CHAPTER 225
   AN ACT TO AMEND AND CONSOLIDATE THE ACTS INCORPORATING THE TOWN OF NEWPORT.
The General Assembly of North Carolina do enact:
   SECTION 1.
   That the town of New Port in the county of Carteret be and the same is hereby incorporated under the name and style of Newport, and that S. D. Edwards, H. D. Garner, C. M. Hill and E. D. Mann, the present commissioners of said town, and their successors in office, shall be and are hereby declared a body politic and corporate, with succession during the corporate existence of said town, shall be styled “the commissioners of the town of Newport,” and shall have power to sue and be sued, and plead and interplead, and have and use a common seal, and acquire real and personal estate in the amount of twenty thousand dollars. That L. C. Carroll, the present mayor of said town, and the commissioners aforesaid, shall continue in office as such and perform all the duties pertaining to their office of mayor and commissioners of said town until their successors shall be elected and qualified as hereinafter provided.
   SECTION 2.
   That the corporate limits of said town shall be as Corporate limits follows: Beginning at the mouth of Laurel Swamp branch, running with said branch to Deep Creek Swamp; thence with said swamp to Elisha Morton’s line; thence with said line to School House Branch; thence with said branch to Newport River; thence with said river to the beginning.
   The corporate limits of the Town of Newport, in Carteret County, are hereby extended to include and embrace the following described areas:
   BEGINNING at a point in the center of the Atlantic & North Carolina Railroad track where the same is intersected by the North line of the town limits of Newport; runs thence South 58 degrees West, along the present line of the town limits, 1870 feet to a point in the old J. L. Bell line; thence North 4 degrees 27 minutes East, (North 0 degrees 20 minutes West true meridian), along the old J. L. Bell line, 1963.16 feet to a point in the old W. S. Bell line, it being also the North line of the W. J. B. Shull tract; thence North 54 degrees East to the center of the Atlantic & North Carolina Railroad track; and thence South 29 degrees 04 minutes East, true meridian, along the center of the Atlantic & North Carolina Railroad track to the point of BEGINNING.
   BEGINNING at a point in the East line of the right-of-way of United States Highway 70 where the same is intersected by the North line of the town limits of Newport; runs thence North 1 degree West, along the East line of the right-of-way of United States Highway 70, 332 feet to a point, the corner of the Newport Missionary Baptist Church lot; thence South 79 degrees 27 minutes East, along the North line of the Newport Missionary Baptist Church lot, 188 feet to a point; thence South 0 degrees 30 minutes East, along the East line of the Newport Missionary Baptist Church lot, 240 feet to the North line of McCain Avenue; thence North 89 degrees 25 minutes East, along the North line of McCain Avenue, 288 feet to a point; and South 74 degrees 55 minutes East, continuing along the North line of McCain Avenue, 370 feet to the west line of Church Street, thence South 14 degrees 40 minutes West, along the West line of Church Street, 60 feet to the town line ditch, the present town line; thence North 74 degrees 55 minutes West, along the present town line, 351 feet; and thence South 89 degrees 25 minutes West, continuing along the present town line, 473 feet to the East line of United States Highway 70, the point of BEGINNING.
(Private Laws of 1959, ch. 455, § 1)
   SECTION 3.
   That the officers of said town shall consist of the mayor and five Council members, to be elected by the qualified voters of said town for a term of four years, as is now provided by law for municipal elections. Beginning with the regular municipal election to be held in 1971, the municipal elections in the Town of Newport shall be held and conducted in accordance with the provisions of Article 3, Chapter 160, of the General Statutes, relating to municipal elections.
(Private Laws of 1969, ch. 495, § 1)  (Ord. passed 12-5-1978)
Statutory reference:
   Municipal elections, see G.S. §§ 163-279 et seq.
   SECTION 4.
   Said election of mayor and Council members shall be held at the city hall in said town and no person shall be entitled to vote at said election or at any election held in said town for municipal purposes, unless he or she shall be an elector of the State of North Carolina and shall have resided ninety days next preceding the day of election within the said corporation.
Statutory reference:
   Municipal elections, G.S. §§ 163-279 et seq.
   SECTION 5. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 6. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 7. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 8. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 9. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 10. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 11. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 12. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 13. [Reserved.]
Editor’s note:
   Sections 5 through 13 on elections have been editorially deleted at the direction of the town attorney as superseded by G.S. §§ 160A-59 and 163-279 et seq.
   SECTION 14.
   That a majority of said Council members shall constitute a quorum for the transaction of business.
   SECTION 15.
   That the mayor, when present, shall preside at all meetings of the Council members; he shall also have power to call meetings when he shall deem it necessary, and may vote only in case of a tie. In the absence or sickness of the mayor, the Council members of said town shall elect one of their own number to act as mayor pro tempore, who shall, while acting as such, have all the authority and powers conveyed by this charter on the mayor of said town.
   SECTION 16.
   If for any cause there should be a vacancy in the office of mayor or Council members of said town, the Town Council thereof shall be and are hereby empowered to fill said vacancy or vacancies; and their appointee or appointees shall hold office until the next regular election herein provided for.
   SECTION 17.
   That said Council members shall at the first meeting after their election select some one as town clerk and treasurer, who shall hold office for two years or until his successor shall be elected and qualified. He shall act as secretary to the Town Council and as treasurer of said town, and before entering upon the discharge of the duties of his office shall give good and sufficient bond, with sureties to be approved by the Town Council of said town, in the sum of twenty-five hundred dollars, payable to the State of North Carolina, and conditioned upon his faithfully accounting for and paying over all moneys that may come into his hands as treasurer of said town and for the faithful discharge of his duties as secretary of said Town Council. The Council members of said town shall require of the town clerk and treasurer a monthly statement and exhibit of receipts and disbursements, and if he shall fail for thirty days after having been required to make such exhibit to render the same, it shall be and is hereby declared a breach of his official bond, and the Council members are authorized and empowered to declare the office vacant and to appoint his successor. All suits entered on the official bond of any of the officers of said town shall be in the name of the State of North Carolina to the use of the Town Council of the town of Newport against the said official and his sureties. That if treasurer’s bond is given in a surety company, the premium for the same shall be paid by the town.
   SECTION 18.
   The said Council members shall at the first meeting after their election select some one to act as chief of police or tax collector of said town, who shall hold his office for two years or until his successor is elected and qualified. He shall, before entering upon the discharge of the duties of his office, enter into bond in the sum of two hundred fifty dollars, with good and sufficient sureties to be approved by the Town Council, payable to the State of North Carolina, and conditioned upon his faithfully executing and returning to the proper authority all process that may come into his hands as said chief of police or tax collector, upon his faithfully accounting for and paying over to the proper authority all money that may come into his hands from any source as said chief of police or tax collector, upon his faithfully collecting and paying over all taxes levied by the Council members of said town, and in all other respects executing to the best of his ability and honestly and faithfully all the duties imposed upon him by this charter or by the Town Council of said town. The said mayor and Council members shall have power to appoint, and shall fix the compensation for the same, for all necessary policemen needed for said town from time to time. If so ordered by the Town Council, the taxes and moneys due said town may be collected by the city clerk, or other officer of said town.
   SECTION 19.
   The Council members of said town shall have power to make such by-laws and adopt such regulations or ordinances for the government of said town as a majority of them may deem necessary to promote the interest and insure the good order and government of said town, for the improvement of the streets, and the preservation of the health in the same, and to make all such other police regulations as the interest, comfort and convenience of the citizens of said town may require.
   SECTION 20.
   The Council members of said town may pass laws for abating and preventing nuisances of any kind therein.
   SECTION 21. [Reserved.]
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney as included in G.S. §§ 160A-175 and 14-4.
   SECTION 22. [Reserved.]
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney as included in G.S. §§ 160A-175 and 14-4.
   SECTION 23. [Reserved.]
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney as included in G.S. §§ 160A-175 and 14-4.
   SECTION 24. [Reserved.]
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney.
   SECTION 25. [Reserved.]
(Private Laws of 1951, ch. 620, § 1; Private Laws of 1969, ch. 303, §§ 1, 1A)
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney.
   SECTION 26. [Reserved.]
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney as obsolete.
   SECTION 27.
   Said Council members of Newport shall have power to construct and repair the sidewalks or any of the streets of said town. And they shall further have power, and they are hereby authorized to establish for said town of Newport a harbor line, and construct and maintain such public docks and wharves as they may deem advisable, and charge for the use thereof such compensation as may be reasonable and just; to control and regulate the use of such docks and wharves by vessels in said port under such rules, regulations and ordinances as they may adopt, subject to the Constitution and laws of the United States; and they are hereby authorized and empowered to adopt such ordinances as will carry into effect this section; and if they shall deem necessary they are authorized to appoint a board consisting of three citizens of said town, who shall be known as harbor commissioners.
   SECTION 28.
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney as obsolete.
   SECTION 29. [Reserved.]
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney as obsolete.
   SECTION 30.
   The Council members of said town may take such measures as they may deem requisite, or pass such ordinances or regulations as they may think necessary, to prevent the entrance into or spreading within the limits of said town of any contagious or infectious disease or diseases, and may take any action necessary in their opinion to preserve the public health of said town.
   SECTION 31. [Reserved]
Editor’s note:
   This section has been editorially deleted as directed by the town attorney as superceded by the authority to tax in G.S. §§ 160A-206 et seq. and the procedure for collection in G.S. §§ 105-1 et seq.
   SECTION 32. [Reserved.]
(Private Laws of 1949, ch. 115)
   SECTION 33. [Reserved.]
Editor’s note:
   This section has been editorially deleted as directed by the town attorney as superceded by the authority to tax in G.S. §§ 160A-206 et seq. and procedure for collection in G.S. §§ 105-1 et seq.
   SECTION 34. [Reserved.]
Editor’s note:
   This section has been editorially deleted as directed by the town attorney as superceded by the authority to tax in G.S. §§ 160A-206 et seq. and the procedure for collection in G.S. §§ 105-1 et seq.
   SECTION 35.
   All persons owning any property within said town liable to taxation for town purposes shall return the same to the town clerk as provided in section thirty-four of this charter, and all property therein liable to such taxation owned by minors, lunatics or persons non compos mentis shall be returned as herein provided by their guardian or guardians, if they shall have any such.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 36.
   All property liable to taxation for town purposes in said town and held by executors, administrators or trustees, shall be returned by them in that capacity, and the individual property of all such guardians, executors, administrators, or trustees shall be first distrained or attached by the chief of police or tax collector of said town is hereby authorized at any time after the taxes may be due the said town on said property as aforesaid to distrain any personal property of such guardians, executors, administrators or trustees to be found in said town.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 37.
   The town clerk and treasurer of said town shall make out a full and complete list of all taxable property in said town so returned to him and of the taxable polls in said town, and if any person or persons in said town liable to taxation shall fail to make return to the clerk as herein provided for thirty days after the first Monday in May in each year, the town clerk shall make return of the taxable property of such person or persons, and his age, if he is liable to poll tax, and such person or persons so failing to make return of their property and poll shall be liable to double property and poll tax to be collected as other property and poll taxes. The town clerk of the said town shall complete the tax list and place it or a certified copy thereof in the hands of the chief of police or tax collector of said town on the third Monday in August of each year. Such tax list, or a copy thereof, certified by the town clerk, when placed in the hands of the chief of police or tax collector shall have the force and effect of an execution.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 38.
   The lien of the town taxes shall attach to all real property subject to taxation on and after the third Monday in August of each year, and shall continue until such taxes, together with any penalty that shall accrue thereon, shall be paid. All personal property liable and sold to taxation of taxpayers within the town shall be liable to be seized and sold, after ten days notice at the city hall and four other public places in said town, in satisfaction of taxes, by the chief of police or tax collector after said taxes shall have become due and payable.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 39.
   Whenever the taxes due said town shall be due and unpaid, the chief of police or tax collector of said town shall immediately proceed to collect them as follows: First, if the party charged, or his agent, have personal property in said town equal in value to the taxes charged against him, the chief of police or tax collector shall seize and sell the same under the same rules as sheriffs are required to sell personal property under execution, and his fees for such levy or sale shall be one dollar; second, if the party charged has not personal property to be found in said town of sufficient value to satisfy his taxes, the chief of police or tax collector of said town shall levy upon any lands of the delinquent to be found within the town. The levy shall contain an accurate description of the lands with the name of the owner or owners, the amount of taxes due by the delinquent, and a list thereof shall be by the chief of police or tax collector returned to the town clerk and treasurer, who shall enter the same in a book to be kept for that purpose, charging therefor the sum of fifty cents for each levy; third, the chief of police or tax collector shall notify the delinquent of such levy, and of the day and place of sale, by service of a notice stating these particulars, on him personally if he be a resident of said town. If the delinquent does not reside in said town, but his residence is known or can by reasonable diligence be ascertained, the notice shall be mailed, postpaid, to such delinquent. If the residence of the delinquent cannot with reasonable diligence be ascertained, the chief of police or tax collector shall post a notice substantially as above described at the courthouse door and four other places in said town, at least thirty days before the sale of the land, and this last mentioned notice shall be posted in all cases of sales of land for taxes in said town; and fourth, the sale shall be made at the city hall in said town, and shall be conducted in all respects as are sales under execution. If the delinquent resides out of said town, and his address be known to the chief of police or tax collector, the chief of police or tax collector shall, within one month after the sale, mail to him notice of the sale, and date thereof, of the name and address of the purchaser, of the sums bid and of the amount of the taxes and costs to be paid by such delinquent as a condition of its redemption.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 40.
   The whole tract or lot of land belonging to a delinquent person or company shall be set up for sale at the same time and shall be struck off to him who will pay the amount of taxes with all the expenses for the smallest part of the land, at all such sales the mayor may become a bidder and purchase the whole lot or tract of land for the taxes due and expenses for the use of the town in case no one will offer to pay the taxes and costs for a less quantity.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 41.
   The delinquent may claim possession of the property for twelve months after sale, and within that time redeem it by paying the purchaser the amount paid by him and twenty-five per centum in addition thereto; at the time of said payment to the purchaser, he shall give to the delinquent a receipt therefor. If he shall refuse or cannot be found in said town, the delinquent may pay the same to the town clerk and treasurer and he shall give him a receipt therefor and such payment shall be equivalent to payment to the purchaser. After such payment to the purchaser or town clerk, all rights under the purchase shall cease.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 42.
   At the time of such purchase of real estate for taxes, the chief of police or tax collector on receipt of the amount bid, by whom and for what purpose, and describing the land sold, stating further the owner of said lands and the amount of taxes due.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 43.
   If the delinquent, his agent or attorney, shall fail to redeem, as provided in section forty-one hereof, for twelve months, at the expiration of that time the purchaser may present his receipt referred to in section forty-two hereof, and the chief of police or tax collector of said town shall execute a deed in fee to the purchaser, and if the purchaser is dead, to his heirs-at-law or assigns, for the land for which said purchaser agreed to pay the amount called for in the receipt, and for said service the chief of police or tax collector shall be allowed one dollar, to be paid by the purchaser. The deed from the chief of police or tax collector to the purchaser shall be registered in the register’s office of Carteret County within six months from the time of the execution and delivery thereof, and when so registered shall convey to the grantee all the estate in the land for which the purchaser bid which the delinquent, his agent or attorney, had at the time of sale for taxes.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 43-a. [Reserved.]
Editor’s note:
   This section has been editorially deleted at the direction of the town attorney.
   SECTION 44.
   All real estate bid in by the mayor of said town for the use of the town at sales made by the chief of police or tax collector for taxes may be redeemed by the payment on the part of the delinquent, his agent or attorney, of the amount bid and twenty-five per centum additional to the town clerk or treasurer within twelve months.
   SECTION 45.
   In addition to the tax on property the Council members shall have power to levy and collect such special or license taxes as now or may hereafter be permitted by general law or not prohibited by the act to raise revenue.
Statutory reference:
   Authority to tax, see G.S. §§ 160A-206 et seq.
   Taxes authorized and procedure for collection, etc., see G.S. §§ 105-1 et seq.
   SECTION 46.
   That the Council members of the town of Newport shall have control and supervision of all the shade trees on any of the streets or sidewalks of said town and shall have power and authority to make rules and regulations regarding the same.
   SECTION 47.
   That all ordinances adopted by the Town Council of said town shall take effect at the time and upon the conditions indicated therein.
(Private Laws of 1961, ch. 870, § 1)
   SECTION 48.
   The Board of Commissioners (now Council) of the Town hereby amends its form of government to the Council-Manager form, changes its governing body to the title “Council”, and authorizes the appointment by the Council of a Town Manager to be the administrative head of the Town government.
   SECTION 49.
   The office of Town Manager is hereby created in accordance with the provisions of Part 2 of Article 7 of Chapter 160A of the General Statutes of North Carolina to have those powers and duties provided by Section 160A-148 and any other duties required or authorized by the Council.
(Amended by Ord. passed 11-5-1996)
   SECTION 50.
   (a)   The Town Manager shall be appointed with regard to merit only and need not be a resident of the Town when appointed, provided, however, that at the earliest possible date after taking office, the Town Manager shall become a resident of the Town. During the time they shall hold office, the Mayor and any Council member shall not be eligible to be Town Manager.
   (b)   The Town Manager shall hold office at the pleasure of the Council and shall receive such compensation as the Council by ordinance may determine.
(Amended by Ord. passed 11-5-1996)
   SECTION 51.
   Council members shall deal with administrative matters and with officers and employees through the Town Manager and will not bypass the line of authority.
(Amended by Ord. passed 11-5-1996)
   SECTION 52.
   All laws or clauses of laws in conflict with the provisions of this act are hereby repealed.
   SECTION 53.
   That this act shall be in force from and after its ratification.
Ratified this the 7th day of March, A.D. 1927.