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Effective March 3, 2008, the town passed an ordinance to change the form of government to the Council-Manager format.
Effective May 15, 2017, the town passed Ordinance No. 2017-006 to change the governing board from Board of Aldermen to Town Council.
Section 1. Body corporate; corporate name; corporate powers.
Section 2. Corporate limits.
Section 3. Town officers.
Section 4. Election of officers; eligibility.
Section 5. Elections under general law.
Section 6. Mayor and Council members to qualify.
Section 7. Council members to fill vacancies.
Section 8. Mayor to preside at meetings of Council members; to break ties.
Section 9. Council members to form one Council; meetings.
Section 10. Council members to pass ordinances, bylaws, rules and regulations.
Section 11. Powers.
Section 12. Bonds.
Section 13. Same; record; coupons receivable for dues to town; exempt from town tax.
Section 14. Same; special tax.
Section 15. Same; taxes kept separate; specific appropriation; application of surplus.
Section 16. Same; purposes of bond issues; apportionment of expenditures; annexed territory not liable for present debt.
Section 17. Same; bridges.
Section 18. Town Clerk and Treasurer and Tax Collector.
Section 19. Salary and duties of Town Clerk.
Section 20. Tax Collector.
Section 21. Police.
Section 22. Same; fees; temporary police.
Section 23. Same; suspension.
Section 24. Tax lists.
Section 25. Same; additions.
Section 26. Subjects of taxation.
Section 27. Council members to levy taxes.
Section 28. Tax to be collected by distress.
Section 29. Real estate to be sold.
Section 30. Improvement of streets and sidewalks.
Section 31. Equity of redemption.
Section 32. License taxes.
Section 33. Objects of taxation.
Section 34. Streets.
Section 35. Same; assessments.
Section 36. Cemeteries.
Section 37. Fire limits.
Section 38. Additional powers.
Section 39. Nuisances.
Section 40. Markets.
Section 41. Fines and penalties.
Section 42. How penalties recoverable.
Section 43. Salary of Council members.
Section 44. Violations of ordinances.
RELATED LOCAL LAWS
Chapter 432. Confederate Monument.
Chapter 3. Use of Power Plant Proceeds.g
Chapter 38. Qualifications of Officers.
The inhabitants of the Town of Franklin in Macon County, living within the bounds set forth in section two hereof, are and shall continue to be as heretofore a body corporate under the name and style of "The Town of Franklin," and under the name and style is hereby invested with all the privileges, immunities and franchises, together with all other rights heretofore belonging to Franklin, and in and by that name may sue and be sued, plead and be impleaded, acquire, hold and dispose of property, real, personal and mixed, for the welfare, improvement and use of the town, as its Town Council or other proper author ities may deem necessary and expedient. (Pr. Laws 1905, C. 26, Sec. 1; Am. Ord. 2017-006, adopted 5-15-17)
General corporate powers, see G.S. §§ 160A-11, 160A-12
(A) The corporate limits of the Town of Franklin shall be and embrace all that territory lying in Macon County within a radius of one mile of the present Macon County courthouse.
(B) The corporate limits of the Town of Franklin, a municipal corporation located in Macon County, North Carolina, shall be extended by annexing to the territory now within the corporate limits the area of land embraced within the following boundaries, to-wit:
Beginning at a point where the north boundary line of the right of way of U.S. Highway No. 64 west of Franklin intersects the present line defining the corporate limits of the Town of Franklin; runs westward with the north boundary line of the right of way of U.S. Highway No. 64 to a point where the north boundary line of the right of way of U.S. Highway No. 64 intersects a prolongation of the west boundary line of Woodlawn Cemetery; then following the west boundary line of Woodlawn Cemetery property to its southwest corner; then following the southern boundary line of the Woodlawn Cemetery property to its southeast corner; then following the east and southeast boundary lines of Woodlawn Cemetery property to its northeast corner near the entrance of the Roten Road; then following the south boundary line of the right of way of U.S. Highway No. 64 to the line defining the present corporate limits of the Town of Franklin; thence to the beginning.
(C) Beginning at a stake in the south edge of U.S. Highway 64 West of Franklin, North Carolina running south 19 degrees 5 minutes east 185 feet east to a point in the center of Crawford Branch, thence with center of Crawford Branch south 37 degrees 30 minutes west 218 feet to a point, thence south 3 degrees 30 minutes east 117 feet thence south 3 degrees 0 minutes east 65 feet thence south 34 degrees 30 minutes west 87 feet thence south 24 degrees 0 minutes west 152 feet thence south 62 degrees 0 minutes west 95 feet to a point where Crawford Branch intersects with a small branch along Fred Conley's east line thence with the branch south 3 degrees 30 minutes west 456 feet to a point. Thence south 48 degrees 0 minutes east 453 feet to a point. Thence north 82 degrees 45 feet. East 227 feet. Thence south 140.7 degrees to a point in the north edge of Womack Street thence along the north edge of Womack Street in an easterly direction 93-2 feet thence in a northwesterly direction along the west line of Harry Potts 159.3 feet to the southwest corner of Lot No. 16. Thence north 83 degrees 30 minutes east 165.9 feet to an I.P. Thence north 11 degrees west 59.5 feet. Thence north 69 degrees 0 minutes east 213 feet to an I.P. Thence north 0 degrees 17 minutes east 145 feet to a concrete monument thence north 24 degrees 36 minutes west 1118.9 feet to a red oak thence north 19 degrees 5 minutes west 211 feet to a point in U.S. Highway 64, thence in a westerly direction with U.S. Highway 64 in a westerly direction 62 feet to a point of beginning.
The same being the boundary description of Forest Hills Subdivision recorded on plat as surveyed by R.H. Slagle and J.R. Bradley on April- May 1955 and recorded on page 186 plat book No. 1 - records of Macon County, North Carolina.
(D) Beginning at a point in the center line of Third Street, the beginning corner being located north 27 degrees 45 minutes east 125 feet from the intersection of the center line of Third Street with the north margin of Cherry Street in the Town of Franklin, Macon County, North Carolina; runs thence with the center of Third Street, north 27 degrees 45 minutes east 635 feet to a point in the center line of the street; thence continuing with the center line of the street north 50 degrees east 277 feet to a point in the center line of the street at the south margin of the Holly Springs Road; thence a northwest direction approximately 15 feet to an iron pipe set on the west margin of Third Street, a corner common to the R.B. Waldroop property; thence north 89 degrees 15 minutes west 135 feet to an iron pipe at the northernmost corner of Lot No. 10 of Highland Acres Subdivision; thence south 22 degrees 43 minutes west 15 feet to a stake; thence north 62 degrees 7 minutes west 150 feet to a stake; thence south 27 degrees 30 minutes west with the east boundary line of the Lyman Field Subdivision 824 feet to an iron pipe, a corner common to the R. Cunningham lot; thence south 65 degrees 51 minutes east 150 feet to the point of beginning.
(E) All laws and clauses of laws applicable to the Town of Franklin according to the corporate limits as heretofore defined, shall be applicable to the Town of Franklin with the extended boundaries as set forth in division (B) above as fully as if the extended boundaries had been set forth in the original charter of the municipal corporation, and each amendment thereto, and each re-enactment of the charter. (Pr. Laws 1905, C. 26, Sec. 2; Pr. Laws 1915, C. 189, Sec. 1; Sess. Laws 1949, C. 129)
(A) The administration and government of the town shall be vested in one principal officer, to be styled the Manager, as appointed by the Town Council, a Town Council and other officers as are herein provided for. The own Council of the Town of Franklin, Macon County, shall consist of six members who shall be elected in accordance with the general laws governing municipal elections of North Carolina. The Manager shall have duties and powers as established in G.S. § 160A-148.
(B) Any qualified voter desiring to become a candidate for the office of Mayor or Council member shall file with the Town Clerk a Notice of Candidacy on the form and at the time as prescribed by the Town Council by ordinance. Any candidate for the office of Mayor shall pay to the Clerk a filing fee of $15 and any candidate for the office of Council member shall pay a filing fee of $5. (Pr. Laws 1905, C. 26, Sec. 3; Pr. Laws 1933, C. 5; Pr. Laws 1935, C. 5; Sess. Laws 1 965, C. 387; Am. Ord. adopted 3-3-08; Am. Ord. 2017-006, adopted 5-15-17)
The officers of the Town of Franklin, consisting of a Mayor and six Council members, shall be elected by ballot in 1905, and biennially thereafter, and shall hold their office for four years or until their successors are elected and qualified. Any qualified voter of this state shall be eligible to the office of Mayor, Council member or other officer of the Town of Franklin and entitled to vote in its municipal elections: provided he shall have resided within the corporate limits of the town for 90 days next preceding the day of election and shall be entered on the registration books according to the rules and regulations provided for in the following section. Provided further, that the above provision shall not apply to the Chief of Police, Marshal, Policeman, or other employees or officers elected, chosen, or em ployed by the Town Council of the town, but the Chief of Police, Marshal, or policeman of the town, or other officers or employees so chosen, employed, or elected by the Town Council, need not have resided in the town for the 90 days, or previous to the election or employment by the Council, and need not be a legal voter or resident of North Carolina. (Pr. Laws 1905, C. 26, Sec. 5; Pr. Laws 1915, C. 189, Sec. 2; Am. Ord. 2017-006, adopted 5-15-17)
Residency requirements generally, North Carolina Constitution, Article VI
(A) All elections held in the Town of Franklin for the election of Mayor, Council member or other officer, or for other purposes, shall be held under the rules and regulations set forth in the Public Laws. (Pr. Laws 1905, C. 26, Sec. 6)
(B) The members of the Town Council shall hereafter be elected for four-year terms on a staggered basis as follows: at the regular municipal election to be held in 1977, the three candidates who receive the highest number of votes shall be elected for four-year terms while the three candidates who receive the next highest number of votes shall be elected for two-year terms. Beginning at the regular municipal election to be held in 1979, and every two years thereafter, three members of the Town Council shall be elected to serve for four-year terms. (Pr. Laws 1905, C. 26, Sec. 6: Ord. of 5/8/77; Am. Ord. 2017-006, adopted 5-15-17)
The Uniform Municipal Election Laws of 1971, as amended, G.S. §§ 163-279 et seq.
The Mayor, within five days after election and before entering upon the duties of his office, shall, before some person authorized to administer oaths take the oath of office for Mayors prescribed in The Code; and each Council member or other officer, before entering upon the duties of his office, shall take, before the Mayor or other person authorized to administer oaths, an oath of office prescribed in The Code. (Pr. Laws 1905, C. 26, Sec. 7; Am. Ord. 2017-006, adopted 5-15-17)
(A) The Town Council shall have power to fill any vacancy in the Council that may occur during their term of office, by death, resignation or otherwise.
(B) The Town Council shall have power to elect one of their number Mayor Pro Tempore, to act as Mayor in the case of absence of the Mayor or his disability to perform the duties of his office. The person so appointed shall possess all the powers and rights of the Mayor during his absence or inability to attend to his duties. In the case of a vacancy in the office of Mayor, caused by death, resignation or otherwise, the Town Council shall have authority to elect his successor, who shall serve as Mayor until the next regular election, when his successor is elected and qualified: Provided, that any person eligible to the office of Mayor at the regular election may be elected by the Town Council to fill out an unexpired term as above set forth. (Pr. Laws 1905, C. 26, Sec. 8; Am. Ord. 2017-006, adopted 5-15-17)
Vacancies, G.S. § 160A-63; Mayor pro tem, G.S. § 160A-70
The Mayor, when present, shall preside at all the meetings of the Town Council, and when there is an equal division upon any question or in the election of officers by the Council he shall determine the matter by his vote. He shall vote in no other case, and if he shall be absent the Mayor Pro Tempore may exercise his duties. (Pr. Laws 1905, C. 26, Sec. 10; Am. Ord. 2017-006, adopted 5-15-17)
Mayor to preside over the Council, G.S. § 160A-69
The Council members shall form a Council, and a majority of them shall be competent to perform all the duties prescribed, unless otherwise provided. At their first meeting they shall fix stated days of meeting for the year, which shall be as often at least as once in every month. Special meetings of the Council members may also be held on the call of the Mayor or a majority of the Council members, and of every meeting, when called by the Mayor, all the Council members shall be notified, and when called by a majority of the Council members as shall not join in the call shall be notified. (Pr. Laws 1905, C. 26, Sec. 11; Am. Ord. 2017-006, adopted 5-15-17)
Procedure for regular and special meetings, G.S. § 160A-71
The Town Council, when convened, shall have power to make and provide for the execution thereof of ordinances, bylaws, rules and regulations for the better government of the Town of Franklin as they may deem necessary, not inconsistent with this act or with the laws of the land. (Pr. Laws 1905, C. 26, Sec. 12; Am. Ord. 2017-006, adopted 5-15-17)
General ordinance making power, G.S. § 160A-174
Among the powers hereby conferred on the Town Council they may borrow money or create a public debt for purposes other than necessary expenses of the town, only after they have passed an ordinance by a three-fourths vote of all the Council, at two separate regular meetings, submitting the question of creating a debt to the vote of the people, and a majority of the qualified registered voters have voted in favor thereof. Thirty days' notice of the election shall be given in some newspaper published in Macon County, at which election those favoring the creation of the debt shall vote “Approved,” and those who oppose it shall vote “Not Approved.” The Council may order a new registration at any and all elections if they deem it proper to do so. They may provide water-works, provide for macadamizing, building, repairing, paving and cleaning streets and sidewalks, regulate markets and take all proper means to prevent and extinguish fires; to appoint and regulate a police force to execute the precepts as the Mayor or other person may issue to them; to preserve the peace and order of the town and to execute the ordinances of the town; to suppress and remove nuisances, preserve the health of the town from contagious or infectious diseases, and shall appoint and provide for the pay and prescribe the duties of all other officers as may be deemed necessary for the good order of the town. (Pr. Laws 1905, C. 26, Sec. 13; Pr. Laws 1907, C. 323, Sec. 1; Am. Ord. 2017-006, adopted 5-15-17)
The Town Council of the Town of Franklin shall be and they are hereby authorized, empowered, and directed to issue bonds of their Town to be styled “Public Improvement Bonds of the Town of Franklin” to an amount which in the discretion of the Town Council will meet with the necessary public improvements authorized herein, and of the denomination and of the proportion as the Town Council shall deem advisable; the bonds to be signed by the Mayor of the Town of Franklin and countersigned by the Clerk of the Town Council of the town, and to be of the form and tenor and transferable in the way and the principal thereof payable or redeemable at the time or times, not exceeding 40 years from the date thereof, at the place or places as the Town Council of the Town of Franklin may determine; that none of the bonds may be disposed of at a less price than their par value, and the bonds may be issued at the time or times and in the amount or amounts as may be deemed best by the Town Council of the town to meet the expenditures contemplated by this Act and provided for herein. The bonds shall bear interest from the date of issuing thereof at a rate not to exceed 6% per annum, with interest coupons attached, payable annually or semiannually as the Council may determine, and at the time or times and at the place or places as may be deemed advisable by the Town Council: Provided, that the bonds so issued as provided for herein shall not exceed in the aggregate the sum of $30,000. (Pr. Laws 1915, C. 189, Sec. 3; Am. Ord. 2017-006, adopted 5-15-17)
The bonds and their coupons when issued as herein provided shall be numbered and a record shall be kept of all bonds and when due. The interest coupons shall be received in payment of all taxes, fines, assessments, or debts due the town, and the bonds shall not be taxed by the town nor shall they be subject to any town tax. (Pr. Laws 1915, C. 189, Sec. 4)
For the purpose of providing for the payment of the annual or semiannual interest of the bonds, and to create a sinking fund for the final discharge and payment of the bonds when due, the Town Council of the Town of Franklin are hereby authorized and it shall be their duty annually to compute, lay, and levy at the time of levying other taxes of the town a sufficient special tax upon all polls and all property, real and personal, and on other subjects of taxation mentioned in the charter of the Town, which shall be returned or listed for general taxation in the Town to meet the purpose, at all times observing the constitutional equation between the property and polls; and the taxes shall be collected in the same manner and at the same time as other taxes in the Town are collected, and shall be paid over by the Tax Collector to the Treasurer of the Town, and the Tax Collector and Town Treasurer shall give justified bonds in sufficient amounts to cover the amount of taxes, both the bonds to be approved by the Town Council and to be filed with the Clerk of the Town Council of the Town. (Pr. Laws 1915, C. 189, Sec. 5; Am. Ord. 2017-006, adopted 5-15-17)
The taxes levied and collected as provided in this act and for the purposes specified herein shall be kept separate and apart from any other taxes of the Town, and shall be used only for the purposes for which they were levied and collected: Provided, that if the tax levied and collected for the payment of interest shall in any year exceed the sum required for that purpose, then the amount in excess may be applied to the credit of the interest fund for the next succeeding year, or the Town Council may create a sinking fund for the final payment and discharge of the bonds when due by excess. (Pr. Laws 1915, C. 189, Sec. 6; Am. Ord. 2017-006, adopted 5-15-17)
The bonds herein provided for shall be for the following purposes: for the improvement, construction, or extension of streets, sidewalks, bridges, sewers, drains, and water-works within the limits of the Town of Franklin as set out in section one of this act, and for no other purposes; and the Town Council of the Town are hereby authorized, empowered, and directed to use, in their discretion, the pro rata portion of the sum or sums realized from the sale of the bonds as the taxable values within the present limits of the Town bear to the taxable values of the extended territory included herein, and to apportion the same to the public improvements in respective areas according to the ratio or pro rata portion: Provided, that neither the polls, real or personal property now outside the corporate limits of the Town of Franklin and proposed to be included within the limits as set out in Section one of this charter, shall ever be taxed to pay any part of the interest or principal of the present indebtedness of the Town of Franklin, bonded or otherwise. (Pr. Laws 1915, C. 189, Sec. 7; Am. Ord. 2017-006, adopted 5-15-17)
The provisions of this act shall not apply to or include the bridges across the Tennessee River within the limits of the Town, but the bridges shall be and remain under the care and control of the County of Macon, and the County of Macon shall, through its proper officers, as provided by law, direct, control, and pay for all maintenance, repair, or construction thereon necessary, and be under the same pains and penalties therefor as now provided by law. (Pr. Laws 1915, C. 189, Sec. 8)
At the first meeting of the Town Council after their qualification, or as soon thereafter as practicable, they shall elect a Town Clerk and Treasurer and a Tax Collector, who shall, respectively, hold their offices during the term of the Council electing them and until their successors are elected and qualified, subject, however, to be removed at any time and others appointed in their stead for misbehavior or neglect in office. Before acting, each of the officers shall take an oath before the Mayor to faithfully discharge the duties required of him by the Town Council, and each shall execute a bond in an amount as the Council may require, with security, to be approved by the Council. The bonds required of the Clerk and Treasurer and Tax Collector shall be renewed every year. (Pr. Laws 1905, C. 26, Sec. 14; Am. Ord. 2017-006, adopted 5-15-17)
Oaths of office, G.S. § 160A-61
The Clerk and Treasurer shall have a reasonable salary, and it shall be his duty to keep regular and fair minutes of the proceedings of the Council, and to preserve all books, papers and other articles committed to his care during his continuance in office, and deliver them to his successor; and he shall receive and faithfully keep all monies which shall be paid to him for the use and in behalf of the Town, and disburse the same according to orders given in obedience to the direction of the Council appearing on the minutes. He shall keep a fair and correct account of all monies so received and disbursed by him in a book kept for that purpose, showing from what source money is received and for what purpose paid out, and shall submit said accounts to the Council whenever required. He shall pay to his successor all monies in his hands belonging to the Town, and faithfully perform all duties imposed on him as Clerk and Treasurer by the laws and ordinances of the Council. (Pr. Laws 1905, C. 26, Sec. 15; Am. Ord. 2017-006, adopted 5-15-17)
Duties of the Clerk, G.S. § 160A-171; duties of the finance officer, G.S. § 159-25
The Tax Collector whose appointment is herein provided for shall be vested with the same power and authority in the collection of taxes that Sheriffs have, and subject to the same fines and penalties for failure or neglect of duty. He shall be charged with the sums appearing by the tax lists as due for town taxes. He shall be credited in settlement as Sheriffs are credited with amounts in suit by appeal, all poll tax and tax on personal property certified by the Clerk of the Commissioners of Macon County by order of the Board of County Commissioners to be insolvent and uncollectible. He shall at no time retain in his hands more than $50 for a longer time than ten days, under a penalty of 10% per month to the City upon all sums so unlawfully retained. The Town Council, at a regular meeting before the last regular meeting in each year, shall appoint one of their number to be present and assist at the counting and settlement between the Tax Collector and Treasurer, and to audit and settle the accounts of the Town Treasurer. The accounts so audited shall be reported to the Town Council, and when approved by them shall be recorded in the minute book of the Council and be prima facie evidence of their correctness. It shall be the duty of the Council to remove any Tax Collector who shall fail to settle and fully pay off the taxes due by law from him, and he shall not be eligible to re-election to the office. (Pr. Laws 1905, C. 26, Sec. 16; Am. Ord. 2017-006, adopted 5-15-17)
Duties of the Tax Collector, G.S. § 105-350
The Town Council shall have power to appoint a police force, to consist of a Chief of Police or Chief Marshal and number of policemen as the good government of the Town may require, who shall hold their office during the term of the Council appointing them and until their successors are appointed. The Chief of Police or Marshal shall give bond in the sum as the Town Council may require for the faithful performance of the duties imposed by law and the ordinances of the Town, and to faithfully account to the Town for all monies that may come into his hands from fines, penalties, and the like. It shall be the duty of the Chief of Police to attend the Mayor's Court when in session, and report at times as the Council may require, not less than once in each week, to the Mayor any violations of law or ordinances of the City, to collect all fines and penalties imposed and pay them to the Town Treasurer, and to execute the orders and judgments of the Mayor’s Court; to see that the laws and ordinances of the Town are enforced, and do other things as may be required of him by the Council. The Chief of Police and all members of the force shall have all the power and authority vested in sheriffs and constables for the preservation of the peace of the Town by suppressing disturbances and apprehending offenders. They shall execute all the processes directed to them by the Mayor or others, and in the execution thereof shall have all the powers which sheriffs and constables have. The Chief and members of the police force shall take an oath before the Mayor for the faithful performance of the duties by law and ordinances. (Pr. Laws 1905, C. 26, Sec. 17; Am. Ord. 2017-006, adopted 5-15-17)
The members of the police force shall be entitled to receive the same fees arising from the execution of precepts as sheriffs and constables for the same service, which fees shall be collected and paid into the treasury of the Town. The Town Council shall pass ordinances for the government and direction of the police and fix their compensation. In times of exigencies the Mayor may appoint temporarily additional policemen for the time as shall appear necessary, not exceeding one week, who shall take the same oath and shall be subject to the same control as regular policemen. (Pr. Laws 1905, C. 26, Sec. 18; Am. Ord. 2017-006, adopted 5-15-17)
The Mayor may at any time, upon charges being preferred, or upon finding any member of the police force guilty of misconduct, have power to suspend the members from service until the Town Council may convene and take action in the matter, and upon hearing the proofs in the case the Council may discharge or restore the member, and the pay of the member shall cease from the time of the suspension to the time of his restoration to service. Any violations of the regulations of the Council or orders of the Mayor shall be good cause for dismissal. The Mayor shall suspend the Chief or any member of the police force if found drunk or disorderly when on duty. The police shall have general power to do whatever may be necessary to preserve the good order and peace of the Town and secure the inhabitants from personal violence and their property from loss or injury. (Pr. Laws 1905, C. 26, Sec. 19; Am. Ord. 2017-006, adopted 5-15-17)
The Clerk and Treasurer shall, on the third Monday in May of each and every year, make advertisement in some newspaper, notifying all persons residing in the Town of Franklin who own or have control of taxable property in the Town on the first of June to return to him on or before the last day of June a list of their taxable property in the Town. The list shall state the number of lots or parts of lots and all other property now taxable or that may hereafter be made taxable by the laws of the State or the ordinances of the Town, and the list so returned to the Clerk and Treasurer shall be sworn to before him, and he is hereby authorized to administer to them the following oath: "I, __________________________ do solemnly swear that the tax return made out and returned by me contains a full and accurate list of the number of lots owned by me in the Town, a full and accurate list of all property, stocks, bonds, shares in incorporated companies, income, solvent credits and all other property of all kinds and descriptions subject to taxation by the laws of the State and ordinances of the Town according to my best information and belief: So help me, God." And from the return so made the Clerk and Treasurer shall, within 30 days after the expiration of the time for taking the list, make out in a book kept for that purpose an alphabetical list of the persons and owners of property who have so made their return in the same manner as tax lists are made out by law for the collection of State taxes. And the Clerk and Treasurer shall copy in the book the assessments made by the Board of Township Assessors of all property within the Town limits, which assessment may be revised, corrected or amended by the Town Council. (Pr. Laws 1905, C. 26, Sec. 20; Am. Ord. 2017-006, adopted 5-15-17)
The Clerk and Treasurer shall, within 30 days from the return of the tax list, make out, to the best of his knowledge and belief, by comparing his book with the returns made by the Board of Township Assessors and by diligent inquiry from other sources, a list of taxable polls and owners of taxable property in the Town who shall have failed to return a list in the manner and time aforesaid, and the person so listed shall forfeit and pay a sum to be fixed by the Town Council not exceeding twice the amount of his tax, which penalty may be recovered as other fines and penalties are recovered by the Town Council before the Mayor of a justice of the peace. (Pr. Laws 1905, C. 26, Sec. 21; Am. Ord. 2017-006, adopted 5-15-17)
In order to raise a fund for the expenses incident to the proper government of the Town, the Council members may annually levy and collect the following taxes, viz.:
(A) On all real estate and personal property in the Town, a tax not exceeding fifty cents on every hundred dollars value of property, and on all taxable polls a tax not exceeding $1.50, who may be residents of the Town on the first day of June of each year or may have been so resident within 60 days next preceding that day; the constitutional equation to be observed in all levies.
(B) On all carriages, buggies, hacks and horses used in the Town for hire, a tax not exceeding $5. (Pr. Laws 1905, C. 26, Sec. 22; Pr. Laws 1907, C. 323, Sec. 2; Am. Ord. 2017-006, adopted 5-15-17)
As soon as the Clerk and Treasurer shall have furnished the assessment roll as provided, and the same shall have been revised by the Board, the Town Council shall proceed to levy the taxes on the subjects of taxation as they may choose and shall place the tax list in the hands of the collector for collection, who shall proceed forthwith in the collection, and shall complete the same on or before the first day of January next ensuing, and shall pay the monies as collected to the Treasurer; and the collector for his compensation shall receive not exceeding 5% on the amount collected. (Pr. Laws 1905, C. 26, Sec. 23; Pr. Laws 1907, C. 323, Sec. 3; Am. Ord. 2017-006, adopted 5-15-17)
If any person liable to taxes on subjects di rected to be listed shall fail to pay them within the time prescribed for collection, the collector shall proceed forthwith to collect the same by distress and sale, after public advertisement for the space of ten days in some newspaper published in the county, if the property to be sold be personalty, and of 30 days if the property be realty. (Pr. Laws 1905, C. 26, Sec. 24)
When the tax due on any lot or other land which is hereby declared to be a lien on the same shall remain unpaid on the first day of January, and there is no other visible estate of the lot or land of the person in whose name it is listed liable for distress and sale known to the Collector, he shall report the fact to the Council members, together with a particular description of real estate and thereupon the Council members shall direct the same to be sold at the courthouse door by the Collector, after advertising for 30 days in some newspaper published in the County, which the Collector shall do. And the Collector shall divide the land or lot into as many parts as may be convenient (for which purpose he is authorized to employ a surveyor), and shall sell as many parts as may be required to pay the taxes and all expenses attendant thereto. If the same cannot be conveniently divided the Collector shall sell the whole; and if no person will pay the whole of the tax and expenses for the whole of the land the same shall be struck off for the Town, and, if not redeemed as hereinafter provided, shall belong to the Town in fee. The Collector shall return an account of his proceedings to the Council members, specifying the portions in which the land was divided and the purchaser or purchasers thereof, and the prices paid by each, which shall be entered on the book of proceedings of the Council, and if there shall be a surplus after paying the taxes and expenses of advertising and selling the same it shall be paid into the Town Treasury, subject to the demand of the owner. (Pr. Laws 1905, C. 26, Sec. 25; Am. Ord. 2017-006, adopted 5-15-17)
The Town Council is hereby authorized and empowered to tax and assess at any regular meeting 1/2 the cost of paving sidewalks and 1/3 the cost of macadamizing or paving streets against the lands fronting on each side of the street, each property being liable only for the share of the cost of paving or macadamizing that part of the street or sidewalk upon which the property fronts; and for the purpose the Town Council shall cause to be kept an accurate account of the cost of the pavement or macadam upon which each property fronts; and the person appointed or directed to keep the account shall report the same to the Council under oath, and when found by the Council to be correct, it shall be entered in the minutes as a charge against the frontage, and the sums so charged shall be a lien on the property from the time, which lien shall relate back to the time the improvements were begun under an order of the Council for the purpose. The Council shall cause notice to be served personally or through the mails upon the owner of the lands charged of the amount of the charge and of the time herein provided for the payment of the same, and unless the same shall be paid within 30 days thereafter the Clerk of the Council shall issue execution against the property charged, directed to the Chief of Police, who shall sell the same after due advertisement, by descending bids, to the person who will pay the charges and costs of sale for the least number of front feet running back at right angles with the street to the back of the lot. Any landowner may pay amount so charged against his land under protest and file a statement with the Town Council, under oath, that the amount charged is in excess of the share of costs for which the property is made liable by this act; in which case the Council shall cause the issue to be transferred to the Superior Court, to be tried as other civil issues, and the Town shall return any excess found to the owner with costs, if the issue is found against it. (Pr. Laws 1907, C. 323, Sec. 4; Am. Ord. 2017-006, adopted 5-15-17)
The owner of any land sold under the provi sions of this charter and amendments, or any person acting for them, may redeem the same within one year after the sale by paying to the purchaser the sum paid by him and 25% on the amount of taxes and expenses, and the Treasurer shall refund to him the proceeds, less double the amount of the taxes. That if the real estate sold as aforesaid shall not be redeemed within the time specified, the corporation shall convey to the purchaser or his assigns the same in fee; and the recitals in the conveyance, or in any other conveyance of land sold for taxes due the town, that the taxes were due, or of any other matter required to be true or done before the sale might be made, shall be prima facie evidence that the same was true and done. (Pr. Laws 1905, C. 26, Sec. 26)
In addition to the subjects listed for taxation the Council members may levy a tax on the following subjects, the amount of which tax, when fixed, shall be collected by the Tax Collector immediately, and if the same be not paid on demand the same may be recovered by suit on the articles upon which the tax is imposed. Any other property of the owner may be distrained and sold to satisfy the same, viz.:
(A) Upon all itinerant merchants or peddlers selling or offering to sell in the Town, a tax not exceeding $50 per year, except only as sell books, charts or maps, and the like as sell only goods, wares and merchandise and other productions of the growth and manufacture of the state. Upon every company of circus riders who shall exhibit within the Town or in one mile thereof, and upon every person or company exhibiting within the Town or in one mile thereof, stage or theatrical companies, sleight-of-hand performers, rope-dancing, tumbling or menagerie, a tax not exceeding $100 for every day they exhibit.
(B) Upon every exhibition of any other kind, and on every theater company, circuses, menageries, horse-dealers or any other business, company or agency enumerated in Schedule “B” of chapter 247 of the Public Laws of 1903, or which may hereafter be the subject of taxation by the State law, when not exempt from a license or privilege tax by Towns, a tax equal to the amount imposed by the State law for the use of the State. (Pr. Laws 1905, C. 26, Sec. 27; Am. Ord. 2017-006, adopted 5-15-17)
Taxes for the Town purposes shall be levied on real and personal property, and all other objects of taxation shall be taxed as provided in the State Constitution. (Pr. Laws 1905, C. 26, Sec. 28)
The Town Council shall have power to grade, macadamize and pave the streets and sidewalks, and to lay out, build and open new streets or widen those already open, and make the improvements thereon as the public convenience may require. That when any land or right-of-way may be required for the purpose of opening new streets or for widening those already open, or for other subjects allowed by this charter, and for want of agreement as to the value thereof the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by three freeholders of the town to be chosen by the Council members of the Town, after giving ten days' notice to the land-owner in writing; and in making the valuation the freeholders, after being duly sworn by the Mayor or other officer authorized to administer oaths, shall take into consideration the loss or damage which may accrue to the owner in consequence of the land or right-of- way being surrendered; also any benefit or advantage the owner may receive from the opening or widening of the streets or other improvement, and ascertain the sum which shall be paid to the owner of the property, or, if the benefits shall be greater than the damage to the property owner, shall report the amount of benefits to the property owner and report the same to the Town Council, and under their hands and seals, which report, on being confirmed by the Council and spread upon their minutes, shall have the effect of a judgement against the Town Council or land-owner, as the case may be, and shall pass the title to the Town Council in their corporate capacity of the land so taken; and in the case of the improvement being declared a benefit to the land- owner by the appraisers, as above provided, shall be a lien on the land of the owner for the amount of the sum so declared: Provided, that if any person over whose land the street may pass or improvement be erected, or the Council members, be dissatisfied with the value thus made, then in that case either party may appeal to the next Superior Court of Macon County, where the issues may be tried as appeals are from the Commissioners' court: Provided, however, that the appeal shall not hinder or delay the Council members opening or widening the street or erecting the improvement. The Town Council shall further have power to cause the sidewalks to be curbed and paved, or repaired when deemed necessary: Provided always, that the owner before whose lot the curbing or paving may have been ordered shall have 30 days' notice, in writing, of the order of the Council. (Pr. Laws 1905, C. 26, Sec. 29; Am. Ord. 2017-006, adopted 5-15-17)
Whenever the Town Council of the Town of Franklin shall order any street or sidewalk to be opened, graded, macadamized, paved or otherwise constructed, repaired or improved, the Town Council shall have the power to assess any portion, not exceeding one-half, of the cost of the opening, grading, macadamizing, paving, construction, repairs or improvements against the property owners benefited by proposing opening, grading, macadamizing, paving, construction, repairs or improvements. To the end that the provisions of this section may be carried into effect the Town Council shall have the power to declare the area within the town as may be directly benefited by the proposed opening, grading, macadamizing, paving, construction, repairs or improvements, a taxing district and the cost of the proposed improvements assessed against the property owners shall be a lien upon the lands of the several property owners lying within the area to the extent and in the manner following:
The Town Council having declared the taxing district and fixed its boundaries and having ordered the proposed improvements and fixed the proportion to be assessed against the property owners benefited, shall appoint a jury of three disinterested freeholders of the Town, who shall go upon the property embraced in the taxing district, after 30 days notice in writing to the respective owners of the property, and assess against the owner of each individual piece of property within the district the proportion of the cost to be paid by him, and the same shall be a lien upon all property of the property owner lying with said taxing district. It shall be a lien upon all property of the property owner lying with the taxing district. It immediately adjacent or contiguous to the street or sidewalk so ordered to be opened, graded, macadamized, paved, constructed, repaired or improved, but it shall be sufficient that the property be included in the taxing district so declared and established by the Town Council. But the Town Council shall only include in the taxing district the property as is directly benefited by the proposed improvement. The jury so appointed shall make their report in writing to the Town Council under their hands and seals, which report shall be subject to review or amendment by the Town Council, and on being confirmed by the Council and spread upon their minutes, shall have the effect of a judgment against the respective landowners and be a lien upon the lands of the owners for the amounts so declared: Provided, that any party aggrieved by the action of the Town Council upon the report shall have the right of appeal to the Superior Court of Macon County. (Pr. Laws 1920 E.S., C.6; Am. Ord. 2017-006, adopted 5-15-17)
The Town Council shall have power to regulate the manner and terms on which bodies may be interred in the cemeteries in the Town, and have the cemeteries kept in due order and repair, and they shall have power to purchase, when they deem it necessary, a piece of land within or beyond the limits of the Town for the purpose of a public cemetery. They also have power to forbid any and all interments of dead bodies within the limits of the Town whenever they may deem it expedient. (Pr. Laws 1905, C. 26, Sec. 30; Am. Ord. 2017-006, adopted 5-15-17)
The Town Council of the Town may have power to establish fire limits within the Town, within which limits it shall not be lawful for any person to erect or build any wooden house, make any wooden additions to any house or cover any building other than with metal or slate without first obtaining a building permit from the Council, under the penalties as the Council may establish, and penalties may be sued for and recovered against the owner of the property in any court having jurisdiction. (Pr. Laws. 1905, C. 26, Sec. 31; Am. Ord. 2017-006, adopted 5-15-17)
The Town Council shall have power to prohibit or control the firing of firearms, firecrackers, torpedoes and other explosives, and to control the sale and manner in which the same may be kept in the Town; the pace and speed at which horses may be driven or ridden in the Town; the arrangement of all stovepipes and flues in buildings; the manner in which powder and other explosives and inflammable materials may be kept and sold; the manner in which dogs, hogs and other stock may be kept, and prevent them from running at large in the Town; to cause all alleys, lots, cellars, privies, stables and other places of like character to be examined by a sanitary officer to be appointed for that purpose. It shall be their duty, on complaint, to cause by their order the sanitary officer to have the places cleaned and the nuisance abated, and the sanitary officer or other person appointed by the Council or charged with that duty shall have authority to enter the premises described to be in bad order and inspect and have the same cleaned; and the expense of having the same cleaned and of abating the nuisance shall be recovered from the owner by action of debt in any court having jurisdiction: Provided, the owner or occupier refuses to abate the nuisance after notice given by the sanitary officer. (Pr. Laws 1905, C 26, Sec. 32; Am. Ord. 2017-006, adopted 5-15-17)
The Town Council shall have power and it shall be their duty to prohibit all trades or occupations which are a nuisance from being carried on in their Town, and the power and authority of the Council for the abatement of nuisances shall extend ½ mile from the town limits. They shall have power and it shall be their duty to cause all ponds, sunken lots and other places where filth accumulates to be drained and filled up, and to declare all houses which have become decayed and dilapidated or in an unsanitary condition, or that are dangerous to life and limb from their dilapidated condition, a nuisance, and have them repaired or torn down, and to recover of the owner or occupier of the premises, as above, the expenses incurred in the removal or repairing of the house or the abating of the nuisance, which expenses shall be a lien on the lot: Provided, the owner or occupier of the lot, after ten days' notice, shall neglect or refuse to remove, repair or abate the nuisance. They shall have authority to cause all nuisances arising from any cause whatever within and for ½ mile without the Town limits to be removed or abated, and for the removal or abating any nuisance the person creating the same shall pay the same as above required. (Pr. Laws. 1905, C. 26, Sec. 33; Am. Ord. 2017-006, adopted 5-15-17)
The Council shall have power to regulate the manner in which provisions and all other articles shall be sold in the streets and markets of the Town, and to regulate the manner in which the streets, markets, squares and sidewalks in the Town may be used and kept. (Pr. Laws 1905, C. 26, Sec. 34; Am. Ord. 2017-006, adopted 5-15-17)
All fines and penalties imposed by this act, or which are or may be imposed by the ordinances of the Town or the laws of the State shall be paid to the Town Treasurer for the benefit of the town. That for the violation of any ordinance or bylaw made by the Town Council they may prescribe penalties not exceeding $50 for each offense; and when judgment shall be given for any penalty the defendant may, unless the penalty and costs be paid, be tried for a misdemeanor and committed to the County jail for 30 days or fined $50, in the discretion of the court, unless payment of the penalty and costs be made. (Pr. Laws 1905, C. 26, Sec. 35; Am. Ord. 2017-006, adopted 5-15-17)
All penalties imposed by law relating to the Town and all imposed by this act or the ordinances of the Town shall be recoverable in the name of “The Town of Franklin” before the tribunal having jurisdiction thereof. (Pr. Laws 1905, C.26, Sec. 36)
The Council members may each be allowed a salary not exceeding two dollars $2 per day for the time actually employed in the service of the city, and the salary of no officer appointed or elected shall be increased or diminished during the time for which he was elected. (Pr. Laws 1905, C. 26, Sec. 37; Am. Ord. 2017-006, adopted 5-15-17)
G.S. § 160A-64 authorizes the Council to establish and alter their own compensation
Any person or persons violating any of the ordinances of the Town shall be guilty of a misdemeanor and subject to the provisions of the Code relative to “Towns.” (Pr. Laws 1905, C. 26, Sec. 38)
Violations of municipal ordinances, G.S. § 14-4
RELATED LOCAL LAWS
PRIVATE LAWS 1927
Section 1. Desecration prohibited; use of lot.
Section 2. Violation; penalty.
Section 1. Desecration prohibited; use of lot.
It shall be unlawful for any person, firm or corporation to desecrate or use in any way except as a memorial to the Confederate soldiers of Macon County the lot in the Town of Franklin which has been set aside and designated as the Confederate memorial lot, the lot being enclosed by an iron railing, and on which is erected the monument of the Confederate dead.
Section 2. Violation; penalty.
Any person, firm or corporation violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $50 or imprisoned not less than 30 days, within the discretion of the court.
PRIVATE LAWS 1929
Use of Power Plant Proceeds
Section 1. Purpose of expenditures.
Section 2. Division of expenditures authorized.
Section 1. Purpose of expenditures.
It shall be unlawful for the Town Council of the Town of Franklin, in Macon County, to use the $26,000, now in the hands of its Treasurer, and arising from the sale of its municipal power plant, to pay off and discharge any notes or other debts of the Town of Franklin now outstanding, whether due or hereafter to become due, to build, construct, hard-surface or improve any street or streets of the Town, to build or construct sidewalks, to build or construct any waterworks or any other improvements in the Town for the general use of the citizens of the Town.
Section 2. Division of expenditures authorized.
The Town Council of the Town of Franklin be and they are hereby authorized, directed and empowered to use any part or all of the $26,000 for the purpose of any one or all of the purposes set out in section one of this act.
SESSION LAWS 1947
Qualifications of officers
Section 1. Exemption from law.
Section 1. Exemption from law.
The provisions of Chapter 160-25 of the General Statutes of 1943, requiring mayors, commis sioners, intendants of police, aldermen or other chief officers of any city or town to be qualified voters therein, shall not apply to the Town Police Chief, Town Clerk, Town Fire Chief, police officers or other officers or employees of the Town of Franklin except that the Mayor and the members of the Town Council shall be qualified voters of the municipality.