall be elected and shall exercise its powers in the manner hereinafter provided, except that the Town Manager shall have the authority hereinafter specified.
"Section 3.2. Number and qualification of councilmen. The Town Council shall consist of five (5) members, who shall be elected at large by and from the qualified voters of the Town for a term of four (4) years and until their successors are elected and qualified; the two (2) councilmen of the present Council who were elected to office for a term of four (4) years at the municipal election in 1969 and the three (3) councilmen who were elected to office for a term of four (4) years at the municipal election in 1971 shall continue in office for the remainder of their terms and until their successors are elected and qualified as councilmen. The purpose of this Section is to provide for staggered terms of office for councilmen until changed as by law provided.
"Section 3.3. Legislative powers. All the legislative powers of the Town shall be vested in the Town Council. The Town Council elected as aforesaid shall meet at the regular meeting time in the Town Hall on Thursday following the regular municipal election, and the members of the Town Council whose terms of office then begin shall severally make oath of office as prescribed by law to perform faithfully the duties of their respective offices. Thereupon, the Mayor shall be elected by the council from among its own members and shall hold office as Mayor for a term of two (2) years, and until his successor is duly elected and qualified. The Mayor shall have all rights, duties, and responsibilities of a councilman. A Mayor Pro Tempore shall be elected by the Town Council from among its own members and shall hold office as Mayor Pro Tempore during the pleasure of the Council. The organization of the Council shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or nonelection of one or more members, but at least a quorum of the members must be present. Any member entitled to make the aforesaid oath, who was not present at the time fixed therefor, may make oath at any time thereafter.
"Section 3.4. Meetings. The Town Council shall fix suitable times for its regular meetings. The Mayor, the Mayor Pro Tempore of the Town Council, or any two members thereof, may at any time call a special meeting by causing a written notice, stating the time of holding such meeting and signed by a person or persons calling the same, to be delivered in hand to each member or left at his usual dwelling place at least six (6) hours before the time of such meeting. Meetings of the Town Council may also be held at any time when all members of the Council are present and consent thereto.
"Section 3.5. General Procedure. A majority of the members of the Town Council shall constitute a quorum. Its meetings shall be public, and the Mayor, who shall be the official head of the Town, shall, if present, preside and shall have the same power as the other members of the Council to vote upon all measures coming before it, but shall have no power of veto. In the absence of the Mayor, the Mayor Pro Tempore of the Council shall preside, and in the absence of both, a Chairman Pro Tempore shall be chosen. The Town Clerk shall be ex officio clerk of the Town Council, and shall keep records of its proceedings; but in case of his temporary absence, or in case of a vacancy in the office, the Town Council may elect by ballot a temporary clerk, who shall be sworn to the faithful discharge of his duties and may act as Clerk of the Town Council until a Town Clerk is chosen and qualified. On request of one member, the vote shall be yeas, and nays, and shall be entered upon the records. Three affirmative votes at least shall be necessary for the passage of any order, ordinance, resolution, or vote.
"Section 3.6. Vacancies. Vacancies in the Town Council shall be filled by the Council for the remainder of the unexpired terms. In case of a vacancy in the office of Mayor, the remaining members of the Council shall choose from their own number his successor for the unexpired term.
"Section 3.7. Compensation. (a)  The Town Council shall fix or approve the salaries and allowances of all Town officers and employees.
(b)	The Council may fix its own compensation and the compensation of the Mayor and any other elected officers of the Town, in such sums as may be just and reasonable. Any increase in the compensation of the Council shall not take effect until after the next succeeding regular municipal election. Adjustments in the compensation of the Mayor and any other elected officers may be made effective at such time as the Council may direct, but the salary of elected officers shall not be reduced during the then current term of office unless he shall agree thereto. Elected officers shall be entitled to reimbursement for actual expenses incurred in the course of performing their official duties at rates not in excess of those allowed to other Town officers and employees.
"Section 3.8. Appointment of Town Manager. The Town Council shall appoint a Town Manager, who shall be the administrative head of the Town government, and shall be responsible for the administration of all departments. He shall be appointed with regard to merit only, and he need not be a resident of the Town when appointed. He shall hold office at the pleasure of the Town Council, and shall receive such compensation as it shall fix by ordinance.
"Section 3.9. Powers of Town Manager. The Town Manager shall:
(a)	Be the administrative head of the Town government;
(b)	See that within the Town the laws of the State and the ordinances, resolutions, and regulations of the Council are faithfully executed;
(c)	Attend all meetings of the Council, and recommend for adoption such measures as he shall deem expedient;
(d)	Make reports to the Council from time to time upon the affairs of the Town and keep the Council fully advised of the Town's financial condition and its future financial needs.
(e)	Appoint and remove all heads of departments, superintendents, and other employees of the Town, except those employees hereinafter enumerated, who shall be appointed by and at the pleasure of the Town Council; provided, the Town Manager shall report every such appointment and removal to the Council at the next meeting thereof following any such appointment or removal.
(f)	The Town Council shall appoint a Town Attorney, a Town Clerk, a Town Treasurer, a Town Engineer, and a Town Accountant, and may authorize the appointment of such associates or assistants to such officers as the Council may deem necessary, all who shall hold office at the pleasure of the Council and receive such compensation as the Council may provide.
"Section 3.10. Town Attorney. The Town Attorney shall be the legal advisor to the Town and perform such duties as may be specified by the Council, or specified by law.
"Section 3.11. Town Clerk. The Town Clerk shall be the secretary to the Town Council and keep all records concerning Council actions and shall exercise those powers and duties conferred by the law and shall perform such duties as may be specified by the Council.
"Section 3.12. Town Treasurer. The Town Treasurer shall be custodian of all funds of the Town.
"Section 3.13. Town Accountant. The Town Accountant shall have charge of the financial affairs of the Town as specified or requested by the Town Council, Town Manager, or specified or required by law.
"Section 3.14. Town Engineer. The Town Engineer shall be the engineering advisor to the Town and perform such duties as may be specified by the Council or specified by law.
"Section 3.15. Combination of offices. The Town Council may combine the office of Town Treasurer with the offices of Town Clerk or Town Accountant, in their sole discretion.
ARTICLE IV. ELECTION PROCEDURE
"Section 4.1. Municipal Elections. All general elections and special elections in the Town of Cary shall be called by resolution of the Wake County Board of Elections upon resolution of the Town of Cary requesting said Board to call such election. All elections shall be held, conducted and supervised by the Wake County Board of Elections under the laws governing the conduct of general elections and special elections in the State of North Carolina, except as otherwise may be provided by this act.
"Section 4.2. General election candidates. Candidates for any elective office in the Town of Cary shall file with the Wake County Board of Elections not later then twelve o'clock Noon on the second Tuesday preceding the date prescribed for the general election by this act a statement of such candidacy in substantially the following form:
STATE OF NORTH CAROLINA
COUNTY OF WAKE
I, 		, being first duly sworn say that I reside at 		 Street, Cary, Wake County, North Carolina; that I am a candidate for the office of 			, which office is to be filled at the general election of the Town of Cary to be held on the 	in 	in the year 	, and I hereby request that my name be printed upon the official ballot as a candidate for said office in said general election.
Subscribed and sworn to (or affirmed) before me 	
this 	day of 	in the year 	
Each person so filing as a candidate for elective office in the Town of Cary shall pay at the same time to the Wake County Board of Elections to be turned over to the Town of Cary a filing fee in an amount equal to one per cent of the annual salary of the office sought or five dollars ($5.00), whichever shall be greater. Immediately upon the expiration of the time for filing statements of candidacy, the Wake County Board of Elections shall cause to be published once in a daily newspaper of general circulation in the Town of Cary and further shall cause to be posted at the Town Hall in the Town of Cary, in proper form, the names of each of the persons so filing statements of candidacy and the office for which each filed as they are to appear upon the general election ballots; and the said Wake County Board of Elections thereupon shall cause the election ballots to be printed as hereinafter set forth.
"Section 4.3. Election. On Tuesday, after the first Monday in November, 1973, and every four years thereafter there shall be elected two councilmen and on Tuesday after the first Monday in November, 1975, and every four years thereafter, there shall be elected three councilmen. Councilmen so elected shall serve for a term of four years each and until their successors are elected and qualified. Notice of any election shall be published by the Wake County Board of Elections pursuant to resolution calling said election.
"Section 4.4. Election ballots. The Wake County Board of Elections shall cause ballots to be printed for the municipal election. The ballots shall be printed upon plain substantial white paper and shall be headed CANDIDATES FOR MUNICIPAL OFFICES OF THE TOWN OF CARY AT THE GENERAL MUNICIPAL ELECTION. There shall appear upon said ballots the name of each candidate filing a statement of candidacy for the Council of the Town of Cary and paying the fee as set forth in Section 4.2 hereof, with a square at the left of each name, and immediately following said names there shall appear the words 'Vote For' followed by the designation of the number of elective offices on the Council of the Town of Cary to be filled at said general election. Following this, there shall appear the authenticating facsimile signature of the Chairman of the Wake County Board of Elections and his title. Save for the foregoing items and such instructions as the Wake County Board of Elections may direct to be placed on the ballots, no other writing shall appear on such ballots.
"Section 4.5. Voting machines. Voting machines may be used in any election upon request of the Town of Cary and by consent of the Wake County Board of Elections. Elections using machines shall be conducted as by law provided and according to such regulations as the Wake County Board of Elections shall prescribe.
"Section 4.6. Canvass. At the time and place set forth by law, the Wake County Board of Elections and the registrars of the several precincts within the Town of Cary shall meet and shall constitute the canvassing board for said election. Said canvassing board shall proceed to receive and tabulate the number of votes cast in each precinct for the several candidates as shown by the returns of the registrars and judges, and that number of candidates for offices to be filled in the particular election and receiving the highest number of votes for offices to be filled in the particular election and receiving the highest number of votes for the office of councilman of the Town of Cary shall be declared elected councilman of the Town of Cary. The canvassing board shall certify under their hands and seals the results of said election, stating the name and number of votes received by each candidate. Two copies of the results of the election shall be made under the hands of the members of said canvassing board, one of which shall be filed with the Clerk of the Town of Cary who, immediately upon receipt thereof, shall prepare and post a true copy of the results of the election at the Cary Town Hall. In the event of a tie vote among two or more candidates receiving a number of votes which, but for the tie vote, would have entitled any one or more of such candidates to be declared elected, the canvassing board shall determine by lot which shall be elected.
"Section 4.7. Special election. Every election held pursuant to resolution of the Council of the Town of Cary shall be conducted in like manner as provided in this act and the General Election laws for the State of North Carolina so far as the particular case can be governed by general rules, and shall, to all intents and purposes, be as legal and valid, and shall subject the officers holding the same and the persons elected at such special election to the same penalties and liabilities as if the same had been held at the time and according to the rules and regulations prescribed for the regular biennial Town elections.
The Council of the Town of Cary shall have power, by appropriate resolution, to require the Wake County Board of Elections to call at any time any special election for the purpose of voting upon any municipal issue, including the question of issuing bonds for any purpose or purposes provided by law.
"Section 4.8. Absentee voting. Absentee voting will not be permitted in any Town of Cary municipal election.
"Section 4.9. Compensation of election officials. Notwithstanding the provisions of any other law, special or general, the registrars, judges and clerk of election shall receive for their services such compensation as shall be fixed by the Wake County Board of Elections; provided, the pay of such election officials in a municipal election for the Town of Cary shall not exceed the amount paid to such officials in the holding of County and State elections.
"Section 4.10. Costs of elections. The Town of Cary shall pay all expenses incurred by the Wake County Board of Elections by reason of any election conducted for the Town of Cary, including the following items of expense:
(a)	The actual costs of publication of any election notice or notices.
(b)	The actual costs of printing, including ballots, forms required for the filing of candidates, and any other printed matter.
(c)	The compensation paid to the registrars, judges and clerks of election for the conduct of the election; provided, when any Town of Cary municipal election shall coincide with any other County, State or National election, the Town of Cary shall pay only the pro-rata part of such compensation attributable to such municipal election as determined by the Wake County Board of Elections, not exceeding one-half of the total compensation paid to the registrars, judges and clerks of election for the conduct of the election in precincts within the Town of Cary.
(d)	The compensation paid to the members of the Board of Canvassers for canvassing the votes of the municipal election; provided, when the canvass of votes for any other City, Town, County, State or National election or elections shall coincide with the canvass of votes of a municipal election in the Town of Cary, the Town of Cary shall pay only the pro-rata part of such compensation attributable to the canvass of votes for the municipal election of the Town of Cary as determined by the Wake County Board of Elections, not exceeding one-half of the total compensation paid to the Board of Canvassers.
(e)	The actual costs (or, in the case of costs attributable to elections for the Town of Cary and one or more other Town, City State, County or National elections, the pro-rata cost as determined by the Wake County Board of Elections), of any other item of expense lawfully incurred by the Wake County Board of Elections in conducting the municipal election for the Town of Cary.
The Wake County Board of Elections, within thirty days after any election conducted for the Town of Cary, shall render a bill computed as herein set forth to the Town of Cary for all items of expense incurred by said Board in the conduct of a municipal election for the Town of Cary, and the Town of Cary shall pay such bill within thirty days after receipt thereof.
"Section 4.11. Registrars and judges - appointment. Registrars, judges and clerks of elections shall be appointed by the Wake County Board of Elections as required and shall be selected on a non-partisan basis.
"ARTICLE V. POLICE
"Section 5.1. Jurisdiction on town property. The jurisdiction of the police force is hereby extended to include all Town owned property and facilities, whether located within or without the corporate limits and all members of the police force shall have upon and within such property and facilities all rights, power and authority as they have within the corporate limits.
"Section 5.2. Effect of ordinances on town property. All applicable ordinances of the Town shall have full force and effect upon and within all property and facilities owned by the Town, whether located within or outside the corporate limits.
"ARTICLE VI. STREET AND SIDEWALK IMPROVEMENTS
"Section 6.1. Street improvements; assessment of cost. In addition to any authority which is now or may hereafter be granted by general law to the Town for making street improvements, the Town Council is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this Article.
"Section 6.2. When petition unnecessary. The Town Council may order street improvements and assess the cost thereof, exclusive of the cost incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the finding by the Council as a fact:
(a)	That such street or part thereof is unsafe for vehicular traffic and it is in the public interest to make such improvement, or
(b)	That it is in the public interest to connect two streets, or portions of a street already improved, or
(c)	That it is in the public interest to widen a street, or part thereof, which is already improved; provided, that assessments for widening any street or portions of street without petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the Town's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.
"Section 6.3. Street improvement defined. For the purpose of this Article the term 'Street Improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curb, gutters and street drainage facilities.
"Section 6.4. Sidewalks; assessment of cost. In addition to any authority which is now or may hereafter be granted by the General Statutes to the Town for making sidewalk improvements, the Town Council is hereby authorized to order to be made or to make sidewalk improvements or repairs without petition according to standards and specifications of the Town, and to assess the total cost thereof against abutting property owners.
If a sidewalk is constructed on only one side of a street in a residential zone, the cost thereof may be assessed against a property abutting on both sides of the street, unless there already exists a sidewalk, on the other side of the street, the total cost of which has been assessed against the abutting property.
"Section 6.5. Assessment procedure. In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this Article, the Town Council shall comply with the procedure provided in the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.
"Section 6.6. Effect of assessment. The effect of the act of levying assessments under the authority of this Article shall for all purposes be the same as if assessed where levied under authority of the General Statutes of North Carolina.
ARTICLE VII. FINANCE AND TAXATION
Section 7.1. Custody of town money. All monies received by the Town for and in connection with the business of the Town government shall be paid promptly into the Town depository or depositories. Such institution shall be designated by the Town Council in accordance with such regulations and subject to such requirements as to surety for deposits and interest thereon as shall be established by the General Statutes of North Carolina. All interest on monies belonging to the Town shall accrue to the benefit of the Town. All monies belonging to the Town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.
"Section 7.2. Independent audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the Town government by a certified public accountant or a qualified public accountant registered pursuant to the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the Town or any of its officers. The Town Council shall select the public accountant and the results of such audit shall be made available for inspection by any interested citizen of the Town, and may be published if so ordered by the Town Council.
"Section 7.3. Appropriations for industrial development. The Town Council is hereby authorized to appropriate from any available non-tax revenues an amount not to exceed the sum of five thousand dollars ($5,000) annually to be used for advertising and publicizing the advantages and facilities of the Town in such manner as in the judgment and discretion of the Town Council will promote and enhance the industrial and economic welfare of the citizens and taxpayers of the Town. Such appropriations are hereby declared to be for a public purpose. The money so appropriated may be expended either directly by the Town Council or through the facilities of such agency as the Council may elect, and shall be used in such manner as will, in the opinion of the Council, best serve the purposes herein set forth.
"ARTICLE VIII. WATER AND SEWER IMPROVEMENTS
"Section 8.1. Laterals included in cost. In ordering water or sewer line extensions, or both, the assessment of the cost thereof under the authority given by the General Statutes, the Town Council is hereby authorized to include in such extensions water and sewer line laterals, and to include the cost of such laterals in the total cost to be assessed upon abutting properties.
"Section 8.2. Classification and exemption. Where water or sewer lines are constructed across or through lots or tracts of land or when water or sewer lines, or both, are installed along both sides of corner lots were or are financed in whole or in part by assessment, the Council may by uniform rule classify such lines for assessment as in its judgment will represent the benefits derived. The schedules of exemptions may be classified as to land uses (residential, business, commercial, industrial, office and institutional, agricultural, or other classifications) and shall be uniform for each such classification used; provided, however, that no schedule of exemptions may provide for exemption of more than seventy-five percent (75%) of the frontage of any side of a corner lot, or 150 feet, whichever is greater.
"Section 8.3. Alternative method of assessing. In addition to, and as alternatives, to the method provided in the General Statutes for assessing the cost of water and sewer lines and laterals, the Town Council, if in its opinion it would be more equitable to do so, is hereby authorized in its discretion to levy any such assessments according to either of the following methods: (1) equally against each of the lots capable of being served by such line or lines, or (2) on the basis of the footage of land upon a public street by an equal rate per foot of such frontage.
In lieu of assessing the total cost of a particular project as herein provided, the Town Council may annually, between the first days of January and July of each year, determine the average cost of installing water and sewer mains or lines, and on the basis of such determination may make assessments on such average cost during the following fiscal year beginning July 1. The average cost of such installation shall include the cost of the particular size and material of lines completed during the preceding calendar year. It may also include the anticipated increase in labor and materials cost based upon the average of such increases during the preceding five calendar years. The assessment of the average cost of such lines shall not be made until after the particular assessment project has been completed. The purpose of this Section is to distribute more equitably the cost of the installation of water and sewer lines throughout the Town; to permit a property owner to know in advance what the cost of installation of water and sewer lines benefiting his property will be; and to permit the most expeditious assessment of cost against the property after completion of installation of such lines. The actual cost of acquisition of rights-of-way may also be assessed as part of the cost of an individual project. If the right-of-way costs have not been determined and assessed with the assessment of the average installation cost at the time of the completion of the project, such costs may be assessed separately when they are determined.
"Section 8.4. Payment of assessments. Any special assessment of the Town for any purpose amounting to less than one hundred dollars ($l00.00) shall be paid in cash not later than the next due date of Town taxes rather than in annual installments, and shall bear interest as taxes.
"Section 8.5. Acreage charges. In addition to water and sewer service charges and connection charges, the Town Council may establish and collect acreage charges for the privilege of connecting to the Town water and sewerage systems, both within and outside the corporate limits, to aid in the financing of new water and sewer mains and laterals and sewer outfalls and the replacement or enlargement of existing mains, laterals and outfalls. Such charges shall apply uniformly to all properties to which water or sewer service is extended subsequent to the establishment of such charges; provided, however, that the Council may establish higher acreage charges for property developed or to be developed for business, commercial, industrial, or office and institutional uses than those established for residential and other uses, and may base acreage charges for residential property upon the number of dwelling units per acre of land.
"ARTICLE IX. REGULATORY POWERS
"Section 9.1. Zoning and subdivision regulations. Any subdivision control ordinance enacted by the Town Council pursuant to general law may also provide for the orderly development of subdivisions by requiring the construction of community service facilities, including water lines; sewer lines; street paving, curbing and guttering; and street and storm drainage facilities in accordance with Town standards and specifications, and to assure compliance with such requirements, the ordinance may require the posting of bond or such other method as will offer guarantee of compliance.
"Section 9.2. Regulatory codes. The Town Council is hereby authorized to make effective and to enforce within the territory under its extraterritorial zoning jurisdiction and lying outside the corporate limits and within one mile thereof, all ordinances and codes of the Town regulating the construction and repair of buildings, including building codes, plumbing codes, electrical codes, heating and air conditioning codes, fire prevention codes, minimum housing codes adopted pursuant to the General Statutes, and ordinances relating to unsafe buildings adopted pursuant to the provisions of the General Statutes. In addition, the Town Council is hereby authorized to enforce in such area the North Carolina State Building Code, the North Carolina State Plumbing Code, and the North Carolina Uniform Residential Building Code, all as published by the North Carolina Building Code Council. Such enforcement power shall include the power to require that prior to the beginning of any construction, reconstruction, or alteration of any building or structure or any part or system thereof within such area, the appropriate permit or permits be obtained from the Town; provided, the Town Council may by ordinance require that the contractor or other person charged with such construction, reconstruction, or alteration secure such permit or permits, rather than requiring the owner of the property to do so.
"Section 9.3. Underground utilities. In addition to the powers now or hereafter granted to municipalities by law, the Town subdivision ordinance may require that all utility or other pipes, wiring, conduits, cables, and fixtures within subdivisions be installed underground, whether or not the same are installed in public rights-of-way pursuant to plans or regulations approved by the North Carolina Utilities Commission.
"ARTICLE X. CLAIMS AGAINST THE TOWN
"Section 10.1. Presentation of claims; suit upon claims. (a)  All claims or demands against the Town of Cary arising in tort or in contract shall be presented to the Town Council in writing, signed by the claimant, his attorney or agent, within ninety days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within thirty days or after the expiration of twelve months from the time said claim or demand is so presented. Unless the claim or demand is so presented within ninety days after the cause of action accrues, and unless suit is brought within twelve months thereafter, any action thereon is barred.
(b)	No action shall be instituted against the Town on account of damages to or compensation for real property taken or used by the Town for any public purpose, or for the ejectment of the Town therefrom, or to remove a cloud upon the title thereof, unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the Town Council of the claim, stating in the notice the date that the alleged use commenced, a description of property alleged to have been used, and the amount of the damage or compensation claimed.
(c)	Notwithstanding the provisions of subsections (a) and (b) of this Section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of his incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it imposible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after termination of the incapacity, or within three years after the happening or the infliction of the injury complained of, whichever is the longer period. The Town may at any time request the appointment of a next friend to represent any person having a potential claim against the Town and known to be suffering from physical or mental incapacity.
"Section 10.2. Settlement of claims by Town Manager. The Town Manager may, with the approval of the Town Council, settle claims against the Town for (1) personal injuries or damages to property when the amount involved does not exceed the sum of one hundred dollars ($100.00) and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expense actually incurred and (2) the taking of small portions of private property which are needed for the rounding of corners at intersections of streets, when the amount involved in any such settlement does not exceed five hundred dollars ($500.00) and does not exceed the actual loss sustained. Settlement of a claim by the Town Manager pursuant to this Section shall constitute a complete release of the Town from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such settlements, and all such releases, shall be approved in advance by the Town Attorney."
Sec. 2. The purpose of this act is to revise the Charter of the Town of Cary and to consolidate herein certain acts concerning the property, affairs, and government of the Town. It is intended to continue without interruption those provisions of prior acts which are consolidated in this act, so that all rights and liabilities which have accrued are preserved and may be enforced.
Sec. 3. This act shall not be deemed to repeal, modify, nor in any manner to affect any of the following acts, portions of acts, or amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set forth herein:
(a)	Any acts concerning the property, affairs, or government of the public schools in the Town of Cary.
(b)	Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.
Sec. 4. (a)  The following acts or portions of acts, having served the purposes for which enacted, or having been consolidated into this act, are hereby repealed:
	Chapter	Laws
	130	Private Laws 1870-71
	210	Private Laws 1899
	304	Private Laws 1915
	215	Private Laws 1933
	69	Session Laws 1935
	897	Session Laws 1949
	390	Session Laws 1951
	357	Session Laws 1953
	922	Session Laws 1963
	577	Session Laws 1967
Sec. 5. No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):
(a)	Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this act;
(b)	Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this act.
Sec. 6. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(a)	The repeal herein of any act repealing such law, or
(b)	Any provision of this act that disclaims an intention to repeal or effect enumerated or designated laws.
Sec. 7. (a)  All existing ordinances and resolutions of the Town of Cary, and all existing rules or regulations of departments or agencies of the Town of Cary, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified or amended.
(b)	No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Cary or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.
Sec. 8. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 9. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.
Sec. 10. This act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 16th day of July, 1971.