CHARTER
THE CHARTER OF THE TOWN OF HARRISBURG.
ARTICLE 1.  INCORPORATION AND CORPORATION POWERS.
Section 1.1.  Incorporation and General Powers.
   The inhabitants of the area described in Section 2 of this Charter shall be and constitute a body politic and corporate under the name of the 'Town of Harrisburg', and shall be vested with all property which may be acquired by the Town, and all rights herein delegated to it; 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 to, dedicated to, 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.
Sec. 1.2.  Exercise of Powers.
   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 Town Council and as provided by the general laws of North Carolina pertaining to municipal corporations.
Sec. 1.3.  Enumerated Powers Not Exclusive.
   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 Harrisburg 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. 
ARTICLE II.  CORPORATE BOUNDARIES
Sec. 2.1.  Corporate Boundaries.
   The corporate boundaries of the town of Harrisburg shall be 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 municipal boundaries, shall be maintained permanently in the Planning Department and shall be available for public inspection. Upon alteration of the corporate limits pursuant to the law, the appropriate changes to the official map shall be made and copies shall be filed in the office of the Secretary of State, the Cabarrus County Register of Deeds and the Cabarrus County Board of Elections.
(Am. Ord., passed 7-13-15)
Sec. 2.2.  Extension of Corporate Boundaries.
   All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina and any applicable local legislation.
(Am. Ord., passed 7-13-15)
ARTICLE III.  MAYOR AND TOWN COUNCIL.
Sec.  3.1 Town Governing Body.
   The Town Council, hereinafter referred to as the 'Council', and the Mayor shall be the governing body of the Town.
(Am. Ord., passed 7-13-15)
Sec. 3.2.  Mayor and Mayor Pro Tempore.
   The Mayor shall be elected by and from qualified voters of the Town voting at large and he shall hold office for four (4) years, with the election dates for Mayor to be staggered with those of members of the Town Council as specified in Sec. 3.4. In the case of a vacancy in the office of Mayor, the Town Council shall by appointment fill the vacancy for the unexpired term.  The Mayor shall be the official head of the Town government and shall preside at all meetings of the Town Council.  When there is an equal division upon any question, or in the appointment of officers, by the Council, the Mayor shall determine the matter by his vote, and 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 Town Council shall choose one of its number 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 Council.
(Res., passed 3-12-01)
Sec. 3.3.  Composition and Terms of Office of Town Council.
   The Town Council shall consist of seven (7) members to be elected by and from the qualified votes of the Town voting at large in the manner provided by Article IV, for staggered terms of four years or until their successors are elected and qualified.
(Am. Ord., passed 7-13-15)
Sec. 3.4.  Qualifications; Vacancies.
   (a)   The Mayor and Council members so elected shall serve from the day and hour of the organizational meeting following their election until their successors are elected and qualify.
   (b)   No person shall be eligible to be a candidate or be elected as a member of the Town Council, or to serve in such capacity, unless he is a resident and a qualified voter of the Town.
   (c)   If any elected Councilman shall refuse to qualify, or if there shall be any vacancy in the office of councilman after election and qualification, the remaining members of the council shall by majority vote appoint some qualified person to serve for the unexpired term.  Any Councilman so appointed shall have the same authority and powers as if regularly elected.
(Res., passed 3-12-01 Am. Ord., passed 7-13-15)
Sec. 3.5.  Compensation of Mayor and Councilmen.
   The Town Council may fix its owner compensation and allowances, and the compensation and allowances of the Mayor, in such sums as may be just and reasonable, effective following the next regular municipal election for seats on the Town Council.  The compensation and allowances of the Mayor shall not be reduced during the then current term of office.
Sec. 3.6.  Organization of Council; Oaths of Office.
   The Town Council shall meet and organize for the transaction of business at the first regularly scheduled meeting of the Council following each biennial election.  Before entering upon their offices, the Mayor and each Councilman shall take, subscribe, and have entered upon the minutes of the Council the following oath of office:  'I,                   , do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the  United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as       ; so help me, God.'
Sec. 3.7.  Meetings of Council.
   (a)   The Town Council shall fix by ordinance suitable times for its regular meetings, which shall be as often as once monthly.  Special meetings may be held on the call of the Mayor or a majority of the Councilmen, and those not joining in the call shall be notified in writing.  Any business may be transacted at a special meeting that might be transacted at a regular meeting.
   (b)   All meetings of the Council shall be open to the public. The Council shall not by executive session or otherwise formally consider or vote on any question in private session. The Council may deliberate and vote in private session on matters pertaining to personnel or property acquisition.
(Am. Ord., passed 7-13-15)
Sec. 3.8.  Quorum; Votes.
   (a)   A majority of the members elected to the Town Council shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.  The number required for a quorum shall not be affected by vacancies.
   (b)   The affirmative vote of a majority of the members of the Town Council shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance.
Sec. 3.9.  Ordinances and Resolutions.
   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 ayes and noes shall be taken upon all ordinances and resolutions and entered upon the minutes of the Council.  The enacting clause of all ordinances shall be:  'BE IT ORDAINED by the Town Council of the Town of Harrisburg.'  All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein, or unless some provision of the General Statutes provides otherwise.
ARTICLE IV.  ELECTION PROCEDURE.
Sec. 4.1.  Regular Municipal Elections.
   Regular municipal elections shall be held on the Tuesday after the first Monday in November of each odd-numbered year, beginning in 1973. Council members shall be elected on a nonpartisan basis and the results determined by plurality, as approved in North Carolina General Statutes.
(Am. Ord., passed 7-13-15)
Sec. 4.2.  Regulation of Elections.
   All municipal elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise herein provided.
ARTICLE V.  TOWN ATTORNEY.
Sec. 5.1.  Appointment; Qualification; Terms; Compensation.
   The Town Council may appoint a Town Attorney who shall be an attorney- at-law licensed to engage in the practice of law in North Carolina and who need not be a resident of the Town during his tenure.  The Town Attorney shall serve at the pleasure of the Town Council and shall receive such compensation as the Council shall determine.
Sec. 5.2.  Duties of the Town Attorney.
   It shall be the duty of the Town Attorney to prosecute and defend suits for and against the Town; to advise the Mayor, Town Council, and other Town officials with respect to the affairs of the Town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; and to perform such other duties as may be required of him by virtue of his position as Town Attorney.
ARTICLE VI.  ADMINISTRATIVE OFFICERS AND EMPLOYEES.
Sec. 6.1.  Form of Government.
   The Town shall operate under the council-manager form of government in accordance with Part 2 of Article 7 of Chapter 160A of the General Statutes.
(Am. Ord., passed 7-13-15)
Sec. 6.2.  Town Manager; Appointment; Power and Duties.
   The Council shall appoint a Town Manager who shall be responsible for the administration of all departments of the Town government. The Town Manager shall have all the powers and duties conferred by general law, except as expressly limited by the provision of this Charter, and the additional powers and duties conferred by the Council, so far as authorized by general law.
(Am. Ord., passed 7-13-15)
Sec. 6.3.  Town Clerk.
   The Town Council shall appoint a Town Clerk to keep a journal of the proceedings of the Council 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 Council may direct.
(Am. Ord., passed 7-13-15)
Sec. 6.4.  Town Tax Collector.
   The Town Council shall appoint a Tax Collector to collect all taxes, licenses, fees and other monies 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.
(Am. Ord., passed 7-13-15)
Sec. 6.5.  Town Finance Officer.
   The Town Council may appoint a Town Finance Officer to perform the duties of the Finance Officer as required by the Local Government Budget and Fiscal Control Act.
(Am. Ord., passed 7-13-15)
Sec. 6.6.  Consolidation of Functions.
   The Town Council may, in its discretion, consolidate the functions of any two or more of the positions of Town Clerk, Town Tax Collector, and Town Finance Officer, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions.  The Town Council may also, in its discretion, designate a single employee to perform all or any part of the functions of any of the named positions, in lieu of appointing several persons to perform the same.
(Am. Ord., passed 7-13-15)
Sec. 6.7.  Other Employees.
   The Town Council may authorize other positions to be filled by appointment by the Town Manager, and may organize the Town government as deemed appropriate, subject to the requirements of general law.
(Am. Ord., passed 7-13-15)
ARTICLE VII.  FINANCE.
Sec. 7.1.  Custody of Town Money.
   All monies received by the Town and in connection with the business of the Town government shall be paid promptly into the Town depository.  Such institution shall be designated by the Town Council 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 Statues of North Carolina.  All interest on monies belonging to the Town shall accrue to the benefit of the Town.  All monies belonging to the Town shall be disbursed only in accordance with the provisions of the Local Government Budget and Fiscal Control Act.
Sec. 7.2.  Issuance of Bonds.
   The Town may issue bonds for the purposes and in the manner prescribed by the General Statues of North Carolina relating to the issuance of bonds by municipalities.
Sec. 7.3.  Purchases and Contracts.
   Purchases of apparatus, supplies, materials, and equipment, and contracts for construction or repair work, shall be made in accordance with the General Statues of North Carolina relating thereto.
Sec. 7.4.  Independent Audit.
   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 an accountant certified by the Local Government Commission, who shall have no personal interest directly or indirectly in the affairs of the Town or of any of its officers.  The Town Budget shall be made available for inspection by any interested citizen of the Town, and may be published if so ordered by the Town Council.
Sec. 7.5.  Taxation.
   The territory within the corporate limits, and its citizens and property, shall be subject to municipal taxes levied by the Town for the fiscal year 1973-74 and subsequent years.  The Town may obtain from Cabarrus County, and the Cabarrus County Tax Supervisor shall provide upon request, a record of property within the corporate limits which was listed for taxation as of January 1, 1973.