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THE CHARTER OF THE TOWN OF FAIRMONT
The Town of Fairmont shall continue to be a body politic and corporate under the name and style of the "Town of Fairmont," and shall continue to be vested with all property and rights which now belong to the town; 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.
The town charter, being section 1 of Acts 1973, chapter 288 is printed herein as enacted.
The printing style, however, has been made consistent with that of the Fairmont Municipal Code. Other changes are encased in brackets [ ]. Immediately following the last section of the charter is an editor's note in which is printed to [sic, the] title, etc., of chapter 288, the "introductory language" in section 1 of chapter 288 and the "remainder" (being "legal status" sections) of chapter 288.
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, including Chapter[s] 160 and 160A of the General Statutes of North Carolina.
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 Fairmont 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.
The form of government of the Town of Fairmont shall be the council-manager form.
The corporate boundaries of the Town of Fairmont as of the date of ratification of this act [May 1, 1973] are as follows: [The original boundary description is deleted in this document; the boundaries are as set forth in the corporate map, which is on file in the clerk’s office.]
All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.
The town shall be governed by a mayor and a board of commissioners consisting of six (6) members to be elected by the qualified voters of the town voting at large.
The mayor shall be the official head of the town government and shall preside at all meetings of the board of commissioners. Where there is an equal division on a question, the mayor shall determine the matter by his vote, but he 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 general laws of North Carolina, by this charter, and by the ordinances of the town. The board of commissioners shall choose one of its numbers 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.
(a) The mayor and members of the board of commissioners shall serve for terms of four years and until their successors are elected and qualified. Their terms of office shall begin at the first regular meeting following their election.
[Language relating to the Board which adopted the first Code for the Town is deleted in this document.]
(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) In the event a vacancy occurs in the office of mayor or commissioner, the board of commissioners shall by majority vote appoint some qualified person to fill the same for the remainder of the unexpired term.
(d) The mayor and commissioners shall continue to receive the same compensation they now receive until such time as this may be changed pursuant to the provisions of G.S. 160A-64.
The board of commissioners shall meet and organize for the transaction of business at the first regularly scheduled meeting of the board following each biennial election. Before entering upon their offices, the mayor and each commissioner shall take, subscribe, and have entered upon the minutes of the board the oath of office prescribed in article VI, section 7 of the Constitution of North Carolina.
(a) The town board shall fix the time and place for its regular meetings, which shall be as often as once monthly. Special meetings may be held as provided in G.S. 160A-71.
(b) All meetings of the board shall be open to the public.
A majority of the membership of the board of commissioners shall constitute a quorum. The number required for a quorum shall not be affected by vacancies. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present.
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 yeas and nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the board. The enacting clauses of all ordinances shall be "Be it ordained by the board of commissioners of the Town of Fairmont". All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.
Elections for mayor and commissioners for the Town of Fairmont shall be conducted, in all respects, according to the procedures set forth in article 23, chapter 163 of the General Statutes of North Carolina.
The board of commissioners shall appoint a town manager who shall be the administrative head of the town government responsible for the supervision and administration of all departments. The town manager shall be appointed with regard to merit only, and he need not be a resident of the town at the time of his appointment. He shall hold office during the pleasure of the board of commissioners and shall receive such compensation as it shall fix by ordinance.
The town manager shall be the administrative head of the town government and see that within the town the laws of the state and the ordinances, resolutions and regulations of the board of commissioners are faithfully executed. He shall attend all meetings of the board of commissioners and recommend for adoption such measures as he shall deem expedient. He shall make reports to the board of commissioners from time to time upon the affairs of the town and keep the board fully advised of the town's financial condition and its future financial needs. He shall be responsible for the appointment and removal of all employees of the town, including heads of departments and superintendents, but not including the town attorney. All appointments and removals made by the town manager shall be reported to the board of commissioners at its next regular meeting.
It shall be the duty of all officers and employees of the town to perform such duties as may be required of them by the town manager under General Regulations of the board of commissioners.
The town manager shall have the powers and duties set forth in this section of the charter, those specified in G.S. 160A-148, and such other as may necessarily be implied for him to efficiently perform and carry out the duties of his office.
The town manager may appoint a town clerk to keep a journal of the proceedings of the board of commissioners 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 town manager may direct.
The town manager may appoint a tax collector to collect all taxes, licenses, fees and other moneys 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 town manager may appoint a town accountant to perform the duties of the accountant as required by the Municipal Fiscal Control Act.
The town manager may, with the approval of the board of commissioners, consolidate any two (2) or more of the positions of the town clerk, town tax collector, and town accountant, or may assign the functions of any one (1) or more of these positions to the holder or holders of any other of these positions. The town manager may also, with the approval of the board of commissioners, himself perform all or any part of the functions of any of the named officers, in lieu of appointing other persons to perform the same.
All moneys received by the town for or in connection with the business of the town government shall be paid promptly into the town depository or depositories. Such institutions shall be designated by the town board 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 moneys belonging to the town shall accrue to the benefit of the town. All moneys belonging to the town shall be disbursed only in accordance with the provisions of the Municipal Fiscal Control Act.
As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the town government by a certified public accountant or a qualified public accountant registered under chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the town or of any of its officers. The board of commissioners shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the town, and may be published if so ordered by the board of commissioners.
(a) All claims or demands against the Town of Fairmont arising in tort or in contract shall be presented to the board of commissioners in writing, signed by the claimant, his attorney or agent, within ninety (90) days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within thirty (30) days or after the expiration of twelve (12) months from the time said claim or demand is so presented. Unless the claim or demand is so presented within ninety (90) days after the cause of action accrues, and unless suit is brought within twelve (12) months thereafter, any action thereon is barred.
(b) No action shall be instituted against the town on account of damages to or compensation for real property taken or used by the town for any public purpose, or for the ejectment of the town therefrom, or to remove a cloud upon the title thereof, unless, within two (2) years after such alleged use, the owner, his executor, administrator, guardian, or next friend, shall have given notice in writing to the board of commissioners of the claim, stating in the notice the date that the alleged use commenced, a description of property alleged to have been used, and the amount of the damage or compensation claimed.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six (6) months after the termination of his incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three (3) years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six (6) months after termination of the incapacity, or within three (3) years after the happening or the infliction of the injury complained of, whichever is the longer period. The town may at any time request the appointment of a next friend to represent any person having a potential claim against the town and known to be suffering from physical or mental incapacity.
In exercising the power of eminent domain the Town of Fairmont may, in its discretion, use the procedures set forth in article 9 of chapter 136 of the General Statutes, or the procedures of any general law or local act applicable to the town.
The following are the portions of Acts 1973, chapter 288 referred to in the editor's note located at the beginning of the charter. The material is printed in a style consistent with the Fairmont Municipal Code.
SENATE BILL 508
SENATE BILL 508
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF FAIRMONT AND TO REPEAL PRIOR CHARTER ACTS.
The General Assembly of North Carolina enacts:
Section 1. The Charter of the Town of Fairmont is hereby revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF FAIRMONT
Section 2. The purpose of this act is to revise the Charter of the Town of Fairmont and to consolidate herein 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 consolidated, specifically or by implication, into this act, so that all rights and liabilities that have accrued are preserved and may be enforced.
Section 3. This act shall not be deemed to repeal, modify, nor in any manner to affect any of the following acts, portions of acts, or amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set forth herein:
(a) Any acts concerning the property, affairs, or government of public schools in the Town of Fairmont;
(b) Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.
Section 4. The following acts or portions of acts, having served the purpose for which enacted, or having been consolidated into this act, are hereby repealed: c. 112, Private Laws of 1899; c. 82, Private Laws of 1901; c. 42, Private Laws of 1907; c. 308, Private Laws of 1913; c. 312, Private Laws of 1913; c. 476, Private Laws of 1913; c. 151, Private Laws of 1915; c. 149, Private Laws of 1919; c. 64, Private Laws of 1921; c. 149, Private Laws of 1929; c. 183, Private Laws of 1929; c. 157, Private - Local Laws of 1931; c. 282, Session Laws of 1943; c. 198, Session Laws of 1947; c. 555, Session Laws of 1947; c. 86, Session Laws of 1949; c. 446, Session Laws of 1949; c. 800, Session Laws of 1949; c. 148, Session Laws of 1951; c. 223, Session Laws of 1953; c. 203, Session Laws of 1955; c. 452, Session Laws of 1957; c. 666, Session Laws of 1957; c. 741, Session Laws of 1957; c. 43, Session Laws of 1963; c. 172, Session Laws of 1965; c. 752, Session Laws of 1967; c. 308, Session Laws of 1969; c. 323, Session Laws of 1969; c. 772, Session Laws of 1969; c. 1007, Session Laws of 1969.
Section 5. No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):
(a) Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this act;
(b) Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this act.
Section 6. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(a) The repeal herein of any act repealing such law, or
(b) Any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.
Section 7. (a) All existing ordinances and resolutions of the Town of Fairmont, and all existing rules or regulations of departments or agencies of the Town of Fairmont, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified or amended.
(b) No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Fairmont or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.
Section 8. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Section 9. All laws and clauses of laws in conflict with this act are hereby repealed.
Section 10. This act shall become effective upon its ratification.
In the General Assembly read three (3) times and ratified, this the 1st day of May, 1973.
/s/ James E. Hunt, Jr.
President of the Senate
/s/ James E. Ramsey
Speaker of the House of Representatives