CHAPTER 2: ADMINISTRATION 1

   Article

      I.   IN GENERAL

      II.   TOWN COUNCIL

      III.   ORDINANCES

      IV.   OFFICERS AND EMPLOYEES

      V.   FINANCE

      VI.   RESERVED

 

Notes

1

1Cross-reference: Businesses and Trades, Ch. 6; Community Recreational Advisory Committee, §§ 16-301 et seq.;   Planning, Zoning, and Subdivision Control, Ch. 17; Planning Board, §§ 17-201 et seq.; Creation   of Board of Adjustment, § 17-343; Administration of traffic chapter, §§ 20-201 et seq. Statutory reference: Cities and towns, G.S. Ch. 160A.

ARTICLE I: IN GENERAL

[Reserved]

Cross-reference:

   Sections 2-101 and 2-102 have been moved to Chapter 15.

ARTICLE II: TOWN COUNCIL

Section

   2-201   Organizational meeting

   2-202   Mayor pro tempore; disability of Mayor

   2-203   Regular meetings

   2-204   Special meetings

   2-205   Quorum

   2-206   Minutes

   2-207   Mayor to preside

   2-208   Mayor not to vote except to break tie

   2-209   Committees

   2-210   Voting

   2-211   Franchises; technical ordinances

   2-212 to 2-299   Reserved

Charter reference:

   Mayor and Council, Art. II, § 3

Cross-reference:

   Authority of Mayor to declare state of emergency, § 9-101; Member of Town Council and Town Manager to be ex officio members of the Community Advisory Committee, Ch. 16.

Statutory reference:

   Organization and procedures of the Council, G.S. §§ 160A-68 et seq.

§ 2-201 ORGANIZATIONAL MEETING.

   (A)   The organizational meeting of the Town Council shall be on the date and at the time of the first regular meeting following certification of the election results.

   (B)   The organization of the Council shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or non-election of one, or more, members, but at least a quorum of the members must be present.

   (C)   When the organizational meeting is held on the third Monday of November following the election, the outgoing Council members shall receive a salary of one-half of one month, and the incoming members shall receive a salary of one-half of one month. When the organizational meeting is not held until December, then outgoing members shall not receive a salary for December, and incoming members shall receive a salary for the full month of December.

(Code 1976, § 2.1)

Statutory reference:

   Compensation of Mayor and Council, G.S. § 160A-64; organizational meeting of Council, G.S. § 160A-68.

§ 2-202 MAYOR PRO TEMPORE; DISABILITY OF MAYOR.

   At the organizational meeting, the Town Council shall elect from its members a Mayor Pro Tempore to serve at the pleasure of the Council. A Council member serving as Mayor Pro Tempore shall be entitled to vote on all matters, and shall be considered a Council member for all purposes, including the determination of whether a quorum is present. During the absence of the Mayor, the Council may confer upon the Mayor Pro Tempore any of the powers and duties of the Mayor. If the Mayor should become physically, or mentally, incapable of performing the duties of his or her office, the Council may, by unanimous vote, declare that he or she is incapacitated, and confer any of his or her powers and duties on the Mayor Pro Tempore. Upon the Mayor’s declaration that he or she is no longer incapacitated, and with the concurrence of a majority of the Council, the Mayor shall resume the exercise of his or her powers and duties. During a period of incapacity of the Mayor when the Mayor Pro Tempore is performing the duties of Mayor, the salary of the Mayor shall be suspended, and the Mayor Pro Tempore shall receive a pro rata salary for the time acting as Mayor at the salary rate of the Mayor. During such period, the Mayor Pro Tempore shall not receive a salary as a Council member.

(Code 1976, § 2.2)

Statutory reference:

   Mayor Pro Tempore, G.S. § 160A-70.

§ 2-203 REGULAR MEETINGS.

   The Town Council shall regularly meet on the first and third Monday of each month at 7:00 p.m. in the Council Chambers located in Town Hall, unless it becomes necessary for the Council to designate a different time or place to conduct the meeting. In such instances, the Town Clerk shall fulfill the public notification requirements established in G.S. § 143-318.12.

(Code 1976, § 2.3) (Ord. 23-2006, passed 8-7-2006; Ord. 24-2007, passed 9-10-2007)

§ 2-204 SPECIAL MEETINGS.

   Special meetings of the Town Council may be held upon the call of the Mayor, or upon the request, in writing, to the Town Clerk of any two members of the Council, and upon such notice as may be, by law, required. In such instances, the Town Clerk shall fulfill the public notification requirements established in G.S. § 143-318.12. Notice of the time and purposes of special meetings shall be posted at the Town Hall, and due notice shall be given to the Mayor and Council of the time and purposes of such meetings.

(Code 1976, § 2.4)

Statutory reference:

   Regular and special meetings, G.S. §§ 160A-71 and 143-318.12.

§ 2-205 QUORUM.

   A majority of the actual membership of the Town Council shall constitute a quorum, and no official business of the town shall be transacted by the Council unless a quorum is present.

(Code 1976, § 2.5)

Statutory reference:

   Quorum, G.S. § 160A-74.

§ 2-206 MINUTES.

   (A)   The Town Clerk shall keep full, and accurate, minutes of the Town Council proceedings, and said minutes shall be open to the inspection of the public.

   (B)   The results of each vote shall be recorded in the minutes and, upon the request of any member of the Council, the ayes and noes upon any question shall be taken.

   (C)   The minutes of closed session meetings shall not be open to the inspection of the public, as provided in G.S. § 143-318.10(e).

(Code 1976, § 2.6)

Statutory reference:

   Minutes to be kept, G.S. § 160A-72.