CHARTER
CHARTER
Section
   Disposition Table
   Related local laws
Editor’s note:
   This charter codification contains the basic charter as amended.  Various acts relating to the municipality which are not specific amendments to the charter or its amendments but which are of a general and permanent nature are also included.  Excluded from the charter codification are local acts relating to Mayor’s Court, issuance and sale of bonds, levy and collection of taxes and conduct of elections.  These types of local acts have been superseded by general laws.
   The charter materials are arranged and grouped according to the subject matter.  Article headings, catchlines and catch phrases have been inserted and the sections renumbered by the codifiers to facilitate indexing and for ease of reference.  Acts relating to the municipality, but not amendatory of the charter or its amendments, are similarly included in the grouping entitled “Related Local Laws”.
   Severability, repealer and effective date provisions are omitted.  When a section has been specifically amended or repealed by a later act, the amended or repealed section has been deleted.  All material contained within brackets has been added by the codifiers to clarify or to correct the meaning of the text or to refer the reader to a section as renumbered, within a given section.
   Immediately following the charter codification is a charter disposition table, setting out in chronological order the old section number, date and chapter number of the act, subject matter and the charter disposition.
§ 1  TOWN INCORPORATED; CORPORATE POWERS.
   That the town of Coats in the county of Harnett be and the same is hereby incorporated under the name and style of the Town of Coats, and under and by said name may sue and be sued, plead and be impleaded, contract and be contracted with, and acquire and hold property, real estate and personal, for the use of the town, as its Board of Commissioners may deem expedient.
(Pr. L. 1904, C. 362, Sec. 1)
§ 2  CORPORATE LIMITS.
   That the corporate limits of said town shall be as follows:  Beginning at a stake in Vaden Barbour’s field and runs due east fifty chains to a stake in A. Turner’s field; thence south fifty chains to a stake and pointers south of W.H. Coats’ house; then west fifty chains to a stake and pointers in R. Parrish’s line; thence north fifty chains to the beginning, containing two hundred and fifty acres.
(Pr. L. 1905, C. 362, Sec. 2)
§ 3  CORPORATE LIMITS ENLARGED.
   That section two of chapter three hundred and sixty-two of the Private Laws of one thousand nine hundred and five as amended be and the same is hereby modified by enlarging the boundaries of the Town of Coats so that the boundaries hereafter shall be as follows:
   Beginning at a stake corner in an old hedgerow path on the south side of a branch, and runs thence north four degrees fifteen minutes east, sixty-nine and twenty-five one hundredths chains (69.25) to a stake corner in Joseph Parrish’s field; thence south eighty-five degrees forty-five minutes east, fifty-four and fifty one hundredths chains (54.50) to a stake corner in a hedgerow between J. Zeb. Williams and Elbert Capps, just east of and near said Capps’ residence; thence south four degrees fifteen minutes west, passing northeast corner of present limits of the town, and with the present eastern boundary line of the town, passing southeastern corner of the present limits, sixty-nine and twenty-five one hundredths chains (69.25) to a stake corner in open field; thence north eighty-five degrees forty-five minutes west, fifty- four and fifty one hundredths chains (54.50) to the beginning station, and is three hundred seventy-seven and four tenths acres (377.4).
(Pr. L. 1939, C. 504, Sec. 1)
§ 4  OFFICERS OF TOWN; OTHER EMPLOYEES.
   That the officers of said town shall consist of a Mayor, [5] Commissioners, and Marshal; and the Commissioners when qualified may elect a town clerk and such other officers as they may deem necessary to the preservation and regulation of the town’s interest.
(Pr. L. 1905, C. 362, Sec. 3)  (Ord. passed 2-5-72)
Editor’s note:
   An ordinance enacted pursuant to G.S. § 160A-101 on February 5, 1972, changed the number of Commissioners from four to five.
§ 5  MAYOR AND COMMISSIONERS; OTHER OFFICERS ELECTED; BOND.
   That until the election hereinafter provided for, the Mayor and Commissioners provided for in the preceding section shall be as follows:  J.K. Steward, [Mayor]; R.M. Coats, J.G. Stephens, J.W. Talton, W.H. Coats, Commissioners, who shall hold their respective offices until their successors are elected and qualified.  All other officers of said town shall [be] elected by the Board of Commissioners, and such officers shall be required to enter into bond, payable to the state for the faithful performance of their several duties, into such amounts as to said board may seem just and reasonable.
(Pr. L. 1905, C. 362, Sec. 4)
§ 6  ELECTIONS; WHEN HELD; APPOINTMENT OF REGISTRARS AND JUDGES.
   Repealed.
(Pr. L. 1905, C. 362, Sec. 5)
§ 7  ELIGIBILITY REQUIREMENTS.
   Repealed.
(Pr. L. 1905, C. 362, Sec. 6)
§ 8  QUALIFICATION OF VOTERS.
   Repealed.
(Pr. L. 1905, C. 362, Sec. 7)
Editor’s note:
   Sections 6, 7 and 8 of this charter codification dealt with municipal elections and have been repealed as conflicting with the Uniform Municipal Election Law, G.S. §§ 163-279et seq.
§ 9  ORDINANCE POWERS OF BOARD.
   That the Board of Commissioners may adopt and enact such ordinances, rules, and regulations as to them may seem best for the government of said town, preserving the peace, abating nuisances, and promoting sanitary conditions therein, and may enforce the same by fine not exceeding fifty dollars, or imprisonment not exceeding thirty days in the common jail of Harnett County or on the streets or other public works of said town.
(Pr. L. 1905, C. 362, Sec. 8)
Statutory reference:
   Enforcement of town ordinances, G.S. § 160A-175
   General ordinance-making power, G.S. § 160A-174
§ 10  MAYOR’S COURT.
   Repealed.
(Pr. L. 1905, C. 362, Sec. 9)
§ 11  POWERS OF OFFICERS UNDER GENERAL LAW.
   That the Mayor, Board of Commissioners, Marshal, and all other officers of said town shall have all the authority and power, not inconsistent with the provisions of this act, which now belong to similar officers or which may hereafter be conferred upon such officers by law of the state applicable to towns and cities.
(Pr. L. 1905, C. 362, Sec. 10)
§ 12  COMMISSIONERS TO LEVY TAX; LIMIT.
   That the Board of Commissioners of the Town of Coats shall, not oftener than annually, levy a tax on real and personal property situated within the limits of said town, not exceeding fifty cents on each one hundred dollars’ valuation, the constitutional equation to be ever observed.
(Pr. L. 1907, C. 409, Sec. 12)
Constitutional reference:
   Reference to a poll tax in this section has been deleted.  Poll taxes prohibited, see North Carolina Constitution, Article V, Section 1.
Statutory reference:
   Ad valorem taxation permitted up to $1.50 per $100 appraised valuation of property, see G.S. § 160A-209
§ 13  TAX LISTS.
   Superseded.
(Pr. L. 1907, C. 409, Sec. 13)
Statutory reference:
   Superseding effect of the state Machinery Act, see G.S. §§ 105-271et seq.
§ 14  BOARD OF EQUALIZATION.
   Superseded.
(Pr. L. 1907, C. 409, Sec. 14)
Statutory reference:
   Superseding effect of the state Machinery Act, see G.S. §§ 105-271et seq.
§ 15  LICENSE TAXES; SUBJECTS OF; APPROPRIATION OF.
   That the said Board shall have the power, not oftener than annually, to impose and collect license taxes for the privilege of carrying on business or doing within the corporation any of the acts named in this section, viz.:  on all circuses, shows, exhibitions for reward, all gift enterprises, each billiard or pool table, bowling alley or alley of a like kind, bagatelle table or any other table, stand, or place for any other game or play, with or without name, unless such alley, stand, place, or game or table is kept for private amusement or exercise alone and not prohibited by law and not kept or used in connection with any place where liquors are sold; every merchant, peddler, grocer, druggist, and other trader who, as principal or agent, carries on the business of buying and selling goods, wares, or merchandise of whatsoever name or description; hotels, boarding houses, restaurants, and eating houses; auctioneers, commission merchants or agents, brokerage factors, or other persons who deal upon a brokerage or percentage basis; life or fire insurance agents and sewing machine agents, lightning rod agents; every horse or mule drover or person who buys and sells or receives horses or mules or both for sale, and every person who keeps horses or mules for hire; every itinerant dentist or medical practitioner, portrait or miniature painter, and every person taking likenesses of the human face; on every itinerant soliciting orders for portraits, pictures, and other like articles who delivers the same; every butcher or dealer in fresh meats; barber shops, fresh fish dealers—said Board shall have power to regulate the sale of fresh meats and fresh fish by restricting their sale to certain localities in said town; every huckster, trader, merchant, or his or their agents, who buy products for sale upon other markets; every owner or driver of a dray used for transportation of passengers for hire within or without said town; upon all persons, corporations, firms, or franchises within the Town of Coats that may be taxed by the General Assembly; upon all dogs.  The Board shall use the proceeds of this taxation to defray the expenses of the town and for the improvement thereof, and the same shall be deposited and covered into the general fund in the hands of the treasurer in like manner as other moneys are by said treasurer received and deposited.
(Pr. L. 1907, C. 409, Sec. 15)
Cross-reference:
   Schedule of privilege license taxes, see § 110.09 of this code of ordinances
Statutory reference:
   Privilege license taxes, see G.S. § 160A-211
§ 16  COLLECTION OF LICENSE TAXES.
   That all license taxes shall be collected by the Chief of Police or Tax Collector, who shall collect the same and issue a license therefor, signed by the Mayor and countersigned by the Clerk, which license shall not extend beyond June first next after it is issued, and which license shall be taken from a book of blanks to be furnished by the Board, and it shall be the duty of the Clerk to number consecutively each and every license issued and keep a true and full stub thereof in said blank license book and, when removed from said license book, it shall thereupon be immediately chargeable against said Chief of Police or Tax Collector; and no license not so issued shall be valid as evidence of a payment of the sum therein named, or for the purpose of carrying on the business or other act therein designated; provided that in proper cases said Board may relieve said Chief of Police or Tax Collector from the charge therefor upon his presentation to said Board of said license so taken from said book, and then the Clerk, after order thereto, exhibiting to said Board a proper entry across the face of the corresponding stub thereof of the final disposition of such license, and that the same be destroyed by said Board at the meeting wherein the other acts herein mentioned with reference thereto occur; provided further that the signature of the said Mayor may be by stamp or stencil, and that of said Clerk shall be only upon detachment of said license from said license book.
(Pr. L. 1907, C. 409, Sec. 16)
Statutory reference:
   Privilege license tax administration, G.S. §§ 105-33et seq.
§ 17  TAX BOOKS.
   Superseded.
(Pr. L. 1907, C. 409, Sec. 17)
Statutory reference:
   Superseding effect of the state Machinery Act, see G.S. §§ 105-271et seq.
§ 18  BOARD TO ACCESS TAX.
   Superseded.
(Pr. L. 1907, C. 409, Sec. 18)
Statutory reference:
   Superseding effect of the state Machinery Act, see G.S. §§ 105-271et seq.
§ 19  ORDER TO COLLECT TAXES; FORM OF ORDER.
   Superseded.
(Pr. L. 1907, C. 409, Sec. 19)
Statutory reference:
   Superseding effect of the state Machinery Act, see G.S. §§ 105-271et seq.
§ 20  TAX COLLECTOR TO GARNISHEE.
   Superseded.
(Pr. L. 1907, C. 409, Sec. 20)
Statutory reference:
   Superseding effect of the state Machinery Act, see G.S. §§ 105-271et seq.
§ 21  COLLECTION BY DISTRESS.
   Superseded.
(Pr. L. 1907, C. 409, Sec. 21)
Statutory reference:
   Superseding effect of the state Machinery Act, see G.S. §§ 105-271et seq.
 
CHARTER - DISPOSITION TABLE
Act and Date
Original Section
Subject
Charter Disposition
Pr. L. 1905, C. 362
1
Town incorporated
§ 1
Pr. L. 1907, C. 409
12 - 21
Taxes
§§ 12 - 21
Pr. L. 1913, C. 267
Graded School District
Deleted, obsolete
Pr. L. 1913, C. 411
Cotton Weigher
Deleted, obsolete
Pr. L. 1913,
Ex. Sess., C. 81
Bonds for Graded
School District
Deleted, obsolete
Pr. L. 1917, C. 53
Bonds for Graded
School District
Deleted, obsolete
Pr. L. 1933, C. 245
Appointment of Mayor and
4 Commissioners
Deleted, obsolete
Pr. L. 1935, C. 250
Appointment of Mayor and
4 Commissioners
Deleted, obsolete
Pr. L. 1939, C. 504
Corporate Limits
§ 3
Sess. L. 1957, C. 1313
Compensation of
Town Officials
Repealed by G.S. § 160A-64
Sess. L. 1961, C. 428
Extraterritorial Jurisdiction
of Police
Superseded by G.S. § 160A-286
Sess. L. 1969, C. 160
Municipal Election
Procedures
Repealed by G.S. §§ 163-279 et seq.
Ord. passed 2-5-72
Number of Commissioners
§ 4