CHARTER
Section
Article I. Incorporation and Corporate Powers
   1.1.   Incorporation and general powers
   1.2.   Exercise of powers
   1.3.   Enumerated powers not exclusive
Article II. Corporate Boundaries
   2.1.   Existing corporate boundaries
   2.2.   Extension of corporate boundaries
Article III. Mayor and Board of Alderpersons
   3.1.   Composition of board of alderpersons
   3.2.   Mayor and mayor pro tempore
   3.3.   Terms; qualifications; vacancies
   3.4.   Organization of board of alderpersons; oath of office
   3.5.   Meetings of board
   3.6.   Ordinances and resolutions
Article IV. Elections
   4.1.   Regular municipal elections
   4.2.   Other municipal elections
Article V. Town Attorney
   5.1.   Appointment; qualifications; terms; compensation
   5.2.   Duties
Article VI. Administrative Officers and Employees
   6.1.   Form of government
   6.2.   Deleted
   6.3.   Town administrator/town clerk
   6.4.   Town tax collector
   6.5.   Other officers and employees
Article VII. Finance
   7.1.   Custody of town money
   7.2.   Independent audit
Article VIII. Claims Against Town
   8.1.   Presentation of claims; suit upon claims
Article IX. Town Electric System
   9.1.   Sale, lease or discontinuance of municipally owned electric system
Article X. Street and Sidewalk Improvements
   10.1.   Authority to make street improvements; assessment of costs
   10.2.   When petition for street improvements unnecessary
   10.3.   “Street improvement” defined
   10.4.   Authority to make sidewalk improvements; assessment of costs
   10.5.   Assessment procedure
   10.6.   Effect of assessments
   10.7.   Acceptance of conveyance in satisfaction of assessments
Article XI. Prohibited Acts
   11.1.   Repealed
   11.2.   Discharge of firearms and explosives
Editor’s note:
   Set out herein is the Charter of the Town of Landis, as contained in section 1 of Session Laws 1975, chapter 213, ratified May 5, 1975, together with all acts amendatory thereof. Acts amending the Charter are cited following the sections affected. Unless so cited, each section derives unchanged from the original act.
   A uniform system of capitalization and spelling has been employed, and a frontal analysis has been added for the convenience of the user. Catch-lines have been added or altered where necessary to more accurately reflect the contents of each section.
Article I. Incorporation and Corporate Powers
Sec. 1.1. Incorporation and general powers.
   The Town of Landis, in the County of Rowan, shall continue to be a body politic and corporate under the name of the “Town of Landis,” and continue to be vested with all property and rights which now belong to the town; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract, may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold, 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 board of alderpersons and as provided by the General Statutes 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 Landis shall have and may exercise all powers which are granted to municipal corporations by the General Statutes 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. Existing corporate boundaries.
   (a)   The corporate limits of the Town of Landis shall be those existing at the time of the ratification of this Charter and as the same may be altered from time to time in accordance with law. The board of alderpersons of the Town of Landis shall cause to be prepared a map to be designated “Map of the Town of Landis Corporate Limits,” showing the corporate limits as the same may exist as of the effective date of this Charter. The board of aldermen shall also cause to be prepared a written description of the corporate limits as shown on said map to be designated “Description of Landis Corporate Limits.” This map and description shall be retained permanently in the office of the town administrator/town clerk as the official map and description of the corporate limits of the town. Immediately upon alteration of the corporate limits pursuant to law, the board of alderpersons shall cause to be made the appropriate changes to the official map and description. Photographic copies or other legible and permanent reproductions of the official map or description, certified as by law providing for the certification of ordinances, shall be admissible into evidence in all courts and shall have the same force and effect as would the official map or description.
   (b)   The board of alderpersons shall require the redrawing of the official map and the rewriting of the official description as may from time to time be required. A redrawn map and a rewritten description shall supersede for all purposes the earlier maps and descriptions which are respectively replaced.
Sec. 2.2. Extension of corporate boundaries.
   All extensions of the corporate boundaries shall be governed by the General Statutes of North Carolina.
Article III. Mayor and Board of Alderpersons 
Sec. 3.1. Composition of board of alderpersons.
   The board of alderpersons shall consist of four members to be elected by the qualified voters of the town voting at large in the manner provided in article IV of this Charter.
Sec. 3.2. Mayor and mayor pro tempore.
   The mayor shall be elected by and from the qualified voters of the town voting at large in the manner provided in article IV of this Charter. The mayor shall be the official head of the town government and shall preside at all meetings of the board of alderpersons. When there is an equal division on a question, the mayor shall resolve the deadlock by his vote, but he shall vote in no other case. The mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the General Statutes of North Carolina, by this Charter, and by the ordinances of the town. The board of alderpersons 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 board.
Sec. 3.3. Terms; qualifications; vacancies.
   (a)   The mayor and members of the board of alderpersons shall serve for terms of four years by staggered elections every two years; provided, they shall serve until their successors are elected and qualified pursuant to the General Statutes of North Carolina. (Adopted 4-21-03)
   (b)   No person shall be eligible to be a candidate or to be elected as mayor or as a member of the board of alderpersons or to serve in such capacity, unless he possesses the qualifications set forth in article IV of the Constitution of the State of North Carolina.
   (c)   In the event a vacancy occurs in the office of mayor or alderman, the board of alderpersons shall by majority vote appoint some qualified person to fill the vacancy for the remainder of the unexpired term.
Sec. 3.4. Organization of board of alderpersons; oath of office.
   The board of alderpersons shall meet and organize for the transaction of business at the first regularly scheduled meeting of the board in December following each biennial election, after the results of such election have been certified pursuant to the General Statutes of North Carolina. Before entering upon their offices, the mayor and each alderman shall take, subscribe to and have entered upon the minutes of the board 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. 3.5. Meetings of board.
   The board of alderpersons shall fix a suitable time and place for its regular meetings, which shall be held at least as often as once monthly. Special meetings may be held according to the procedures and requirements designated by the General Statutes of North Carolina pertaining to special meetings of city
councils.
Sec. 3.6. Ordinances and resolutions.
   The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the General Statutes of North Carolina not inconsistent with the charter. The ayes and noes shall be taken upon all ordinances and resolutions and entered upon the minutes of the board. The enacting clause of all ordinances shall be: “Be it ordained by the Board of alderpersons of the Town of Landis.” All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.
Article IV. Elections
Sec. 4.1. Regular municipal elections.
   The regular municipal elections for the Town of Landis shall be conducted in accordance with the nonpartisan plurality method of election, as set forth in chapter 163 of the General Statutes of North Carolina.
Sec. 4.2. Other municipal elections.
   All other town elections shall be conducted in accordance with the General Statutes of North Carolina relating to municipal elections.
Article V. Town Attorney
Sec. 5.1. Appointment; qualifications; terms; compensation.
   The board of alderpersons shall 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 board and shall receive such compensation as the board shall determine.
Sec. 5.2. Duties.
   It shall be the duty of the town attorney to prosecute and defend suits against the town; to advise the mayor, board of alderpersons 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 draft 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; to attend all meetings of the board of alderpersons, when required by the board; 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.
   Pursuant to N.C.G.S. 160A-101 and 160A-102, the Charter of the Town of Landis, as set forth in Section 1 of the Session Laws 1975, chapter 213, ratified May 5, 1975, is hereby further amended to provide that the Town of Landis shall operate under the alderman-manager form of government in accordance with Part 2 of Article 7 of N.C.G.S. Chapter 160A and any other provision not in conflict therewith.
   The Town of Landis administrator shall cause a notice to be duly published stating that an ordinance amending the Charter to adopt the alderman-manager form of government has been adopted.  This ordinance shall be in full force and effect from and after March 8, 2010.
Sec. 6.2. Deleted.
Sec. 6.3. Town administrator/town clerk.
   The board of alderpersons shall appoint a town administrator/town clerk to keep a journal of the proceedings of the board, 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 board may direct.
Sec. 6.4. Town tax collector.
   The town administrator/town clerk shall act as the town tax collector; but the Rowan County Tax Collector shall collect all taxes owed to the town, subject to general law, this Charter and town ordinances.
Sec. 6.5. Other officers and employees.
   The board of alderpersons may authorize additional offices and positions to be filled by appointment of the board of alderpersons and may organize the town government as deemed appropriate, including combining any of the offices provided for in this article, subject to the requirements of general law.
Article VII. Finance
Sec. 7.1. Custody of town money.
   All moneys received by the town for or in connection with the business of the town government shall be paid promptly into the town depository or depositories. Such institutions shall be designated by the board of alderpersons in accordance with the regulations and subject to the requirements as to security for deposits and interest thereon as may be established by the General Statutes of North Carolina. All interest on moneys belonging to the town shall accrue to the benefit of the town. All moneys belonging to the town shall be disbursed in accordance with the provisions of the Local Government Budget and Fiscal Control Act, being G.S. §§ 159-7 et seq.
Sec. 7.2. Independent audit.
   As soon as possible 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. The audit shall be secured in accordance with the provisions of the Local Government Budget and Fiscal Control Act.
Article VIII. Claims Against Town
Sec. 8.1. Presentation of claims; suit upon claims.
   (a)   All claims or demands against the Town of Landis arising in tort or in contract shall be presented to the board of alderpersons in writing, signed by the claimant or his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues. No suit or action shall be brought thereon within 30 days, or after the expiration of 12 months, from the time the claim or demand is so presented. Unless the claim or demand is so presented within 90 days after the cause of action accrues, and unless suit is brought within 12 months thereafter, any action thereon is barred.
   (b)   No action shall be instituted against the town for damages to or compensation for real property taken or used by the town for any public purpose, or for the ejectment of the town therefrom, or to remove a cloud upon the title thereof, unless, within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend shall have given notice in writing to the board of alderpersons of the claim, including in the notice the date that the alleged use commenced, a description of the property alleged to have been used, and the amount of the damage or compensation claimed.
   (c)   Notwithstanding the provisions of subsections (a) and (b) of this section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of his incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the occurrence of the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after termination of the incapacity, or within three years after the occurrence or the infliction of the injury complained of, whichever is the longer period. The town may at any time request the appointment of a next friend to represent any person having a potential claim against the town and known to be suffering from physical or mental incapacity.
Article IX. Town Electric System
Sec. 9.1. Sale, lease or discontinuance of municipally owned electric system.
   The board of alderpersons is authorized to sell, lease (as lessor), or discontinue the electric power distribution system owned by the Town of Landis upon such terms and conditions as the board deems best; provided, however, that the electric power distribution system owned by the town shall not be sold, leased to another, or discontinued unless the proposal to sell, lease, or discontinue is first submitted to a vote of the qualified voters of the Town of Landis and is approved by a majority of those who vote thereon.
Article X. Street and Sidewalk Improvements
Sec. 10.1. Authority to make street improvements; assessment of costs.
   In addition to any authority which is now or may hereafter be granted by the General Statutes of North Carolina to the Town of Landis for making street improvements, the board of alderpersons is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this article.
Sec. 10.2. When petition for street improvements unnecessary.
   The board of alderpersons may order street improvements and assess the cost thereof against the abutting property owners, exclusive of the costs incurred at street intersections according to one or more of the assessment bases set forth in article 10 of chapter 160A of the North Carolina General Statutes, without the necessity of a petition, upon the finding by the board as a fact:
   (a)   That the street improvement project does not exceed 1,200 linear feet, and
   (b)   That such street or part thereof is unsafe for vehicular traffic, and it is in the public interest to make such improvements, or
   (c)   That it is in the public interest to connect two streets, or portions of a street already improved, or
   (d)   That it is in the public interest to widen a street, or part thereof, which is already improved, provided that assessments for widening any street and otherwise improving such street in accordance with the street classification and improvement standards established by the town’s thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this article.
Sec. 10.3. “Street improvement” defined.
   For the purpose of this article, the term “street improvement” shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right-of-way and the construction or reconstruction of curbs, gutters and street drainage facilities.
Sec. 10.4. Authority to make sidewalk improvements; assessment of costs.
   In addition to any authority which is now or may hereafter be granted by the General Statutes of North Carolina to the town for making sidewalk improvements, the board of alderpersons is hereby authorized, without the necessity of a petition, to make or to order to be made sidewalk improvements or repairs according to standards and specifications of the town, and to assess the total cost thereof against abutting property owners, according to one or more of the assessment bases set forth in article 10 of chapter 160A of the North Carolina General Statutes; provided, however, that regardless of the assessment basis or bases employed, the board of alderpersons may order the cost of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street.
Sec. 10.5. Assessment procedure.
   In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this article, the board of alderpersons shall comply with the procedure provided by article 10, chapter 160A of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.
Sec. 10.6. Effect of assessments.
   The effect of the act of levying assessments under the authority of this article shall for all purposes be the same as if the assessments were levied under authority of article 10 of chapter 160A of the General Statutes.
Sec. 10.7. Acceptance of conveyance in satisfaction of assessments.
   The town tax collector or other officials or employee of the town having charge of the collection of special assessments, shall have the right, power, and authority by and with the approval of the board of alderpersons first obtained, to receive and accept a fee simple conveyance to the town of any lot or parcel of land in the town, free and clear of other encumbrances, in full settlement and satisfaction of all street and sidewalk assessments outstanding and unpaid against such property. Such right, power, and authority, however, shall be limited to a conveyance of the whole of the lot or parcel of land against which the particular assessment or assessments involved were levied. No lot or tract of land may be divided and no such right, power, and authority exercised as to a part, only, of the property originally embraced in and covered by said assessment or assessments. In the case of such conveyance, it shall not be necessary that the street or sidewalk assessment or assessments against the property be foreclosed; but the town, upon the receipt of any such conveyance, shall become and be the absolute fee simple owner of the property, as fully to all intents and purposes as if purchased in and through foreclosure proceedings for the enforcement of such street and sidewalk assessment or assessments.
Article XI. Prohibited Acts
Sec. 11.1. Repealed.
   Editor’s Note: This section was repealed in November, 2007, when Landis held a referendum to adopt liquor by the drink.
Sec. 11.2. Discharge of firearms and explosives.
   That it shall be a misdemeanor for any person to fire a gun, pistol, firecracker, Roman candle or any explosive within the corporate limits of Landis unless by permission from the board of alderpersons, and said board shall not have power to suspend this section more than 24 consecutive hours. Any person violating this section shall, upon conviction, be subject to a fine of up to twenty-five dollars ($25.00) or imprisonment of up to 30 days.