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CHARTER TABLE OF CONTENTS
Article I. Incorporation and Corporate Powers
1.1 Incorporation and general powers
1.2 Exercise of powers
1.3 Enumerated powers not exclusive
Article II. Corporate Boundaries
2.1 Corporate boundaries
Article III. Mayor and Board of Commissioners
3.1 Mayor and Mayor Pro Tempore
3.2 Composition of the Board of Commissioners
3.3 Terms; qualifications; vacancies
3.4 Compensation of Mayor and Commissioners
3.5 Organization of Board; oaths of office
3.6 Meetings of Board
3.7 Quorum; votes
3.8 Ordinances and resolutions
Article IV. Election Procedure
4.1 Regular municipal elections
4.3 Regulation of election
Article V. Town Attorney
5.1 Appointment; qualifications; term; compensation
5.2 Duties of Town Attorney
Article VI. Administrative Officers and Employees
6.1 Town Clerk
6.2 Town Tax Collector
6.3 Town Finance Officer
6.4 Consolidation of functions
6.5 Other employees
Article VII. Finance
7.1 Custody of town money
7.2 Purchases and contracts
Article VIII. Claims Against the Town
8.1 Tort claims
ARTICLE I. INCORPORATION AND CORPORATE POWERS
The inhabitants of the area described in Section 2.1 of this Charter shall be and constitute a body politic and corporate under the name of the "Town of Caswell Beach," and shall be vested with all property which may be acquired by the Town, and all rights herein delegated to it; 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.
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 Board of Commissioners and as provided by the general laws of North Carolina pertaining to municipal corporations.
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 Caswell Beach 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.
ARTICLE II. CORPORATE BOUNDARIES
The corporate boundaries of the Town of Caswell Beach shall be as follows until changed in accordance with law:
Bounded on the South by the Atlantic Ocean, on the West by the Town of Yaupon Beach, on the north and northwest by the Intracoastal waterway and the Cape Fear River and on the east by the North Carolina Baptist Assembly which Baptist Assembly encompasses the lands condemned by the United States of America under Order of Declaration of Taking entered December 20, 1941, in that certain cause in the District Court of the United States for the Eastern District of North Carolina, Wilmington Division, Civil Docket Number 129, said eastern boundary being that part of the sea wall which bears north 14 degrees 38 minutes east and the extension of said line north 13 degrees 38 minutes east to the river and south 14 degrees 38 minutes west to the Atlantic Ocean. Excepting nevertheless from said lands the following tract: BEGINNING at a point in the westerly boundary line of tract to be described, said point bearing north 76 degrees 50 minutes west and distance 386 feet and 550 feet respectively from a bronze plate in the concrete roof of Bageley Primary and from a drill hole in the concrete roof of a concrete house of Caswell Primary, said primaries being part of the artillery fire control system of Fort Caswell, said point of beginning also bearing north 52 degrees 18 minutes 40 seconds west and distance 371 and 79/100 feet from the station a coast and geodetic survey known as R and marked by a bronze plate in a concrete monument; thence north 20 degrees 10 minutes east a distance of 2200 feet, more or less, to the Elizabeth River; thence in an easterly direction along said Elizabeth River a distance of 1300 feet, more or less, to a point; thence south 33 degrees 20 minutes west a distance of 3020 feet, more or less, to the shoreline of the Atlantic Ocean; thence in a westerly direction along said shoreline a distance of 600 feet, more or less, to a point; thence north 20 degrees 10 minutes east a distance of 570 feet, more or less, to the point of beginning, containing in all 57.2 acres, more or less. Bearings in this description are assumed to refer to the magnetic meridian (1924). Said land being known as the Oak Island Coast Guard Station.
Effective September 1, 2004, the following land was annexed to the Town boundaries:
Beginning at an iron rod in the northern right-of-way of N. C. Highway 133, the southeast corner of Lot 15, Block 3, Section "B" of Caswell Beach as recorded at Map Book 1, Page 123 of the Brunswick County Registry, having N.C. 1927 grid coordinates of N: 53314.49 E: 2292711.08 and being located South 74 degrees 50 minutes 39 seconds West 135.55 feet from USC&G monument "catwalk" on the Oak Island Lighthouse and further being in the western line of properties belonging to the U.S. Coast Guard; thence with said western line and the eastern line of the aforementioned Lot 15, North 19 degrees 30 minutes 56 seconds East 81.89 feet to an iron rod, the beginning corner of Parcel "A"; thence with parcel "A" South 75 degrees 23 minutes 28 seconds East 185.17 feet to an iron rod, a corner of parcel "A"; thence, South 14 degrees 36 minutes 32 seconds West 81.59 feet to an iron rod in the northern right-of-way of N. C. Highway 133, a corner of Parcel "A"; thence with the northern right-of-way of said Highway 133, North 75 degrees 23 minutes 28 seconds West 192.17 feet to the Point of Beginning. Being part of lands belonging to the U.S. Coast Guard described as the Oak Island Life Boat Station, District 5, C. G. Dated 1-17-39, under title "A" Property Report of the Brunswick County Registry containing 0.35 acres more or less and being all of Parcel "B".
Beginning at an iron pipe in the southern right-of-way of N.C. Highway 133, the northeast corner of Lot 1, Block 3, Section B, of Caswell Beach, as recorded at Map Book 1, Page 123, of the Brunswick County Registry, said point being further located in the western line of lands belonging to the U.S. Coast Guard, and being South 19 degrees 31 minutes 25 seconds West 61.71 feet from a concrete monument, the southwest corner of Parcel "B", having N. C. 1927 grid coordinates of N: 53314.49 E: 2292711.08, South 74 degrees 50 minutes 39 seconds West 135.55 feet from US C&G Monument "Catwalk" on the Oak Island Lighthouse; thence from the beginning, with said U.S. Coast Guard's western line and eastern line of said Lot 1 South 19 degrees 26 minutes 52 seconds West 136.61 feet to a concrete monument in said line; thence continuing, South 19 degrees 59 minutes 32 seconds East 233.35 feet to a point where said western line of U.S. Coast Guard lands intersects with the mean high water mark of the Atlantic Ocean; thence with said high water mark South 74 degrees 44 minutes 02 seconds East 564.31 feet to a point in the eastern line of the aforementioned U.S. Coast Guard lands; thence with said eastern line North 37 degrees 29 minutes 55 seconds East 266.43 feet to an iron pipe, the southwest corner of Lot 9, Block 2, Section "B" of Caswell Beach as recorded at Map Book 1, Page 123 of the Brunswick County Registry; thence with the eastern line of the U.S. Coast Guard's lands and the western line of said Lot 9 North 37 degrees 29 minutes 55 seconds East 142.70 feet to an iron rod in the southern right-of-way of N. C. Highway 133, the northwest corner of Lot 9; thence with the southern right-of-way of N. C. Highway 133, North 75 degrees 33 minutes 24 seconds East 690.0 feet to the Point of Beginning; being part of lands belonging to the U.S. Coast Guard described as the Oak Island Life Boat Station, district 5. C.G., dated 7-17-39, under Title "A" Property Report Of the Brunswick County Registry, containing 5.36 acres more or less and being all of parcel "C".
ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS
The mayor shall be elected by and from the qualified voters of the Town voting at large in the manner provided in Article IV. The mayor shall be the official head of the Town government and shall preside at all meetings of the Board of Commissioners. When there is an equal division upon any question, or in the appointment of officers, by the Board, the mayor shall determine the matter by his vote, and shall vote in no other case. The mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the ordinances of the Town. The Board of Commissioners shall choose one of its number to act as mayor pro tempore, and he shall perform the duties of the mayor in the mayor's absence or disability. The mayor pro tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.
The Board of Commissioners shall consist of five members to be elected by and from the qualified voters of the Town voting at large in the manner provided by Article IV.
(Amended 11- -94)
(a) Except for the initial terms of office hereinbefore specified, the mayor and the members of the Board of Commissioners shall serve for terms of four years beginning the day and hour of the organizational meeting following their election, said meeting to be held as provided in G.S. 160A-68; provided, they shall serve until their successors are elected and qualify.
(b) No person shall be eligible to be a candidate or be elected as mayor or as a member of the Board of Commissioners, or to serve in such capacity, unless he is a resident and a qualified voter of the Town.
(c) If any elected mayor or commissioner shall refuse to qualify, or if there shall be any vacancy in the office of mayor or commissioner after election and qualification, the remaining members of the Board shall by majority vote appoint some qualified person to serve for the unexpired term. Any mayor or commissioner so appointed shall have the same authority and powers as if regularly elected.
The Mayor and Board of Commissioners may establish and from time to time change the salaries of its members.
(Amended 7- -96)
The Board of Commissioners shall meet on the first regularly scheduled meeting in December after each election and shall organize and take the oath of office.
(Amended 1- -97)
The Board of Commissioners shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the mayor or a majority of the commissioners, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.
Special meetings, see § 30.31
(a) A majority of the members elected to the Board of Commissioners shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.
(b) The affirmative vote of a majority of the members of the Board of Commissioners shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting.
The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The ayes and noes shall be taken upon all ordinances and resolutions and entered upon the minutes of the Board. The enacting clause of all ordinances shall be: "Be it ordained by the Board of Commissioners of the Town of Caswell Beach." All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein, or unless some provision of the General Statutes provides otherwise.
ARTICLE IV. ELECTION PROCEDURE
Following the initial election hereinbefore provided for, regular municipal elections shall be nonpartisan and decided by simple plurality, and shall be held on the Tuesday after the first Monday in November of each odd-numbered year, beginning in 1977. In the regular 1977 election and quadrennially thereafter, there shall be elected by the qualified voters of the Town voting at large two commissioners to serve for terms of four years, or until their successors are elected and qualify. In the regular 1995 election and quadrennially thereafter, there shall be elected by the qualified voters of the Town voting at large a mayor and three commissioners to serve for a term of four years, or until their successors are elected and qualify.
(Amended 11- -94)
In the regular 1977 election and quadrennially thereafter, each voter shall be entitled to vote for two candidates for commissioner, and the two candidates for commissioner who receive the largest numbers of votes cast for commissioner shall be declared elected. In the regular 1995 election and quadrennially thereafter, each voter shall be entitled to vote for one candidate for mayor and for three candidates for commissioner, and the candidate for mayor who receives the largest number of votes cast for mayor shall be declared elected and the three candidates who receive the largest number of votes cast for commissioner shall be declared elected. In case of a tie between opposing candidates, the election officials shall determine the result by lot.
(Amended 11- -94)
All municipal elections shall be conducted by the County Board of Elections in accordance with Articles 23 and 24 of Chapter 163, of the General Statutes of North Carolina, except as otherwise herein provided.
ARTICLE V. TOWN ATTORNEY
The Board of Commissioners shall appoint a Town Attorney who shall be an attorney-at-law licensed to engage in the practice of law in North Carolina and who need not be a resident of the Town during his tenure. The Town Attorney shall serve at the pleasure of the Board of Commissioners and shall receive such compensation as the Board shall determine.
It shall be the duty of the Town Attorney to prosecute and defend suits for and against the Town; to advise the mayor, Board of Commissioners, and other Town officials with respect to the affairs of the Town; to draw all legal documents relating to the affairs of the Town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; and to perform such other duties as may be required of him by virtue of his position as Town Attorney.
ARTICLE VI. ADMINISTRATIVE OFFICERS AND EMPLOYEES
The Board of Commissioners shall appoint a Town Clerk to keep a journal of the proceedings of the Board and to maintain in a safe place all records and documents pertaining to the affairs of the Town, and to perform such other duties as may be required by law or as the Board may direct.
The Board of Commissioners may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the Town, subject to the provisions of this Charter and the ordinances of the Town, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.
The Board of Commissioners may appoint from its regular members a Town Finance Officer to perform the duties of the finance officer as required by the Local Government Budget and Fiscal Control Act.
The Board of Commissioners may, in its discretion, consolidate the functions of any two or more of the positions of Town Clerk, Town Tax Collector, and Town Finance Officer, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions. The Board may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named positions, in lieu of appointing several persons to perform the same.
The Board of Commissioners may create and fill by appointment such other positions as it deems advisable to insure the efficient administration of the Town's affairs, and may, in its discretion, appoint a person to supervise all Town departments and may delegate to such person the power of appointment and removal of department heads and employees, other than the Town Attorney.
ARTICLE VII. FINANCE
All monies received by the Town for or in connection with the business of the Town government shall be paid promptly into the Town depository. Such institution shall be designated by the Board of Commissioners in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may 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 Local Government Budget and Fiscal Control Act.
Purchases of apparatus, supplies, materials, and equipment, and contracts for construction or repair work shall be made in accordance with the General Statutes of North Carolina relating thereto.
The territory within the corporate limits, and its citizens and property, shall be subject to municipal taxes levied by the Town for the fiscal year 1975-1976, and subsequent years. The Town may obtain from Brunswick County and the County shall provide upon request, a record of property within the corporate limits which was listed for taxation as of January 1, 1975.
ARTICLE VIII. CLAIMS AGAINST THE TOWN
All claims or demands against the Town arising in tort shall be presented to the Board of Commissioners in writing, signed by the claimant or his attorney or agent, within 90 days after such claim or demand is due or the cause of action accrues. No suit or action shall be brought on such a claim or demand within 30 days or after the expiration of 12 months from the time such claim or demand is presented. Unless the said claim or demand is so presented within 90 days, and unless suit is brought within 12 months thereafter, any action thereon shall be barred.