CHARTER
Article I. Incorporation, Corporate Powers and Boundaries
   1.1   Incorporation
   
   1.3   Corporate limits
Article II. Mayor and Council
   2.1   Governing body
   2.2   Mayor; term of office; duties
   2.3   Town Council; term of office
   2.4   Mayor Pro Tempore
   2.5   Meetings of the Council
Article III. Elections
   3.1   Regular municipal elections; conduct
   3.2   Election of the Mayor
   3.3   Election of Council members
Article IV. Organization and Administration
   4.1   Form of government
   4.2   Town Manager
   4.3   Town Attorney
   4.4   Town Clerk
   4.5   Town Finance Officer
   4.6   Town Tax Collector
   4.7   Consolidation of functions
   4.8   Other administrative officers and employees
Article V. Public Improvements
   5.1   Power of eminent domain
Article VI. Special Provisions
   6.1   Alcoholic beverage control
Section 10: City automobile license tax
1981 SESSION LAWS, C. 370
CHAPTER 370
HOUSE BILL 716
   AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF JAMESTOWN AND TO REPEAL PRIOR LOCAL ACTS.
   The General Assembly of North Carolina enacts:
Section 1.   The Charter of the Town of Jamestown is hereby revised and consolidated to read as follows:
THE CHARTER OF THE TOWN OF JAMESTOWN.
ARTICLE I. INCORPORATION, CORPORATE POWERS AND BOUNDARIES.
Section 1.1.  Incorporation.
   The Town of Jamestown, North Carolina in the County of Guilford and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the Town of Jamestown, hereinafter at times referred to as the ‘Town’.
Section 1.2.  Powers.
   The Town of Jamestown shall have and may exercise all of the powers, duties, rights, privileges and immunities which are now or hereafter may be conferred, either expressly or by implication, upon the Town of Jamestown specifically or upon municipal corporations generally by this Charter, by the State Constitution, or by general or local law.
Section 1.3.  Corporate Limits.
   The corporate limits of the Town shall be those existing at the time of ratification of this Charter, as the same are set forth on the official map of the Town, and as the same may be altered from time to time in accordance with law. An official map of the Town, showing the current Town boundaries, shall be maintained permanently in the office of the Town Clerk, and shall be available for public inspection. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map of the Town shall be made.
ARTICLE II. MAYOR AND TOWN COUNCIL.
Section 2.1.  Governing Body.
   The Mayor and Town Council, elected and constituted as herein set forth, shall be the governing body of the Town. On behalf of the Town, and in conformity with applicable laws, the Mayor and Council may provide for the exercise of all municipal powers, and shall be charged with the general government of the Town.
Section 2.2.  Mayor; Term of Office; Duties.
   The Mayor shall elected by and from the qualified voters of the Town for a term of two years, in the manner provided by Article III of this Charter; provided, the Mayor shall serve until his successor is elected and qualified. The Mayor shall be the official head of the Town government, shall preside at all meetings of the Town Council, and shall have the powers and duties of Mayor as prescribed by this Charter and the General Statutes. The Mayor shall have the right to vote on matters before the Council only where there are equal number votes in the affirmative and in the negative.
Section 2.3.  Town Council; Terms of Office.
   The Town Council shall be composed of four members, each of whom shall be elected for terms of two years, in the manner provided by Article III of this Charter; provided Council members shall serve until their successors are elected and qualified.
Section 2.4.  Mayor Pro Tempore.
   In accordance with applicable State laws, the Town Council shall appoint one of its members to act as Mayor pro tempore to 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.
Section 2.5.  Meetings of the Council.
   In accordance with applicable State laws, the Council shall establish a suitable time and place for its regular meetings. Special meetings may be held according to applicable provisions of the General Statutes.
ARTICLE III. ELECTIONS.
Section 3.1.  Regular Municipal Elections; Conduct.
   Regular municipal elections shall be held in the Town every two years in odd-numbered years, and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The Mayor and members of the Council shall be elected according to the nonpartisan primary and election method as specified in G.S. 163-294.
Section 3.2.  Election of the Mayor.
   At the regular municipal election in 1981, and every two years thereafter, there shall be elected a Mayor to serve a term of two years. The Mayor shall be elected by the qualified voters of the Town voting at large.
Section 3.3.  Election of Council Members.
   At the regular municipal election in 1981, and every two years thereafter, there shall be elected four council members to serve terms of two years. The Council members shall be elected by the qualified voters of the Town voting at large.
ARTICLE IV. ORGANIZATION AND ADMINISTRATION.
Section 4.1.  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.
Section 4.2.  Town Manager.
   The Town Council shall appoint a Town Manager who shall be the administrative head of the Town government, and who shall be responsible to the Council for the proper administration of the affairs of the Town. The Town Manager shall hold office at the pleasure of the Town Council, and shall receive such compensation as the Council shall determine.
Section 4.3.  Town Attorney.
   The Town Council shall appoint a Town Attorney who shall be licensed to engage in the practice of law in the State of North Carolina. It shall be the duty of the Town Attorney to prosecute and defend suite against the Town; to advise the Mayor, Town Council and other Town officials with respect to the affairs of the Town; to draft all legal documents relating to the affairs of the Town; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; to attend meetings of the Town Council; and to perform other duties required by law or as the Council may direct.
Section 4.4.  Town Clerk.
   The Town Manager shall appoint a Town Clerk to keep a journal of the proceedings of the Council, 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.
Section 4.5.  Town Finance Officer.
   The Town Manager shall appoint a Finance Officer to perform the duties of the Finance Officer as required by the Local Government Budget and Fiscal Control Act.
Section 4.6.  Town Tax Collector.
   The Town Council shall appoint a Tax Collector to collect all taxes, licenses, fees and other revenues accruing to the Town, subject to the General Statutes, the provisions of the Charter and the ordinances of the Town. The Tax Collector shall diligently comply with and enforce all the laws of North Caolina relating to the collection of taxes and other revenues by municipalities.
Section 4.7.  Consolidation of Functions.
   The Town Council may provide for the consolidation of any two or more positions of Town Manager, Town Clerk, Tax Collector and 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, subject to the Local Government Budget and Fiscal Control Act.
Section 4.8.  Other Administrative Officers and Employees.
   Consistent with applicable State laws, the Manager and Town Council may establish other positions, provide for the appointment of other administrative officers and employees, and generally organize the Town government in order to promote the orderly and efficient administration of the affairs of the Town.
ARTICLE V. PUBLIC IMPROVEMENTS.
Section 5.1.  Power of Eminent Domain.
   1.   Condemnation Procedures; Interest Acquired. The Town of Jamestown shall possess the power of eminent domain, and may acquire, either by purchase or condemnation, any land, right of access, right of way, water right, privilege, easement, or any other interest in or relating to land or water, either within or beyond the town limits, including and limited to a right of way in and across lands owned or held as right of way by a railroad or other public utility company (provided that the operation of such railroad or other public utility company may not be impaired unreasonably thereby), for any lawful public use or purpose. Unless otherwise expressly provided in the condemnation regulation, a fee simple title shall pass to the town upon the condemnation of any such interest. In any case where the owner of land to be condemned or of any interest therein is a minor, an insane person, or otherwise under any disability, any notice hereinafter required by this Article to be served upon such owner shall be served upon his guardian, and service upon such guardian shall be sufficient without service on the minor, insane person, or person under disability. Thereafter such guardian may exercise on behalf of his ward with respect to such condemnation proceeding all the powers conferred upon such person as owner. Water rights or other interests relating to water may be condemned under the procedure set forth in this Article for the condemnation of land and interests therein.
   2.   Effort to Purchase Not Required. It shall not be necessary to the condemnation by the town of any land or interest therein, whether pursuant to this Article or otherwise, that the town shall have attempted to acquire the needed land by grant or purchase prior to the commencement of condemnation proceedings.
   3.   Resolution Proposing Condemnation.
      (a)   When any land required by the town for any purpose allowed by this Charter or the general law of the State is proposed to be condemned under the specific provisions of this Charter, the town council shall adopt a resolution which shall contain substantially the following provisions:
         (1)   A description of the land proposed to be condemned in fee, or the interest or easement proposed to be condemned;
         (2)   If there is any building or other property situated wholly or partly upon the land to be condemned, the determination of the town council as to whether the owner shall be allowed to remove such property or whether the same shall be condemned;
         (3)   A statement of the purpose for which said land or easement is proposed to be condemned;
         (4)   The name and address of the owner or owners of said land and of any other person or persons interested therein whom it is necessary to make a party of the proceedings;
         (5)   The name of a disinterested freeholder of the town appointed as appraiser by the town council;
         (6)   A notice that the owner or owners of said land, or interest therein, or a majority in interest of said owners, may, within five days after service of said resolution upon all of them, appoint one appraiser (who shall be a disinterested freeholder of the town), to represent them, the name of which appraiser shall be reported in writing to the town clerk within said five days;
         (7)   A notice that the appraiser appointed by the town and the appraiser appointed by the owner or owners, or if the owner or owners fail to appoint, then the two appraisers appointed by the town, shall appoint a third appraiser, and that the three thus appointed shall consitute a board of appraisers, whose duty it sahll be to determine the damages and benefits which will result from the condemnation of said land and easement or interest therein;
         (8)   A notice of the time fixed for the first meeting of the appraisers, and that said meeting will be held upon the premises to be condemned.
      (b)   It shall not be necessary to institute separate condemnation proceedings against the several owners of tracts or parcels of land affected by proposed local improvements.
   4.   Service of Resolution Proposing Condemnation. A copy of the resolution proposing condemnation shall be personally served upon each of the owners of the land proposed to be condemned; provided, that if the resolution cannot be personally served upon any of the owners, then it may be served by publication once a week for two successive weeks in some newspaper published in the town which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the town.
   5.   Failure of Owners to Appoint Appraiser. If within five days after service of the resolution upon all of the owners, they or a majority in interest of them fail to appoint an appraiser and to report his name to the town clerk, the town council shall appoint a disinterested freeholder of the town to represent them.
   6.   Appointment of Third Appraiser; Oath. The appraiser appointed by the town council, and the appraiser appointed by the owner or owners, or if the owner or owners fail to appoint, then the two appraisers appointed by the town council, shall appoint a third appraiser, who shall be a disinterested freeholder of the town, and shall report his name to the town clerk. Each appraiser shall take an oath or affirmation that he will  fairly and impartially discharge his duties as an appraiser.
   7.   First Meeting of Appraisers. At the time fixed by the resolution of condemnation, the appraisers shall meet on the premises proposed to be condemned. If for any reason a meeting cannot be held at the time fixed by the town council, then a meeting shall be held at another time fixed by the appraisers, in which case notice of the time and place of the meeting shall be personally served upon each of the owners of the land or easement proposed to be condemned, or if the notice cannot be personally served, it may be served by publication once a week for two successive weeks in some newspaper published in the town which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the town. The notice, whether given personally, by publication, or by positing, shall be served not less than five days prior to the date of the hearing. At the first meeting the appraisers shall view the premises affected by the proposed condemnation; and shall hear, but need not reduce to writing, any evidence as to damages and benefits that will result from the proposed condemnation presented by the owners or by the town. The appraisers may make their report at or after the hearing or they may, in their discretion, hold subsequent meetings.
   8.   Subsequent Meetings; When Notice Required. Subsequent meetings of the appraisers shall be held at such times and places as may be determined by them. Of such meetings no notice need be given either to the owners or to the town unless such meetings are to be public and for the purpose of hearing evidence. If held for such purpose, then unless such meeting is held at a time and place to which a former meeting of which the parties had lawful notice was adjourned, notice of the meeting shall be personally served upon all the parties, or, if such notice cannot be personally served, it may be served by publication once a week for two successive weeks in a newspaper published in the town which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the town. The notice shall be served or publication or posting thereof completed not less than five days prior to the time fixed for the meeting.
   9.   Determination of Damages and Benefits; Report. In determining the compensation to be paid by the town for the land or easement condemned, the appraisers shall taken into consideration both the loss or damage which will result to the owners from the condemnation of the land or easement and the benefits that will result to any remainder of such land from the improvement for which the land or easement is to be condemned, the benefits to include both benefits or advantages special to the land the benefits or advantages to the land in common with other lands affected by the improvement. The appraisers shall also take into consideration the value of any building or other property situated on the land proposed to be condemned if the owner is to be allowed to remove the building or other property, and the value thereof shall not be included in the compensation award. Having determined damages and benefits, the appraisers shall make their report to the town council, in which report the appraisers shall show separately the amount of damages, the amount of benefits, and the amount which shall be paid by the town if it finally condemns the land or easement. In the event the property condemned is subject to a recorded lease or leases, the appraisers shall apportion the award between or among the person or persons owning the fee or fees and the person or persons owning the leasehold interest or interests, but in no event shall the total of the amounts so apportioned exceed the value of the property were it not subject to a recorded lease or leases. The report shall be sufficient if it is concurred in by two or three appraisers. In the event that no two of the three appraisers can agree upon an appraisal, three new appraisers may be appointed in the same manner as the original appraisers, and the new appraisal board shall follow the same procedure as required of the original appraisal board.
   10.   Action of Council on Report. Within thirty days after the report of the appraisers is submitted to the town council, the council shall determine what action it will take thereon. If the council determines to abandon the proposed condemnation, it shall adopt a resolution to that effect; but the abandonment of the condemnation shall not prevent the town council from thereafter instituting a proceeding to condemn the same land or easement. If the council determines to condemn the land or easement, it shall adopt a resolution which shall contain substantially the following:
      (1)   A recital that a board of appraisers has been appointed to determine the compensation to be paid for the land or easement, as provided by this Charter, and that the appraisers have submitted their report to the council;
      (2)   A statement of the amount of damages and benefits as fixed by the appraisers and of the compensation to be paid by the town for the land or easement condemned as fixed by the appraisers;
      (3)   The determination of the council as to the condemnation of the land or easement;
      (4)   A description of the land condemned in fee or of the easement condemned;
      (5)   A statement of the purpose for which the land or easement is condemned;
      (6)   The name of the owner or owners of the land and of other persons  interested therein who were made parties  to the proceeding;
      (7)   The determination of the council as to the time when the town will take possession of the land or easement condemned, and a direction that such premises shall be vacated by such time, and in case the owner is allowed to remove any building or part thereof or any other property on the premises, a direction that such property shall be removed before said date and that if the owner fails to remove the same within said time, the council will have the same removed and the cost thereof shall be a lien upon the remainder of the property.
   11.   Vesting of Title in Town. The adoption of the town council of a final resolution of condemnation, as provided in the preceding Section shall have the effect of a judgment against the Town of Jamestown for the amount of compensation fixed by the appraisers and shall vest in the town title to the land or easement condemned.
   12.   Appeal to Superior Court. If upon the adoption by the town council of a final resolution of condemnation, either the owner of the land or easement condemned or the town council itself is dissatisfied with the amount of the compensation to be paid for such land or easement as fixed by the appraisers, such owner or the town or both may, within ten days from the date of adoption of such resolution, appeal to the Superior Court of Guilford County. The party or parties appealing shall, within ten days, give notice of appeal to the other party by personal service if practicable and, if not, by publication of a notice one time in a newspaper published in the town which is qualified to carry legal notices. The appear or appeals shall not interfere with the vesting in the town of the title to the land or easement condemned or hinder the town in any way from proceeding with the improvements for which such land or easement was condemned, except that if the land or interest therein is owned by another public or quasi-public body, or by a railroad or public utility company, the vesting of title in the town shall not become effective until the court has rendered final judgment on the question of whether the condemnatio by the town is in the public interest, and has determined the amount of compensation to be awarded for the condemnation, in which case the court may, in its discretion, reduce the amount of land or interest therein which it shall allow to be condemned.
   13.   Record upon Appeal. Upon an appeal taken by either party, the town clerk shall certify a copy of the record in the condemnation proceeding to the Superior Court of Guilford County, and such appeal shall be  tried as  other actions  of law. The record upon appeal  shall be composed of the preliminary resolution of condemnation, the oath of appraisers, the report of appraisers, the final resolution of condemnation, and the notice or notices of appeal. The record upon appeal, or any part thereof shall be competent as evidence upon the trial of an appeal.
   14.   Condemnation before Determination of Compensation. When, in the judgment of the town council, the public interest requires that the town enter into immediate possession of any land, it shall adopt a resolution stating such necessity and the reason therefor, and condemning the required land or easement, and providing for the determination of the compensation to be paid by the town for the land or easement. The procedure therefor with respect to determination of such compensation shall follow as closely as practicable the provisions of this Article, or of the provisions of general law concerning “Eminent Domain”. This Section shall not apply to land, or interests therein, owned by another public or quasi-public body, or railroad or public utility company.
   15.   Registration of Condemnation Proceedings. In any case where any land or any easement therein has been or may hereafter be condemned by the town council, a copy of so much of the condemnation proceedings as may be necessary to show the land or easement therein condemned and the condemnation thereof shall be certified by the town clerk and the same, upon being probated by the Clerk of the Superior Court, or other person authorized by law to probate instruments for registration, shall be registered in the office of the Register of Deeds of Guilford County.
   16.   Sale or Other Disposition of Land Condemned. When any land condemned in fee by the town is no longer needed for the purpose for which it was condemned, the same may be used by the town for any other public purpose or may be sold or otherwise disposed of.
   17.   Removal by City of Structures on Condemned Land; Lien. When property upon which any building or other structure is wholly or partly located is condemned by the town under the provisions of this Charter or any other law, and the owner is allowed to remove such building or structure or part thereof, the town council may, after the report of the appraisers has been made, name the time within which the owner may remove the building or structure, or part thereof, and if the owner fails to remove the same within said time, the council may remove the same and the cost thereof shall be a lien upon the remainder of said land, or such cost may be recovered by the town in any court of competent jurisdiction.
   18.   Procedure Not Exclusive. The condemnation procedure set forth in this Article shall not be exclusive, but shall be in addition to any other procedure provided by law.
   19.   Procedure Not Applicable Outside of Guilford County. The condemnation procedure set forth in Article 2 of Chapter 40 of the General Statutes of North Carolina and not the procedure set forth in this Article shall be applicable to the exercise of the power of eminent domain by the town for the condemnation of any land, right of access, right of way, water right, privileges, easement, or any other interest in or relating to land or water which is or are located outside of the geographic boundaries of Guilford County.
(Ord. 1961-6-1, passed 6-14-1961)
Editor’s note:
   G.S. Ch. 18A was repealed in 1981. Local Alcoholic Beverage Control Boards are now authorized and empowered under G.S. §§ 18B-700 through 18B-706.
ARTICLE VI. SPECIAL PROVISIONS.
Section 6.1.  Alcoholic Beverage Control.
   (a)   The Town Council of the Town of Jamestown shall, upon a petition to said Council signed by at least fifteen percent (15%) of the registered and qualified voters of the Town of Jamestown, order an election to be held on the question of whether or not municipal liquor control stores may be operated in the Town of Jamestown, and if a majority of the votes cast in such election shall be for the operation of such stores, it shall be legal for a liquor control store or stores to be established and operated in the Town of Jamestown, but if a majority of the votes cast in said election shall be against the operation of liquor control store or stores, no such store or stores shall be established or operated in the Town of Jamestown under the provisions of this section.
   (b)   The Town Council of the Town of Jamestown may submit the question hereinabove mentioned and call a special election for the purpose of submitting said question on or after the 3rd day of June, 1961. In the event said special election is called the same shall be held and conducted on the date fixed by the Town Council of the Town of Jamestown. A new registration of voters for such election shall not be necessary, and all qualified voters who are properly registered prior to registration for the election and those who register in said liquor election shall be entitled to vote in said election. In said election a ballot shall be used upon which shall be printed on separate lines for each proposition, ‘For Town Liquor Control Stores’, ‘Against Town Liquor Control Stores’. Those favoring establishing and operating liquor stores in the Town of Jamestown shall mark in the voting square to the left of the words, ‘For Town Liquor Control Stores’, printed on the ballot and those opposed to town liquor control stores shall mark in the voting square to the left of the words, ‘Against Town Liquor Sontrol Stores’. Except as otherwise herein provided, if a special election is called, the special election authorized shall be conducted under the same statutes, rules and regulations applicable to general elections for the Town Council of the Town of Jamestown, and the cost thereof shall be paid from the General Fund of the Town of Jamestown.
   (c)   If a subsequent election shall be held and at such election a majority of the votes shall be cast Against Town Liquor Control Stores, the town liquor control board shall within three months from the canvassing of such votes and the declaration of the results thereof, close said stores and shall thereafter cease to operate the same, and within said three months the town liquor control board shall dispose of all alcoholic beverages on hand, all fixtures, and all other property in the hands and under the control of said board and convert the same into cash and turn the same over to the Town Clerk. Thereafter all Public, Public-Local and Private Laws applicable to the sale of intoxicating beverages within the Town of Jamestown in force and effect prior to the authorization to operate town liquor stores shall be in full force and effect the same as if such election had not been held and until and unless another election is held under the provisions of this section in which a- majority of the votes shall be cast ‘For Town Liquor Control Stores’. No election shall be called and held in the Town of Jamestown under the provisions of this section within two years from the holding of the last election thereunder. It shall be the duty of the Town Council of the Town of Jamestown to order the liquor election therein authorized within sixty (60) days after a petition signed by fifteen percent (15%) of the registered and qualified voters of the Town of Jamestown requesting the same has been presented and filed with the Town Clerk.
   (d)   If the operation of Town liquor control stores is authorized under the provisions of this section, the Town Council of the Town of Jamestown shall immediately create a Town Board of Alcoholic Control to be composed of a chairman and two other members who shall be well known for their good character, ability and business ability. Said board shall be known and designated as ‘The Town of Jamestown Board of Alcoholic Control’. The chairman of said board shall be designated by the Town Council of the Town of Jamestown and shall serve for his first term a period of three years. The other two members of the Board of Alcoholic Control shall be designated by the Town Council of the Town of Jamestown, and one member shall serve for his first term a period of two years, and the other member shall serve for his first term a period of one year; all terms shall begin with the date of appointment, and after the said term shall have expired, successors in office shall serve for a period of three years. Their successors shall be named by the Town Council of the Town of Jamestown. Any vacancy shall be filled by the Town Council for the unexpired term. Compensation of the members of said Town of Jamestown Board of Alcoholic Control shall be fixed by the Town Council of the Town of Jamestown.
   (e)   The said Town of Jamestown Board of Alcoholic Control shall have all of the powers and duties imposed by the General Statutes of North Caolina on county boards of alcoholic control and shall be subject to the powers and authority of the State Board of Alcoholic Control the same as county boards of alcoholic control as provided in the General Statutes of North Carolina, except that no liquor control store shall be located in any area zoned as ‘residential’ as of June 14, 1961. The said Town of Jamestown Board of Alcoholic Control, and the operation of any town liquor store or stores authorized under the provisions of this section shall be subject to and in pursuance of the provisions of Chapter 18A of the General Statutes of North Carolina except to the extent to which the same may be in conflict with the provisions of this section. In said Chapter 18A of the General Statutes, wherever the word ‘County’ board of alcoholic control appears, it shall be deemed to include the Town of Jamestown Board of Alcoholic Control. The Town of Jamestown Board of Alcoholic Control shall have authority to employ legal counsel and such other employee as it may deem wise and to fix their compensation. Any law enforcement officer appointed by said Town of Jamestown Board of Alcoholic Control shall have all of the powers provided for law enforcing officers as set forth in Chapter 18A of the General Statutes of North Carolina.
   (f)   Out of profit remaining after the payment of all cost, capital expenditures and operating expenses, the Town of Jamestown Board of Alcoholic Control shall expend a sum not less than five percent (5%) nor more than ten percent (10%) of such profit for law enforcement purposes, education as to the effects of the use of alcoholic beverages and for the rehabilitation of alcoholics. Said board shall also retain out of such profit a sufficient and proper working capital, the amount thereof to be determined by said board. Such profit as shall thereafter remain shall, at the end of each quarterly period following the established of liquor control store or stores, be paid out and distributed as follows:
      (1)   Thirty percent (30%) shall be allocated and distributed, upon the basis herein provided, to the General Funds of Guilford County and to the general funds of the municipal corporations, other than the Town of Jamestown, located in said county, until they shall establish liquor control stores or unless they shall have established liquor control stores. The amounts distributable to said county and to each of said municipal corporations shall be determined upon the basis of population therein as shown by the latest Federal decennial census; provided, however, the population of said county shall be the entire population of said county exclusive of the population of all of the municipal corporations located therein. Upon the establishing of liquor or alcoholic beverage control store or stores by any municipality located in Guilford County, and in the event any municipal corporation therein has established and in operation alcoholic beverage control stores at the time of the establishment of alcoholic control stores in the Town of Jamestown, other than the Town of Jamestown, the distributive share of such profits which would be payable to such city or. town during the period such stores are operated by any such city or town shall be paid by said Town of Jamestown Board of Alcoholic Control to the Town of Jamestown in the same manner and for the same purposes set forth in Subsection (2) of this section.
      (2)   Seventy percent (70%) shall be allocated and distributed to the Tax Collector of the Town of Jamestown and may be used by the Town of Jamestown in the operation of the water and sewer systems of the Town for debt service, for the general fund, or for any other public purpose.”
Editor's note:
   G.S. Ch. 18A was repealed in 1981. Local Alcoholic Beverage Control Boards are now authorized and empowered under G.S. §§ 18B-700 through 18B-706.
Section 2.   The purpose of this act is to revise the Charter of the Town of Jamestown 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 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, or in any manner 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 Jamestown;
   (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 purposes for which they were enacted, or having been consolidated into this act are hereby repealed:
   Chapter 109, Laws of 1816
   Chapter 142, Private Laws of 1828-29
   Chapter 214, Private Laws of North Carolina, 1858-1859
   Chapter 142, Private Laws of North Carolina, 1868-1869
   Chapter 1014, Public Laws of North Carolina 1907
   Chapter 44, Public-Local Laws, Extra Session 1913
   Chapter 700, Session Laws of 1947
   Chapter 144, Session Laws of 1953
   Chapter 847, Session Laws of 1953, as to the Town of Jamestown
   Chapter 792, Session Laws of 1961
   Chapter 821, Session Laws of 1961
   Chapter 776, 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:
   (1)   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.
   (2)   Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any provisions 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:
   (1)   The repeal herein of any act repealing such law; or
   (2)   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 Jamestown and all existing rules or regulations of departments or agencies of the Town of Jamestown, 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 Jamestown or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.
Section 8.   If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidility shall not affect other provisions or applications of this act which can by given effect without the invalid provision of application, and to this end the provisions of this act are declared to be severable.
Section 9.   Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statutes, or to the General Statute which most clearly corresponds to the statutory provision which is repealed or superseded.
Section 10.City Automobile License Tax.   G.S. 20-97(a) is amended by adding immediately after the words “Town of Stoneville” each time they appear the words, “Town of Jamestown”.
Section 11.   This act is effective upon ratification. In the General Assembly read three times and ratified, this the 12th day of May, 1981.
        JAMES C. GREEN 
      James C. Green, President of the Senate
        LISTON B. RAMSEY 
      Liston B. Ramsey, Speaker of the House of Representatives