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CHARTER AND RELATED LAWS
An Act to amend consolidated statutes 2688, volume one, 1919, relating to the sale of municipal property
An Act to extend the authority of the police officers of the Town of Lillington so as to include all territory within one mile of the corporate limits of said town
An Act to provide for the election of the Mayor and Lillington Town Board of the Town of Lillington
An Act authorizing the establishment of the town liquor control store in the Town of Lillington, Harnett County, upon a vote of the people, and providing for the allocation of the net proceeds from the operation of such store
An Act to fix the compensation of the Mayor and members of the governing body of the Town of Lillington in Harnett County
Chapter 252, Private Laws 1903, as amended and herein set out, includes section headings and bracketed words supplied by the editors.
Sections have been edited as to capitalization and punctuation for the sake of uniformity, and amendatory acts have been inserted in the sections thereby amended, as indicated by historical citations following amended sections.
The General Assembly of North Carolina does enact:
Sec. 2. Town incorporated; name, laws gov- erning. That the Town of Lillington, in the County Harnett, be and the same is hereby incorporated by the name of the Town of Lillington, and shall be subject to all provisions of the law now in force or hereafter enacted relating to incorporated towns and cities, except as herein provided. The town shall operate under the Council-Manager form of government in accordance with Part 2 of Article 7 of G.S. Ch. 160A and any Charter provisions not in conflict therewith.
(Ord. passed 12-10-1985)
Sec. 3. Boundaries. That the boundaries and corporate limits of said Town of Lillington shall be as follows, to wit: Beginning at a point in the center of the intersection of Main and Front Streets, in said town, a line to be surveyed running north seventy-two degrees west forty chains, to the beginning point in the western boundary; thence south eighteen degrees west forty chains, thence south seventy-two degrees east eighty chains; thence north eighteen degrees east to the Cape Fear River; thence up the Cape Fear River to a point where the extension of the first boundary line would touch the bank of said river; thence south eighteen degrees west to the beginning, or western terminus of said town.
(Priv. Laws. 1937, Ch. 166, § 1)
For current boundaries of the town, see official town map which is on file in the office of the Town Clerk.
Sec. 4. Officers. That the officers of said town shall consist of a Mayor, five Commissioners, a Chief of Police, a Treasurer, and a Clerk to the Lillington Town Board, and the following named persons shall fill said offices until the first Monday of May, 1903, to wit: A.C. Holloway as Mayor: A. P. McPherson, A. F. Johnson, J. A. Rogers, J. E. Caviness and U. H. Parker as Commissioners; J. B. Lanier as Chief of Police and Allan M. Shaw as Clerk.
Sec. 5. Election of Mayor and Commissioners. That on the first Monday of May, 1903, and every two years thereafter, there shall be held at the courthouse in Lillington an election, at which the successors to said Mayor and Commissioners shall be chosen, which election shall be governed in all respects by the rules, regulations and laws governing municipal elections throughout the state, as provided by the general laws of the state.
The term of office of Mayor and Commissioners is now four years, and the Commissioners serve overlapping terms. See Sess. L. 1959, Ch. 901, which is set out in the local laws which follow the Charter. Election date repealed by Section 835 of the 1971 Session Laws.
Sec. 6. Selection of Marshall, Treasurer and Clerk. That the Lillington Town Board chosen at any election held as above provided for, shall at their first meeting held after such election, choose by ballot or otherwise, as they may determine, a Marshall, a Treasurer and a Clerk, who shall serve for two years, or until their successors be elected.
The Marshal is now the Chief of Police.
Sec. 7. Bond of Treasurer and Marshall. That the Treasurer and the Marshall shall each enter into a bond in such sum as the Lillington Town Board may direct, with good and sufficient surety, to be approved by the said Lillington Town Board, payable to the State of North Carolina, conditioned for the faithful performance of their respective duties.
Sec. 8. Powers of Lillington Town Board. That the said Commissioners shall have power to pass all bylaws and regulations for the good government of said town, as shall not be inconsistent with the laws of the state and of the United States, and may levy a tax on all objects of state taxation, not to exceed thirty-three and one-third cents on each one hundred dollars worth of taxable property located within the boundary limits of said town, and shall likewise have the right to levy a reasonable tax upon trades and professions, where a levy of the same is not prohibited by the laws of the state.
Sec. 9. Oath of town officers. That it shall be the duty of the officers appointed by this Act, within ten days after its ratification, to appear before the Clerk of the Superior Court of Harnett County, or other officer in said county authorized to administer oaths, and take the oath of office prescribed by law for such officers.
For oath of office as required by state constitution, see Const., Art. VI, § 7. For statutory oath of mayor, see G.S. § 160A-61. As to Commissioners, see G.S. § 160A.
Sec. 10. Condemnation of land for streets, drainage or sewer rights-of-way or easements. When any land or right-of-way shall be required for the purpose of opening or laying out new streets or widening those already opened, or for drainage or sewerage, and the land owner or owners and said Commissioners cannot agree upon the price which the land owner or owners will take and convey the right and easement to the said town, the same shall be taken at the valuation of three freeholders, to be chosen as follows. The Commissioners shall select one, [and] the owner or owners of the land one, within three days after notice in writing to the land owner or owners from the Commissioners of the selection, and the two freeholders thus selected shall select a third man, also a freeholder, and these persons shall assess the damages, if there be any, within five days after notice from the Commissioners to the land owner or owners above mentioned; and if the owner or owners of the land fail to select a man within three days as aforesaid, then the Commissioners shall select two men, and the two thus selected shall select a third man, and the three men thus selected shall assess the damage within the time aforesaid. The said freeholders, when so chosen, shall be first duly sworn by the Mayor or a justice of the peace to do impartial justice, and shall view the premises and the land on which the right and easement is demanded, and in making assessment of the damages shall take into consideration any benefit or advantage such owner or owners may receive from opening or widening of such street or making and maintaining of such drainage or sewerage, and shall ascertain and report to the Commissioners, under their hands and seals, what amount or sum shall be paid to the land owner or owners, which report, on being confirmed by the Lillington Town Board and spread upon the minutes of said town, shall have the force and effect of a judgment in favor of said land owner or owners in said Town of Lillington for the amount of damages assessed; provided, that either party may appeal to the next term of the Superior Court of Harnett County upon the question of damages, and notice of appeal must be served in writing within ten days from the report of the freeholders and notice to the land owner that said report has been filed; but no appeal shall delay the opening or widening of any street or making any drainage or sewerage; provided further, that in case the owner or owners of land on which right-of-way and easement is desired, as herein stated, are infants, lunatics or nonresidents, it shall be the duty of the Commissioners to file a petition before the Clerk of the Superior Court of Harnett County on behalf of the said Town of Lillington, making defendants the parties on whose land the right-of-way and easement is desired, and such petition shall set forth in detail the lands on which said right-of-way and easement will run, and the termini of said street or drainage or sewerage; and such proceeding as to notice from time of hearing shall be governed by the laws governing other special proceedings; and upon the hearing the Clerk shall appoint three disinterested persons, citizens and freeholders of the Town of Lillington, as Commissioners, who shall view the premises and shall ascertain and report to the Clerk, under their hands and seals, what amount or sums shall be paid to the land owner or owners by way of damages; and the order of the Clerk of the Superior Court, if report is confirmed by him, together with the report of the Commissioners, shall be spread upon the minutes of the Town of Lillington, and shall pass the right-of-way or easement in said land to the Town of Lillington, and shall have the force of a judgment in favor of said land owner or owners in said Town of Lillington for the damages assessed; provided, that no title shall vest and no street shall be on lands condemned under this Act until all such damages as are assessed shall be paid into the office of the Clerk of the Superior Court of Harnett County; and any person or persons attempting to open, or opening, such street before such damages as are assessed shall have been paid into said office shall be guilty of a trespass.
(Priv. Laws 1905, Ch. 180, § 1)
For condemnation authority, see G.S. 40A, which repealed all charter provisions.
Sec. 11. Authority of Lillington Town Board to preserve the public health. The Lillington Town Board may take such measures as they may deem necessary and effectual to prevent the entrance into town, or the spreading therein, of any contagious or infectious diseases; may stop, detain and examine for that purpose all things and persons coming from places believed to be infected with such diseases, may cause any person in the town believed to be infected with such contagious diseases, and whose stay might endanger the public health, to be removed to some designated place or places within or without the town limits; may cause to be removed or destroyed such furniture or other article or articles as shall be believed to be tainted or infected with any contagious or infectious disease, or which there shall be reasonable cause to apprehend will propagate disease; and may take all such reasonable steps to preserve the public health as they may deem necessary.
Sec. 12. Street labor for convicted offenders who fail to pay fine. Whenever an offender has been convicted for a violation of a town ordinance and a fine imposed, the Mayor of said town or other officer before whom he shall have been convicted, at the time of entering judgment may order that on failure to pay the fine to the Chief of Police of said town or the officer having him in charge, such offender shall be by such officer put to work on the streets of said town for a time to be fixed by the Mayor or other officer rendering the judgment, not exceeding thirty days, when he shall be discharged.
Inasmuch as there is no longer a Mayor’s Court in the town, the district court now exercises jurisdiction over cases involving the violation of town ordinances. See Sess. L. 1967, Ch. 826, which repealed G.S. §§ 160-13 to 160-16 relating to Mayors’ Courts, effective 12-2-1968 in Harnett County.
Sec. 13. Vagrants; generally. Any and all persons who may be able to labor, who shall frequent said town and be found therein without any visible means of support, sauntering about without employment, or who shall be found sleeping at night or spending the night in or upon the piazzas of the stores or the courthouse in said town, shall be deemed vagrants and guilty of a misdemeanor, and punished by a fine not exceeding fifty dollars, or imprisoned not exceeding thirty days, said offense being cognizable before the Mayor, who may cause such person or persons to be farmed out to work on the public streets or other public works of said town.
These sections were formerly G.S. §§ 14-338, 14-340 and 14-341, and have been repealed with no replacement.
Sec. 15. Authority to enclose town with fence. That the Commissioners of said Town of Lillington may cause it to be enclosed, or any specified portion of it to be enclosed, with a fence of wood or of metal, or part of wood and part of metal, with gates in same at the crossings or terminals of the several streets of the town reaching to said fence.
Sec. 16. Authority to prevent animals from running at large. That the said Commissioners may make an ordinance prohibiting the running at large within the town limits or within the enclosure surrounded by the fence provided for in the next preceding section, of any horse, mule, cow, hog, sheep, goat or other four-footed animal, under such penalties as said ordinance shall designate, which shall be, however, not inconsistent with the laws of the state; and a violation of such ordinance, if wilfully permitted by the owner of such animal, shall constitute a misdemeanor, cognizable by the Mayor of said town and punishable by a fine not exceeding the sum of ten dollars or imprisonment not exceeding ten days, in the discretion of the Mayor.
Sec. 17. Authority to penalize persons damaging town fence. That the said Commissioners shall also have authority to provide by ordinance for the punishment of any person or persons who shall wilfully remove rails from, tear down or otherwise injure any portion of the fence erected by them (the said Commissioners) or caused to be erected by them, under the authority of Section 15 of this Act, or who shall wilfully remove, injure or leave open any of the gates built in said fence, and a violation of any ordinance made by them prohibiting such acts shall constitute a misdemeanor, cognizable by the Mayor of said town, and shall be punished as said ordinance may specify; provided, [that] such punishment be not inconsistent with the laws of the state.
In the General Assembly read three times and ratified this the 4th day of March, 1903.
AN ACT TO AMEND CONSOLIDATED STATUTES TWO THOUSAND SIX HUNDRED AND EIGHTY-EIGHT, VOLUME ONE, ONE THOUSAND NINE HUNDRED AND NINETEEN, RELATING TO THE SALE OF MUNICIPAL PROPERTY.
These Acts of the General Assembly of North Carolina are not amendatory of the Town Charter, but they constitute part of the fundamental law of the town and are included for that reason. Sections have been edited as to capitalization and punctuation for the sake of uniformity, and amendments have been inserted as shown by the historical citation which follows any section which has been amended. Bracketed words and section catchlines, wherever appearing, have been supplied by the editors.
The General Assembly of North Carolina do enact:
“The Mayor and Commissioners of any city or town shall have power at all times to sell either at public or private sale any property, real or personal, belonging to any such city or town and apply the proceeds as they may think best.”
In the General Assembly read three times and ratified, this 15th day of March, 1941.
AN ACT TO EXTEND THE AUTHORITY OF THE POLICE OFFICERS OF THE TOWN OF LILLINGTON SO AS TO INCLUDE ALL TERRITORY WITHIN ONE MILE OF THE CORPORATE LIMITS OF SAID TOWN.
The General Assembly of North Carolina do enact:
Sec. 1. Extraterritorial jurisdiction of police. The power and authority of the Chief of Police and each and every police officer of the Town of Lillington in Harnett County to make arrests, serve warrants and enforce the motor vehicle laws is hereby extended to include any and all of the territory within one mile of the corporate limits of the Town of Lillington.
In the General Assembly read three times and ratified, this the 9th day of May, 1957.
AN ACT TO PROVIDE FOR THE ELECTION OF THE MAYOR AND BOARD OF COMMISSIONERS OF THE TOWN OF LILLINGTON.
The General Assembly of North Carolina do enact:
Sec. 1. Four year. overlapping terms of commissioners established. At the next regular municipal election conducted in the Town of Lillington, subsequent to the ratification of this Act, there shall be elected by the qualified voters of said town a Mayor and five Commissioners. The two candidates for the office of Commissioner receiving the highest number of votes in said election shall serve for a term of four years each and until their successors are elected and qualified. The three candidates for Commissioner receiving the next highest number of votes shall serve for a term of two years and until their successors are elected and qualified. Thereafter all members of the Lillington Town Board of the Town of Lillington shall be elected for the terms of four years each.
The election referred to in this section was held on the first Monday in May, 1961 (see Charter Section 5). Therefore, two Commissioners are to be elected in 1969 and every four years thereafter, and three Commissioners are to be elected in 1971 and every four years thereafter.
Sec. 2. Four year term of mayor established; Mayor and Commissioners constitute governing body. The candidate for the office of Mayor receiving the highest number of votes shall be declared elected and shall serve for a term of four years and until his successor is elected and qualified. The Mayor and the Lillington Town Board shall constitute the governing body of the Town of Lillington.
The effect of this Section and Section 1 of this Act is to provide for the election of a Mayor in 1969 and every four years thereafter.
Sec. 3. Notice of candidacy; filing fee. All persons desiring to become a candidate for the office of mayor or commissioner shall give notice to the Town Clerk by filing with said Clerk a notice of candidacy at least fifteen days prior to said election and shall pay a filing fee in an amount to be determined by the Lillington Town Board but said fee shall in no instance exceed two dollars. No person’s name shall be placed upon the general election ballot unless he has complied with the conditions herein set out.
In the General Assembly read three times and ratified, this the 11th day of June, 1959.
AN ACT AUTHORIZING THE ESTABLISHMENT OF A TOWN LIQUOR CONTROL STORE IN THE TOWN OF LILLINGTON, HARNETT COUNTY, UPON A VOTE OF THE PEOPLE AND PROVIDING FOR THE ALLOCATION OF THE NET PROCEEDS FROM THE OPERATION OF SUCH STORE.
Pursuant to the provisions of this Act, an election was held within the town on October 8, 1966 and a majority of the votes cast were in favor of establishing an alcoholic beverage control store.
The General Assembly of North Carolina do enact:
Sec. 1. Referendum to determine whether or not town liquor control store may be established. The governing body of the Town of Lillington may on its own motion, or shall if requested by a petition signed by at least fifteen per cent of the registered voters of Lillington, order an election to be held on the question of whether or not a town liquor control store may be operated in the Town of Lillington; and if a majority of the votes cast in such election shall be for the operation of such a store, it shall be legal for a liquor control store to be set up and operated in said town; but if a majority of the votes cast in said election shall be against the operation of a town liquor control store, no such store shall be set up or operated in said town under provisions of this Act. In the event the governing body of the Town of Lillington on its own motion orders a special election herein provided for, said election shall be held on such date as determined by said governing body; provided, that the special election shall not be held on or within sixty days of any biennial election for county officers.
Sec. 2. Registration of voters; printing and marking of ballots; election laws applicable. In calling for such special liquor election, the said governing body shall give at least thirty days’ public notice of the same prior to the opening of the registration books, and said registration books shall remain open for eight days before such special liquor election. A new registration of voters for such special liquor election shall not be necessary and all qualified electors who are properly registered prior to registration for the special election and those who register in said special liquor election shall be entitled to vote in said election. ln said election a ballot shall be used upon which shall be printed on separate lines for each proposition, “For Town Liquor Control Store,” “Against Town Liquor Control Store.” Those favoring setting up and operating a liquor store in the Town of Lillington shall mark in the voting square to the left of the words “For Town Liquor Control Store,” printed on the ballot; and those opposed to a town liquor control store shall mark in the voting space to the left of the words “Against Town Liquor Control Store.” Except as otherwise herein provided, the special election authorized shall be conducted under the same statutes, rules and regulations applicable to municipal elections in the Town of Lillington.
Sec. 3. How town liquor control store may be abolished; disposition of store assets upon abolishment; limitation as to subsequent referenda. If, after the first election, upon a petition signed by at least fifteen per cent of the registered and qualified voters of the town, the governing body shall call an election and at such election a majority of the votes shall be cast “Against Town Liquor Control Store, “ the town liquor control board shall within three months from the canvassing of such votes and the declaration of the result thereof, close said store and shall thereafter cease to operate the same, and within said three months the town 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 Treasurer. Thereafter, All Public, Public-Local and Private Laws applicable to the sale of intoxicating beverages within said Town of Lillington in force and effect prior to the authorization to operate a town liquor store shall be in full force and effect the same as if such election had not been held until and unless another election is held under the provisions of this Act in which a majority of the votes shall be cast “For Town Liquor Control Store.” No election shall be called and held in the Town of Lillington under the provisions of this Section within three years from the holding of the last election thereunder. It shall be the duty of the governing body of the Town of Lillington to order the special liquor election herein authorized in this section within sixty days after a sufficient petition has been filed requesting the same. But no election under this Act shall be held on the day of any biennial county or Town of Lillington general election or primary election, or within thirty days of any such election.
Sec. 4. Town Board of Alcoholic Control: Composition and appointment of members; Chairman; financial reports; inspection of records. If the operation of a town liquor control store is authorized under the provisions of this Act, the Mayor and governing body of the Town of Lillington 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 character, ability and business acumen. Said Board shall be known and designated as “The Town of Lillington Board of Alcoholic Control.” The Chairman of said Board shall be designated by the governing body of the town and shall serve for his first term a period of three years, and one member shall serve for his first term a period of two years, and the other member shall serve for a period of one year; and all terms shall begin with the date of their appointment, and after the same terms shall have expired, their successors in office shall serve for a period of three years. Their successors, or any vacancy occurring in the Board, shall be named or filled by the governing body of the town. Members of the Town Board may serve as members of the Board of Alcoholic Control. The Board of Alcoholic Control shall report monthly to the Town Board the status and financial condition of the Alcoholic Control Board and the books of the said Board of Alcoholic Control shall be available for inspection and examination by the members of the Town Board at any time.
Sec. 5. Same; Powers and duties. The said Town of Lillington Board of Alcoholic Control shall have all of the powers and duties imposed by G.S. § 18-45 on County Boards of Alcoholic Control, except as otherwise provided herein, 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 G.S. § 18-49. The said Town of Lillington Board of Alcoholic Control and the operation of any town liquor store authorized under the provisions of this Act shall be subject to and in pursuance with the provisions of G.S. Ch. 18, Art. 3, except to the extent which the same may be in conflict with the provisions of this Act. Wherever the word “county” board of alcoholic control appears in said Article, it shall include the Town of Lillington Board of Alcoholic Control.
The references in this section to G.S. Chapter 18 are now obsolete. For current provisions concerning Alcoholic Beverages, see G.S. Chapter 18B.
1. Twenty-five per cent of the net profits shall be paid to the Harnett County Public Library.
2. Ten percent of the net profits, which shall be a part of the profits referred to in the following subsection, shall be used by the Town Alcoholic Control Board, in its discretion, for educational programs as to the effect of the use of alcoholic beverages and for the rehabilitation of alcoholics. Whenever a person becomes an inebriate from the use of alcoholic beverages and has been committed by the clerk of court of Harnett County, as provided in G. S. § 35-2,12 and such person is indigent so that the expenses of his care and cure shall constitute a valid charge against the county, as provided in G.S. § 35-2, the Town Alcoholic Control Board shall pay to the county such charges; provided, that the Town Alcoholic Control Board shall not be required to pay any such charges except where it has agreed with the Clerk of Superior Court to pay such charges prior to the person’s commitment. The Town Alcoholic Control Board is authorized to participate in and to make contributions to public and private organizations which have rehabilitation programs for alcoholics, when the organization and its programs have been approved by the Board. Nothing herein shall be construed as limiting the Alcoholic Control Board’s discretion in establishing its educational and rehabilitation programs and expenditures therefor within the ten percent of net profits herein allocated.
As to current incompetency and guardianship provisions, see G.S. Chapter 35A. Note that G.S. Chapter 35 has been repealed.
3. Seventy-five percent of the net profits shall be allocated to the General Fund of the Town of Lillington. The governing body of the town is hereby authorized to appropriate such funds for any proper governmental purposes. Out of the funds allocated to it, the governing body of the town is specifically authorized to expend up to twenty-five per cent of such funds for recreational programs in the town. The governing body is further authorized to expend up to five per cent of the funds allocated to it for law enforcement to Harnett County for the use of the sheriff of Harnett County for the employment of deputies.
Please see editor’s note #5 above.
In the General Assembly read three times and ratified, this the 11th day of June, 1963.
AN ACT TO FIX THE COMPENSATION OF THE MAYOR AND MEMBERS OF THE GOVERNING BODY OF THE TOWN OF LILLINGTON IN HARNETT COUNTY.
The General Assembly of North Carolina do enact:
Sec. 1. Salary of Mayor and members of governing body. The governing body of the Town of Lillington is hereby authorized, in its discretion, to fix the salary of the Mayor at a sum not to exceed sixty dollars per month, and to fix the salaries of the members of the governing body of the Town of Lillington at a sum not to exceed forty dollars per month. The authority to fix salaries as provided herein shall not be effective until after the 1967 regular municipal election in the Town of Lillington.
Repealed by G.S. 160A-64.
In the General Assembly read three times and ratified, this the 9th day of May, 1967.