Bill Text: NC S82 | 2011-2012 | Regular Session | Chaptered
Bill Title: Town of Atkinson/Charter Amendment
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-20 - Ch. SL 2011-44 [S82 Detail]
Download: North_Carolina-2011-S82-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-44
SENATE BILL 82
AN ACT amending the charter of the town of atkinson to allow the qualified voters of the entire town to elect the town officers, to change the name of the governing body, and to extend the term of office of the members of the governing body from two to four years and staggering those terms.
The General Assembly of North Carolina enacts:
SECTION 1. The Charter of the Town of Atkinson, being Chapter 163 of the Private Laws of 1921, reads as rewritten:
"Section 1. That the
inhabitants of the town Town of Atkinson shall be and continue as
they have been heretofore, a body politic and corporate, and the corporation
shall bear the name and style of 'The Town of Atkinson," and under such
name it may sue and be sued, plead and be impleaded, vested with the rights of
property which may now belong or hereafter belong to the said townTown
or possessed by it under any corporate name, and may acquire, hold for the
purpose of its government and the welfare of its people and its improvement or
otherwise all such estates as may be devised, bequeathed, conveyed or purchased
with the power to contract and be contracted with and to convey or purchase
both real and personal property, and shall have all powers and rights
appertaining to the municipal welfare.
Sec. 2. That the town Town
of Atkinson shall have the same town Town limits as laid out
in its original charter, chapter one hundred and twenty‑five, Private
Laws of one thousand nine hundred and nine, except that the said town shall
be divided up into four wards denominated, first, second, third, and fourth
located as follows:
First Ward –‑All that
section of the town lying and being east of the Atlantic Coast Line Railroad
and south of Church Street.
Second Ward –‑All that
section of the town lying and being situated east of the Atlantic Coast Line
Railroad and north of Church Street.
Third Ward –‑All that
section of the town lying, and being situated west of the Atlantic Coast Line
Railroad and south of Church Street.
Fourth Ward –‑All that
section of the town lying and being west of the Atlantic Coast Line Railroad
and north of Church Street.nine.
Sec 3. That the officers of
said town shall consist of four aldermen, a mayor and a town marshal, one
alderman to be elected from each ward by the qualified voters of their respective
wards or by a general election for all aldermen and mayor by the qualified
voters of all wards at a general election, and that such election shall be held
on the first Tuesday after the first Monday in May, one thousand nine hundred
and twenty‑one, and every two years thereafter, and that all elections
held in the town of Atkinson shall be held in compliance with the prevailing
election laws governing "Municipal Elections."The officers of
the Town shall be four Commissioners and the Mayor, who shall be elected according
to the nonpartisan plurality method of election, as provided in G.S. 163‑292.
The Commissioners shall be elected in a multiseat contest, and the Mayor shall
be elected separately. Except as provided in Section 3.1 of this Charter, regular
municipal elections shall be held in the Town every two years and shall be
conducted in accordance with the uniform municipal elections laws of North
Carolina.
Sec. 3.1. Except as provided otherwise in this section, the Commissioners shall be elected to four‑year terms by the qualified voters of the entire Town, and the Mayor shall be elected to a two‑year term by the qualified voters of the entire Town. In 2011, and biennially thereafter, a Mayor shall be elected separately from the Commissioners to a two‑year term. In 2011, for the position of Commissioner, the two persons receiving the highest numbers of votes in a multiseat contest shall be elected to four‑year terms, and the two persons receiving the next highest number of votes shall be elected to two‑year terms. In 2013, and quadrennially thereafter, two persons shall be elected to four‑year terms. In 2015, and quadrennially thereafter, two persons shall be elected to four‑year terms.
Sec 4. That it shall be the duty
of the mayor and aldermen commissioners of said town the
Town to make laws and ordinances for the regulation and government of said
town.the Town.
Sec 5. It shall be the duty of the
officers of said townthe Town to make such laws as necessary that
will improve the well‑being of the inhabitants of the said town
Town and to make laws, and to raise revenue for the necessary expense of
the said town Town and for the improvement of its streets and
sidewalks and public buildings, to call elections when necessary to raise
special revenue from the sale of bonds to meet the requirements and
expenditures of the said townTown for any and all purposes.
Sec 6. That the town Town
of Atkinson shall have the power and authority to own and control, purchase
or sell, operate and contract in, all modern utilities such as electric power
plants, public play‑grounds, parks, hospitals, water‑works, and to
levy special taxes or sell bonds taxable against the property of the
inhabitants of said town,the Town, to improve streets, extend
streets, condemn land of private persons for the purpose of street and sidewalk
improvement, raise revenue for such purposes, to buy, take over and sell any
telephone system for the benefit and convenience of the inhabitants of said
town.the Town.
Sec 7. That the said town Town
shall have the right to call elections and hold elections at any regular
meeting of the mayor and board of aldermen commissioners for the
purpose of the sale of bonds to raise revenue to purchase electric power
plants, telephone systems, water‑works, public play‑grounds and
parks when necessary for the welfare and improvement of the said town.Town.
Sec 8. That no part of the former
charter of the town Town of Atkinson is repealed or destroyed by
this act, but the same is by this amendment amended and revised.
Sec 9. That the said townTown
shall have all the rights, privileges and immunities conferred or hereafter to
be conferred on towns and cities by chapter seventy‑three of Revisal of
North Carolina, and all acts amendatory or supplemental thereto, and by such
acts as may hereafter be passed by the General Assembly with reference to towns
and cities when the same is not inconsistent with this charter or within its
provisions.
Sec 10. That all laws inconsistent or coming in conflict with the provisions of this act be and the same is hereby rescinded and repealed.
Sec 11. This act shall be in force and effect from and after its ratification."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of April, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives