NORTH CAROLINA GENERAL ASSEMBLY 1979 SESSION CHAPTER 406 HOUSE BILL 688 AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF FARMVILLE, PITT COUNTY, NORTH CAROLINA. The General Assembly of North Carolina enacts: Section 1. The Charter of the Town of Farmville is revised to read as follows: "ARTICLE 1. INCORPORATION, CORPORATE POWERS AND BOUNDARIES. "Section 1.1. Incorporation. The Town of Farmville, Pitt County, North Carolina, and the inhabitants thereof, first incorporated in 1872 shall continue to be a municipality under the name of the Town of Farmville (hereinafter at times referred to as the 'Town'). "Section 1.2. Powers. The Town of Farmville shall have and may exercise all the powers, privileges, duties, rights and immunities which now exist by law or which may hereafter be conferred upon it, either expressly, or by implication, by this Charter, or by other laws of the State of North Carolina, whether by general or local law. The enumeration of particular powers in this Charter shall not be held to be exclusive but rather to be in addition to powers enumerated or implied thereby and it is intended that the Town of Farmville shall have and may exercise all powers granted, permitted or implied under the Constitution and laws of the United States and of North Carolina, whether or not specifically expressed herein. "Section 1.3. Corporate limits. Corporate limits of the Town of Farmville shall be those existing at the time of ratification of this Charter as set out in metes and bounds or as shown by the official map of the Town and as said map may be modified, enlarged, or in any way changed in accordance with law. The official map of the Town showing the current Town boundaries shall be maintained permanently in the office of the Town Clerk. Upon alteration of the corporate limits made pursuant to law, appropriate changes shall be made to the official map of the Town. "ARTICLE 2. THE MAYOR AND BOARD OF COMMISSIONERS. "Section 2.1. Mayor. The Mayor of the Town of Farmville must be a qualified voter of the Town and shall be elected by the qualified voters of the Town of Farmville for a term of two years. The Mayor shall preside at all meetings of the Board of Commissioners and shall exercise all other powers and perform such other duties as are or may be conferred or required of the Mayor by the general laws of North Carolina, or the United States, or the ordinances of the Town. The Mayor shall be recognized as the head of the Town Government for all ceremonial purposes, by the General Court of Justice for purposes of serving civil process, and by the Governor for the purposes of
military or martial law. In time of danger, the Mayor shall, if authorized under the laws of the Town, State or Federal Government, assume command of the Police Department, maintain order and enforce the law. The Mayor, may, at any time, issue proclamations on such occasions as the Mayor may deem desirable. The Mayor shall vote only in the event of a tie vote of the Board of Commissioners. "Section 2.2. Mayor Pro Tempore. At its first regular meeting in the month following a regular municipal election, the Board of Commissioners shall choose one of its members as Mayor Pro Tempore. The Mayor Pro Tempore shall, in the absence or disability of the Mayor, assume the duties of the Mayor. "Section 2.3. The Board of Commissioners (hereinafter referred to sometimes as the 'Town Board'). The Board of Commissioners shall consist of five members, all qualified voters of the Town, elected by the qualified voters of the town for a term of four years as provided for in Article 4 of this Charter. The Mayor and each member of the Board of Commissioners may receive a salary, the amount of which shall be set by the budget ordinance. The Mayor and members of the Board of Commissioners shall hold office until their successors are elected and qualified. "Section 2.4. Vacancies. Should a vacancy occur in the office of Mayor or Board of Commissioners, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the Board of Commissioners; in the event of a tie, the Mayor may vote. Should the Mayor or a member of the Board of Commissioners cease to possess the qualifications of a voter of the Town of Farmville or be convicted of a felony while in office, such member shall immediately forfeit that office. "ARTICLE 3. MEETINGS AND VOTING. "Section 3.1. Meetings. The regular meeting time of the Board of Commissioners shall be set by the Board at the organizational meeting following elections of the Mayor and Board members. Special meetings shall be called by the Town Clerk upon request by the Mayor, the Mayor Pro Tempore, or any two members of the Board of Commissioners. Any such notice of a special meeting shall state the subjects to be considered at the special meeting. "Section 3.2. Quorum. A majority of the actual membership of the Town Board shall constitute a quorum to do business but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by law. The affirmative vote of a majority of the members not excused from voting shall be necessary to adopt any ordinances, action authorizing or committing public funds or committing the Town to contracts. A vote to adjourn or regarding the attendance of absent members may be adopted by a majority of the members present. All other matters may be decided by a majority of the members present if there is a quorum present. "Section 3.3. Excuses from, or failure to vote. No member shall be excused from voting on any matter except those involving the consideration of his own official conduct or when a conflict of interest may exist. An abstention or failure to vote without being excused shall be counted as an affirmative vote. Page 2 S.L. 1979-406 House Bill 688
"Section 3.4. Introduction and passage of ordinances and resolutions. Ordinances and resolutions shall be introduced to the Board of Commissioners only in written or printed form. They shall take effect at the time indicated thereon. Upon final passage, each ordinance or resolution shall be authenticated by the signature of the Mayor, the Town Clerk or the Town Administrator and shall be recorded in the Town office. "ARTICLE 4. ELECTIONS AND OATH. "Section 4.1. Method of election. For the purpose of electing a Mayor and the members of the Board of Commissioners, the nonpartisan run-off election method as set out in G.S. 163-293 shall be used. "Section 4.2. Terms of office. The Mayor shall be elected every two years. The commissioners' terms shall be staggered; three Commissioners shall have served four years ending in 1979; those three seats shall be filled by election in 1979 and thereafter every four years. Two commissioners shall have served four years ending in 1981 and those two seats shall be filled by election in 1981 and every four years thereafter. "Section 4.3. Oath. Every officer of the Town, before entering upon the duties of his office, shall take and subscribe to the oath of office prescribed in Article VI, Section 7 of the Constitution, to be filed and kept in the office of the Town Clerk. "ARTICLE 5. FURTHER POWERS OF THE TOWN. "Section 5.1. Economic development. The Board of Commissioners is authorized to appropriate and expend from non-property tax revenues up to five thousand dollars ($5,000) annually for economic development. "Section 5.2. Alternative condemnation procedures. In addition to other powers of eminent domain and for the making of improvements, the Town of Farmville shall have the power of alternative condemnation procedures as hereinafter set out: "Section 5.2.1. In exercising the power of eminent domain for any public purpose, if negotiations for the purchase of land or rights in land are unsuccessful, the Town of Farmville, in its discretion, may use the procedures of Article 9 of Chapter 136 of the General Statutes as now in force or as may hereafter be amended, as well as the procedures of any other general law, charter, or local act applicable to the Town. "Section 5.2.2. As contained in Article 9 of Chapter 136 of the General Statutes, when such Chapter is used by the Town of Farmville for condemnation, all reference therein to 'Board of Transportation' shall be deemed to mean 'Town of Farmville'; all reference to the 'Chairman of the Board of Transportation' or 'Director of Highways' shall be deemed to mean 'Mayor of the Town of Farmville'; all references to the condemning authority or persons or agencies connected therewith shall be deemed to refer to the 'Town of Farmville'. "Section 5.2.3. When Article 9 of Chapter 136 of the General Statutes as now in force or as hereafter amended, is used as a condemnation procedure by the Town of Farmville, the Chapter will be read as if it were applicable to the Town of Farmville. "Section 5.2.4. The provisions of Sections 5.2 through 5.2.5 of this Charter shall not apply with regard to properties owned by public service corporations as defined in G.S. 160A-243(c) unless the exercise of such power of eminent domain is either consented to by the owner of the property to be acquired by the city, or it is otherwise first determined by a court of competent jurisdiction that such acquisition will not prevent or House Bill 688 S.L. 1979-406 Page 3
unreasonably impair the continued devotion to the public use of such properties and the operation by such public service corporation. "Section 5.2.5. This authority is applicable only to the Town of Farmville and the taking by the Town of Farmville of property for a public purpose and provided, further, that at all times before using the authority given in this act, the Town of Farmville shall always obtain an independent appraisal of the property to be condemned. "Section 5.3. Alternative methods of street and sidewalk improvements. In addition to other powers, the Town of Farmville shall have the following powers to make street improvements as hereinafter set out: "Section 5.3.1. In addition to any authority which is now or may hereafter be granted by general law to the Town of Farmville for making street improvements, the Town Board is hereby authorized to make street improvements and to assess the costs thereof against abutting property owners. "Section 5.3.2. The Town Board may order street improvements and assess the costs thereof, exclusive of the costs incurred at street intersections, against the abutting property owners, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the North Carolina General Statutes, without the necessity of a petition, upon findings of fact by the Town Board that: (1) such street or part thereof is unsafe for vehicular traffic and it is in the public interest to make such improvement, or (2) it is in the public interest to connect two streets or portions of a street already improved, or (3) it is in the public interest to widen a street, or part thereof, whether or not it is already improved, and (4) such street, or part thereof, is in need of repair or pavement and it is in the public interest to make such improvements. "Section 5.3.3. For the purpose of this act, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters, and street drainage systems. "Section 5.3.4. In addition to any authority which is now or may hereafter be granted by general law to the Town of Farmville for making sidewalk improvements, the Town Board is hereby authorized, without the necessity of a petition, to make or to order to be made sidewalk improvements or repairs according to standards and specifications of the Town and to assess the total cost thereof against abutting property owners, according to one or more of the assessment bases set forth in Article 10 of Chapter 160A of the North Carolina General Statutes; provided, however, that regardless of the assessment basis or bases employed, the Town Board may order the costs of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street. "Section 5.3.5. In ordering street and sidewalk improvements without a petition and assessing the costs thereof under authority of this act, the Town Board shall comply with the procedure provided by Article 10, Chapter 160A of the General Statutes, Page 4 S.L. 1979-406 House Bill 688
except those provisions relating to the petition of property owners and the sufficiency thereof. "Section 5.3.6. The effect of levying assessments under the authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 10 of Chapter 160A of the General Statues. "ARTICLE 6. CONTINUING POWERS. "Section 6.1. Continuance of contracts. All contracts entered into by the Town or for its benefit prior to the effective date of this Charter shall continue in full force and effect. Public improvements for which steps have been taken under the law or under provisions of earlier charters may be carried to completion in accordance with the provisions of such existing laws and charter provisions. "Section 6.2. Saving clause. If any part of this Charter shall be declared invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of this Charter. The provisions of this Charter shall supersede all laws and ordinances inconsistent herewith insofar as the Town of Farmville is affected thereby. "ARTICLE 7. JURISDICTION. "Section 7.1. Police jurisdiction. The Police of the Town of Farmville shall have jurisdiction and may enforce the laws, make arrests, and conduct investigations and carry out all other duties of the Police Department anywhere within the Farmville Township, Pitt County, North Carolina. "Section 7.2. Soil erosion and sedimentation control. The Town shall continue to have those powers relative to control of erosion and sedimentation within its extraterritorial jurisdiction as may be set forth in its ordinance enacted pursuant to G.S. 113A-60." Sec. 2. The Mayor and Board of Commissioners of Farmville in office at the time this Charter takes effect shall continue until their successors are elected and qualified. Sec. 3. Chapters 36 and 611 of the 1965 Session Laws, which are earlier charter acts of the Town of Farmville and which are subsumed by this act, are repealed. Sec. 4. This act is effective upon ratification. In the General Assembly read three times and ratified, this the 18th day of April, 1979. House Bill 688 S.L. 1979-406 Page 5