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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)
Statutory references:
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)
Statutory references:
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)
Statutory reference:
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)
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