ADOPTING ORDINANCE
ORDINANCE NO.    
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF LOCUST, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY OF LOCUST DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY.
   WHEREAS, the present general and permanent ordinances of the City of Locust are inadequately arranged and classified and are in insufficient form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and
   WHEREAS, the Acts of the Legislature of the State of North Carolina empower and authorize the political subdivision to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
   WHEREAS, the Legislative Authority of the City of Locust has authorized a general compilation, revision and codification of the ordinance of the City of Locust of a general and permanent nature and publication of such ordinance in book form; and
   WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.
   NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Locust, NC:
   1.   The general ordinances of the City of Locust as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the City of Locust, NC.”
   2.   Such Code of Ordinance as adopted in Section 1 shall consist of the following Titles:
   Article I. Incorporation and Corporate Powers
      Sec. 1.1   Incorporation and general powers
      Sec. 1.2   Exercise of powers
      Sec. 1.3   Enumerated powers not exclusive
   Article II. Corporate Boundaries
      Sec. 2.1   Corporate boundaries
   Article III. Mayor and City Council
      Sec. 3.1   Temporary officers
      Sec. 3.2   Mayor and Mayor Pro Tempore
      Sec. 3.3   Composition of City Council
      Sec. 3.4   Terms; qualifications; vacancies
      Sec. 3.5   Compensation of Mayor and Councilmen
      Sec. 3.6   Organization of Council; oaths of office
      Sec. 3.7   Meetings of Council
      Sec. 3.8   Quorum; votes
      Sec. 3.9   Ordinances and resolutions
   Article IV. Election Procedure
      Sec. 4.1   Regular municipal elections
      Sec. 4.2   Regulation of elections
   Article V. City Attorney
      Sec. 5.1   Appointment; qualifications; terms; compensation
      Sec. 5.2   Duties of the City Attorney
   Article VI. Administrative Officers and Employees
      Sec. 6.1   City Clerk
      Sec. 6.2   City Tax Collector
      Sec. 6.3   City Finance Officer
      Sec. 6.4   Consolidation of functions
      Sec. 6.5   Other employees
   Article VII. Finance   
      Sec. 7.1   Custody of city money
      Sec. 7.2   Issuance of bonds
      Sec. 7.3   Purchases and contracts
      Sec. 7.4   Independent audit
      Sec. 7.5   Taxation
   Article VIII. Claims Against the City
      Sec. 8.1   Tort claims
   3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinance levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.
   4.   Such Code shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the City of Locust is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.
   5.   Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested recorded, and approved and that any public hearings and notices thereof as required by law have been given.
   6.   This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect at the earliest date provided by law.
   PASSED AND ADOPTED by the Locust City Council of the City of Locust on this 7th day of May 2009.
                                           
ATTEST:                                             Harold Greene, Mayor
                                           
Lora Flieger, City Clerk
SEAL