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Editor's note— Printed herein is the Charter of the Town of Surf City being chapter 829 of the Session Laws of 1963, ratified on June 11, 1963. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision derives unchanged from the original Charter. A uniform system of punctuation and capitalization has been used. Obvious misspellings have been corrected without notation and material in brackets  has been added for clarity.
Sec. 1. Election of officers.
Sec. 1.1. Council-manager form of government.
Sec. 2. Corporate powers.
Sec. 3. Corporate boundaries.
Sec. 4. Duties of mayor.
Sec. 5. Purchases.
Sec. 6. Duties of board of commissioners generally.
Sec. 7. Execution of duties by commissioners.
Secs. 8 to 11. Deleted.
Sec. 12. Deleted.
Sec. 13. Present officers to serve until succeeded.
Sec. 14. Filling vacancies.
Secs. 15 and 16. Deleted.
Sec. 17. Acts relative to taxation ratified and validated.
Sec. 18. Act applicable only to Town of Surf City.
Sec. 19. Repeal of conflicting laws.
Sec. 20. Effective date.
The governing body of the Town of Surf City shall consist of five (5) commissioners. Municipal elections in the Town of Surf City shall be held on the second Saturday in May, 1964, and biennially thereafter. The three (3) candidates receiving the greatest number of votes in the first election shall serve for a term of four (4) years; the one receiving the greatest number of votes shall be designated as mayor for the first two (2) years of his term; the one with the second highest number of votes will be designated mayor pro tem and the one with the third highest number of votes shall perform the duties of treasurer. The two (2) receiving the next highest number of votes shall act as commissioners and shall serve for a period of two (2) years. At the municipal election to be held in 1966, and quadrennially thereafter, two (2) commissioners shall be elected for four-year terms, and at the municipal election to be held in 1968, and quadrennially thereafter, three (3) commissioners shall be elected for four-year terms, and until their successors are elected and qualified.
Pursuant to G.S. 160A-101 and G.S. 160A-102, the Charter of the Town of Surf City as set forth in chapter 829 of the 1963 Session Laws of North Carolina, as amended, is hereby further amended to provide that the mayor shall be elected by all the qualified voters of the Town of Surf City.
At the municipal election to be held in the year 2003 the Mayor elected shall serve for a term of four (4) years and elections for the position of Mayor will be held quadrennially thereafter.
(Ord. No. 1990-2, § 1, 2-6-90; Ord. No. 2003-04, 5-6-03)
Editor's note—Session Laws 1971, chapter 835 enacted subchapter IX of chapter 163 of the General Statutes of North Carolina, which now governs municipal election procedures. Section 3 of that act provides as follows:
"It is the intent of this act to make uniform the laws governing the registration of voters for and the conduct of elections in cities, towns, incorporated villages, and special districts in this state. To this end, all laws and clauses of laws, whether general, private, special or local are repealed to the extent that they are in conflict with or superseded by this act, except that provisions of town or city charters providing for elections during the calendar year 1972 shall continue in effect until such 1972 elections have been conducted and their results declared."
Section 163-279 of the General Statutes of North Carolina now governs the time of municipal elections and supersedes the second sentence of the first paragraph of this section.
By adoption of the council-manager form of government (see section 1.1 of this Charter) the term "commissioner" is no longer used. The governing body is now referred to as "the council" and the members as "councilmembers." This change will be reflected throughout the Code of Ordinances.
Pursuant to G.S. 160A-101 and 160A-102, the Charter of the Town of Surf City, North Carolina, as set forth in chapter 829 of the 1963 Session Laws of North Carolina, as amended, is hereby further amended to provide that the Town of Surf City, North Carolina, shall operate under the council-manager form of government in accordance with Part 2 of Article 7 of G.S. Chapter 160A and any Charter provisions not in conflict therewith.
(Ord. No. 1980-6, § 1, 10-7-80)
State law reference— Form of government, G.S. 160A-59 et seq.
The Town of Surf City shall have all the rights, privileges, powers, immunities and liabilities which are conferred upon and are incident to incorporated cities and towns by virtue of the laws of the State of North Carolina, and all such as are created, limited, modified, or extended by this act; but whenever this act shall be in conflict with, or repugnant to, the general laws of the state applicable to cities and towns, then this act shall govern and control insofar as the rights, privileges, powers, immunities and liabilities of the Town of Surf City are concerned.
The corporate limits of said town shall be as follows:
Beginning at a stake in the Atlantic Ocean, said stake being located 309 feet southwardly from where the easternmost corner of the Bland Tract number 6 of the J. T. Bland Division reaches the water's edge at the Atlantic Ocean; running thence eastwardly the Bland line continued 1,000 feet in the Atlantic Ocean; thence parallel with the shoreline northeastwardly 29,140 feet, more or less, to a point where the Onslow-Pender line, if extended, would reach; thence to the shore at the Onslow-Pender line; thence along and with the Onslow-Pender County line northwestwardly to a stake in the eastern edge of the Intracoastal Waterway; thence along and with the eastern edge of the Intracoastal Waterway southwardly to a stake located 500 feet northwardly from the centerline of North Carolina Highways 50 and 210 where they cross the eastern edge of the right-of-way of the Intracoastal Waterway; running thence north 32 degrees west across the Intracoastal Waterway 2,000 feet; thence south 60 degrees and 30 minutes west across North Carolina Highways 50 and 210, 1,000 feet to a stake; thence south 32 degrees east 2,000 feet, more or less, across the Intracoastal Waterway to a stake in the eastern edge of the right-of-way of the Intracoastal Waterway, which stake is located 500 feet southwardly from the centerline of North Carolina Highways 50 and 210; thence along and with the eastern edge of the Intracoastal Waterway's right-of-way southwardly to a point where the Old Topsail Inlet Channel or Creek enters the Intracoastal Waterway; thence in a southwardly direction with Topsail Inlet Channel to a point where the Ward-Humphrey line reaches the waters of the channel; thence along and with the Ward-Humphrey line south 27 degrees 15 minutes east to a stake in the Atlantic Ocean, the point of beginning. (Sess. Laws 1965, ch. 323, § 1.)
Editor's note—Ordinances annexing territory have not been set out or listed herein but are on file and available for inspection in the offices of the town.
The mayor shall be the chief executive officer of the town, and subject to the supervision of the board of commissioners, shall perform all duties pertaining to such office. He shall do and perform all duties provided or prescribed by law or by the ordinances of the town, not expressly delegated to any other person. He shall have general supervision and oversight over the departments, and offices of the town government and shall be the chief representative of the town and shall report to the board any failure on the part of any of the officers of his or any other department to perform their duties, and shall preside at all meetings of the board of commissioners, except that the mayor pro tem shall preside in his absence. He shall sign all contracts on behalf of the town, unless otherwise provided by law or ordinance or resolution of the board of commissioners; he shall have charge of, and cause to be prepared and published, all statements and reports required by law or ordinance or by resolution of the board of commissioners.
It shall be the duty of each commissioner to recommend to the town purchasing agent the purchase of goods and contracts for all things necessary to be contracted for in his department, and these recommendations shall be submitted to the board of commissioners for its order with respect thereto.
The board of commissioners has and shall exercise all legislative powers, functions and duties conferred upon the town or its officers. It shall make all orders for the doing of work or the making or construction of any improvements, bridges or buildings. It shall levy all taxes, apportion and appropriate all funds, audit and allow all bills and accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost of street improvements, sidewalks, sewers, and other work, improvements, or repairs which may be specially assessed. It shall make or authorize the making of all contracts and no contract shall bind or be obligatory upon the town unless either made by ordinance or resolution adopted by the board of commissioners and reduced to writing and approved by said board, or expressly authorized by ordinance or resolution adopted by the board. All heads of departments, agents and employees are the agents of the board of commissioners only, and all their acts shall be subject to review and to approval or revocation by the board of commissioners. The head of departments, superintendent, agent, employee, or officer shall from time to time, as required by law or ordinance, or when requested by the board of commissioners, or sooner if said agent shall deem it necessary for the good of the public service, report to the board of commissioners in writing respecting the business of his department, officers, or employment, all matters connected therewith. The board of commissioners may, by ordinance or resolution, assign to a head of a department, or officer, additional employment and such service shall be rendered without additional compensation. The board of commissioners shall elect and have authority over the town clerk who shall be the clerk of the board of commissioners.
Each member of the board of commissioners shall devote such of his time and attention to the performance of the public duties herein mentioned as is necessary to fully carry out the same.
Secs. 8 to 11. Deleted.
Editor's note—The deleted sections all dealt with municipal elections and have been deleted pursuant to section 3 of Session Laws 1971, chapter 835, which enacted subchapter IX of chapter 163 of the General Statutes of North Carolina, which now governs municipal elections. For a fuller explanation of the effect of such act on municipal Charter provisions, see the editor's note following section 1 of this Charter. Deleted section 8 concerned residence requirements for candidates for office; section 9 concerned procedures for filing for office; section 10 concerned a tie vote runoff election; and section 11 concerned eligibility of voters. All of the deleted sections were from Session Laws 1963, ch. 829, the original act enacting a Charter for the Town of Surf City.
Editor's note—The deleted section concerned the compensation of the mayor and commissioners. This is now set by the board of commissioners pursuant to G.S. 160A-64, which repeals all Charter provisions in effect as of January 1, 1972, fixing the compensation or allowances of municipal officers or employees.
The present mayor and commissioners of the Town of Surf City shall hold office until 12:00 midnight on the thirtieth day of June 1964, and until their successors have qualified.
Should a vacancy occur by resignation or otherwise, the remaining commissioners may appoint a successor who, upon being sworn in by the clerk of said town or some other person duly authorized, may take office and discharge the duties of said office until the term has expired as herein provided.
Secs. 15 and 16. Deleted.
Editor's note—The deleted sections dealt with the applicability of article 3 of old chapter 160 of the General Statutes of North Carolina to elections in the town (section 15) and with violations of election laws (section 16). Both sections have been superseded by subchapter IX of chapter 163 of the General Statutes of North Carolina. For an explanation of the effect of such subchapter IX on municipal charter provisions, see the editor's note following section 1 of this Charter.
All acts of the commissioners of the Town of Surf City since its incorporation in 1949 in levying and collecting taxes are hereby ratified and validated.
This act shall apply only to the Town of Surf City in Pender County.
All laws and clauses of laws in conflict with this act are hereby repealed.
This act shall be in full force and effect from and after its ratification.
Editor's note—Session Laws 1963, ch. 829, the original act from which this Charter derives, was ratified June 11, 1963.