All powers conferred on the town of Sharpsburg shall, unless otherwise provided in this charter, be exercised by the mayor and five commissioners, each of whom shall be elected by the qualified voters of the town at large, and shall devote as much time to the service of the town as shall be necessary for the prompt and efficient administration of the business affairs of said town. The mayor shall be ex officio chairman of the board of commissioners, and shall have the right to vote only in case of a tie in the board; and the mayor and the members of said board of commissioners shall hold office for four years from and after the date of their election or until their successors have been duly elected and qualified.
(b) The mayor and other members of the board of commissioners elected under this act, and their successors in office, shall be held and deemed in law and fact the successors of the present mayor and board of commissioners of the town of Sharpsburg, and upon the qualification of the mayor and other members of the board of commissioners, all the powers, rights, and duties of the present mayor and board of commissioners of the said town shall cease; and from and after the passage of this act the said board of commissioners shall have and exercise all the rights, powers, and duties of the mayor and board of commissioners of cities and towns as may be conferred by the laws and Constitution of this State, and shall have and exercise all the rights, powers, and duties conferred upon them or either of them by the terms of this act.
[(c) through (g) deleted.]
(h) In case of the death, absence, resignation, or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the mayor pro tem. shall act as mayor until the vacancy is duly filled as hereinafter provided for, and shall possess all the rights and powers of the mayor and perform all the duties imposed upon the mayor. In case of vacancy in the office of mayor, the board of commissioners at their next regular meeting or as soon thereafter as convenient shall elect some person qualified to hold the position to fill the vacancy existing in said office. The mayor so elected shall hold office until the next regular election thereafter.
[(i) deleted]
(j) The Board of Commissioners shall be vested with the power and authority to make and enforce such rules and regulations as they may deem fit and proper for and concerning the organization, management, and operation of all the departments of the town and whatsoever agencies may be created for the administration of its affairs. At the first regular meeting in December of each calendar year, the Mayor shall appoint a commissioner to oversee the operations of each of department of the town subject to the provisions of the Town Code of Ordinances and any other policies adopted by the Board of Commissioners regarding management of town operations. All salaries and wages to be paid to the employees of the town, except as otherwise provided herein, shall be fixed and paid by the Board of Commissioners.
(k) The board of commissioners shall be vested with the power and charged with the duty of adopting all laws and ordinances not inconsistent with the Constitution and laws of this State, touching every object, matter, and subject within the purvies of the local government instituted by this act.
(l) The board of commissioners shall meet at least once in every month in regular meeting, at such times as shall be fixed by said board of commissioners, at the Town Hall, to consider and take under advisement and act upon such business as may come before them. A majority of the actual membership of the board of commissioners plus the mayor, excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present. No ordinance shall be passed or become effective without receiving the votes of at least three members of said board of commissioners. Special meetings may be called by the mayor, mayor pro tem, or any two members of the board of commissioners at any time to consider only such matters as shall be mentioned in the call for said meeting, and written notice thereof shall be given to each member of said board of commissioners. All sessions of said board of commissioners, whether regular or called, shall be open to the public; provided that the public may be excluded when the said board of commissioners is in closed session, per G.S. Ch. 143.
(m) The board of commissioners, at its first meeting in June of each year, or as soon thereafter as practicable, shall levy the annual tax for such year, but special taxes or assessments allowed by this charter may be levied, assessed, and collected at such times as the board of commissioners in each case may prescribe. The board of commissioners shall have full power to provide by ordinance for the prompt collection of taxes assessed, levied, and imposed under this charter, and are hereby authorized, and to that end may and shall have full power and authority to sell or cause to be sold all kinds of property real and personal, and may and shall make such rules and regulations, and ordain and pass such ordinances as are deemed necessary to the levying, imposing, assessing, and collecting of any taxes provided for in this charter. Unless otherwise provided by this act, and by ordinances passed hereunder, all the property in such town liable to taxation shall be assessed in accordance with the provisions of the general law of the State in so far as applicable.
(n) The board of commissioners shall have the management and control of the finances of the town, except as otherwise herein provided. They shall have power to appropriate money and provide for the payment of debts and expenses of the town; to provide by ordinance special funds for special purposes provided under the provisions of the charter, and to make the same disbursable only for said purposes, and to impose proper penalties for enforcing the same; to provide by ordinance for the payment of any existing and outstanding indebtedness, and for the payment of any bonds that may from time to time be issued. The board of commissioners shall also have the power to fund or refund by ordinance the whole or any part of the existing debts of the town, or any future debt, by acquiring and cancelling the evidence thereof, and to issue other bonds in lieu thereof, either registered or coupon, bearing interest at a rate not greater than the rate on the original indebtedness, and to this end may apply the sinking fund belonging to any series of bonds so refunded, and may pay and retire any bond by using the sinking fund thereof.
(o) At the regular municipal election to be held in 2009, the two candidates for Commissioner who receive the highest number of votes shall be elected for four-year terms, while the three candidates for Commissioner who receive the next highest number of votes shall be elected for two-year terms. At the regular municipal election to be held in 2011, and every four years thereafter, three members of the Board of Commissioners shall be elected to serve for four-year terms. At the municipal election to be held in 2013, and every four years thereafter, two members of the Board of Commissioners shall be elected to four-year terms.
(p) At the regular municipal election to be held in 2009, the Mayor shall be elected to a four-year term and beginning with the regular municipal election to be held in 2013, and every four years thereafter, the Mayor shall be elected to a four-year term.
(q) For the election to be held in October 1987, and each election held thereafter, candidates for Mayor and Town Commissioner shall file written notice of candidacy as prescribed by NCGS and Nash, Edgecombe and Wilson County Boards of Elections.
(Am. Ord. passed 9-2-2008; Am. Ord., passed 7-9-2012; Am. Res. 2014-2, passed 4-1-2014)