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Article I. Incorporation, Corporate Powers and Boundaries
Article II. Governing Body
Article III. Elections
Article IV. Organization and Administration
Article V. Special Provisions
Sec. 2. [Purpose]
Sec. 3. [Acts not repealed or affected]
Sec. 3.1. [Section 3 of Chapter 730, Session Laws of 1987 not repealed]
Sec. 4. [Acts expressly repealed]
Sec. 5. [Chapter 691, Session Laws of 1971, amended]
Sec. 6 [Chapter 806, Session Laws of 1965, amended]
Sec. 7. [Mayor and Commissioners to serve remainder of terms]
Sec. 8. [Repealed provisions not affected]
Sec. 9. [Other provisions to continue]
Sec. 10. [Actions or proceedings not affected]
Sec. 11. [Severability]
Sec. 12. [Amendments of General Statutes]
Sec. 13. [Effective]
GENERAL ASSEMBLY OF NORTH CAROLINA
SENATE BILL 423
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF ELKIN.
The General Assembly of North Carolina enacts:
“THE CHARTER OF THE TOWN OF ELKIN
“ARTICLE I. INCORPORATION, CORPORATE POWERS AND BOUNDARIES
“Section 1.3. Corporate Limits. The corporate limits are those existing at the time of ratification of this Charter, as set forth on the official map of the Town, and as they may be altered from time to time in accordance with law. An official map of the Town, showing the current boundaries, shall be maintained permanently in the office of the Town Clerk and shall be available for public inspection. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map shall be made, and copies shall be filed in the office of the Secretary of State, either the Surry or Wilkes County Register of Deeds, and the appropriate boards of elections.
Chapter 525 of the Session Laws of 1989, S.B. 480, “An Act to Annex Certain Described Territory to the Town of Elkin,” ratified and effective June 30, 1989, amends these limits and is hereby adopted by reference as if set out in full herein.
“ARTICLE II. GOVERNING BODY
“Section 2.3. Mayor; Term of Office; Duties. The Mayor is elected by all the qualified voters of the Town for a term of four years; is the official head of the Town government and presides at meetings of the Board; has the right to vote only when there is an equal division on any question or matter before the Board; and exercises the powers and duties conferred by law or as directed by the Board.
“Section 2.4. Mayor Pro Tempore. The Board elects one of its members as Mayor Pro Tempore to perform the duties of the Mayor during his or her absence or disability, in accordance with general law. The Mayor Pro Tempore serves in such capacity until the organizational meeting following the next regular municipal election, despite the contrary provisions of G.S. 160A-70.
“ARTICLE III. ELECTIONS
“Section 3.1. Regular Municipal Elections. Regular municipal elections shall be held in each even-numbered year in accordance with the uniform municipal elections laws of North Carolina. Elections are conducted on a nonpartisan basis and the results determined using the plurality method as provided in G.S. 163-292.
Section 3.1, Regular Municipal Elections, was amended by House Bill 1045, ratified 6-26-2014 and effective 1-1-2015.
“ARTICLE IV. ORGANIZATION AND ADMINISTRATION
“Section 4.6. Other Administrative Officers and Employees. The Board may provide for appointment of other officers and employees by the Town Manager, and may organize the Town government as deemed appropriate, including combining any of the offices provided for in this Article, subject to the requirements of general law.
“ARTICLE V. SPECIAL PROVISIONS
“Section 5.1. Acceptance of Conveyance of Real Property for Liens. Despite G.S. 105-357(a) and other provisions of law, the Board, by resolution, may accept conveyance of real property on which the Town has a lien, in full or partial satisfaction of the tax, special assessment, or other charge or liability underlying the lien, including the expense of transferring title to the Town. The resolution shall order the lien cancelled of record, or reduced to the extent the liability underlying the lien is satisfied. Acceptance of conveyance by the Town does not affect a lien on the property held by a person or entity other than the Town. Property conveyed to the Town under this section may be disposed of subsequently by the Town under any of the methods provided in Article 12 of G.S. Chapter 160A, including private sale under G.S. 160A-267.
“Section 5.2. Elkin Employees’ Retirement. The Town of Elkin participates in the N.C. Local Governmental Employees’ Retirement System, as provided in Article 3 of G.S. Chapter 128, and under the rules and regulations of the Retirement Systems Division of the Office of State Treasurer. Any member employed by the Town may purchase additional creditable service in the System for employment with the Town before establishment of the Town’s previous private retirement plan. Such additional creditable service may be purchased as if the provisions of G.S. 135-4(t) were applicable, but without the necessity of completing 10 years of membership service. The purchase must be made within one year after the member first becomes eligible to make such purchase.
Sec. 2. [Purpose.] The purpose of this act is to revise the Charter of the Town of Elkin and to consolidate 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 expressly consolidated into this act, so that all rights and liabilities which have accrued are preserved and may be enforced.
Chapter 86, Private Laws of 1889
Chapter 368, Private Laws of 1893
Chapter 88, Private Laws of 1901
Chapter 119, Private Laws of 1903
Chapter 5, Private Laws of 1911
Chapter 44, Private Laws of 1911
Chapter 25, Private Laws of 1913
Chapter 282, Private Laws of 1913
Chapter 186, Private Laws of 1929
Chapter 348, Public-Local Laws of 1931, except for Section 6
Chapter 138, Private Laws of 1931
Chapter 520, Public-Local Laws of 1933
Chapter 71, Public-Local Laws of 1933
Chapter 30, Private Laws of 1933
Chapter 82, Private Laws of 1933, except for Section 1
Chapter 142, Private Laws of 1933
Chapter 258, Private Laws of 1935
Chapter 190, Private Laws of 1935
Chapter 150, Public-Local Laws of 1937, as to Elkin
Chapter 77, Public-Local Laws of 1937
Chapter 178, Public-Local Laws of 1937
Chapter 297, Public Laws of 1939
Chapter 436, Public-Local Laws of 1941
Chapter 710, Session Laws of 1943, as to Elkin
Chapter 865, Session Laws of 1951
Chapter 832, Session Laws of 1951
Chapter 128, Session Laws of 1957
Chapter 127, Session Laws of 1957
Chapter 822, Session Laws of 1963
Chapter 96, Session Laws of 1967
Chapter 712, Session Laws of 1969
Chapter 254, Session Laws of 1973
Chapter 175, Session Laws of 1981
Chapter 742, Session Laws of 1985
Chapter 992, Session Laws of 1985 (Regular Session 1986)
Sec. 6. [Chapter 806, Session Laws of 1965, amended.] Chapter 806, Session Laws of 1965, as amended, is deemed amended further to change each reference to Chapter 18 of the General Statutes or to particular sections or Articles of the former Chapter 18 of the General Statutes to refer to the provisions of the current Chapter 18B of the General Statutes which most closely correspond.
Sec. 11. [Severability.] If any provision or application of this act is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Sec. 12. [Amendments of General Statutes.] Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, superseded or recodified, the reference shall be deemed amended to refer to the amended section of the General Statutes, or to the General Statute section which most clearly corresponds to the statutory provision which is superseded or recodified.
In the General Assembly read three times and ratified this the 7th day of August, 1987.