GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 160
SENATE BILL 730

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF FRANKLINTON.

The General Assembly of North Carolina enacts:

Section 1.  The Charter of the Town of Franklinton is revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF FRANKLINTON.
"ARTICLE I.
"INCORPORATION, CORPORATE POWERS, AND BOUNDARIES.
"Section 1.1.  Incorporation.  The Town of Franklinton, North Carolina in Franklin County and the inhabitants thereof shall continue to be a municipal body politic and corporate, under the name of the 'Town of Franklinton', hereinafter at times referred to as the 'town'.
"Sec. 1.2.  Powers.  The Town shall have and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the Town of Franklinton specifically by this Charter or upon municipal corporations by general law.  The term 'general law' is employed herein as defined in G. S. 160A-1.
"Sec. 1.3.  Corporate Limits.  The corporate limits shall be those existing at the time of ratification of this Charter, as set forth on the official map of the Town and as they may be altered from time to time in accordance with law.  An official map of the Town, showing the current boundaries, shall be maintained permanently in the office of the Town Clerk and shall be available for public inspection.  Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map shall be made and copies shall be filed in the office of the Secretary of State, the Franklin County Register of Deeds, and the appropriate board of elections.
"ARTICLE II.
"GOVERNING BODY.
"Sec. 2.1.  Town Governing Body; Composition.  The Mayor and the Board of Commissioners, hereinafter referred to as the 'Board', shall be the governing body of the Town.
"Sec. 2.2.  Board of Commissioners; Composition; Terms of Office.  The Board shall be composed of five Commissioners elected by all the qualified voters of the Town for staggered terms of four years or until their successors are elected and qualified.
"Sec. 2.3.  Mayor; Term of Office; Duties.  The Mayor shall be elected by all the qualified voters of the Town for a term of four years or until his or her successor is elected and qualified.  The Mayor shall be the official head of the Town government and preside at meetings of the Board, shall have the right to vote only when there is an equal division on any question or matter before the Board, and shall exercise the powers and duties conferred by law or as directed by the Board.
"Sec. 2.4.  Mayor Pro Tempore.  The Board shall elect one of its members as Mayor Pro Tempore to perform the duties of the Mayor during his or her absence or disability, in accordance with general law.  The Mayor Pro Tempore shall serve in such capacity until the organizational meeting following the next regular municipal election, despite the contrary provisions of G.S. 160A-70.
"Sec. 2.5.  Meetings.  In accordance with general law, the Board shall establish a suitable time and place for its regular meetings.  Special and emergency meetings may be held as provided by general law.
"Sec. 2.6.  Voting Requirements; Quorum. Official actions of the Board and all votes shall be taken in accordance with the applicable provisions of general law, particularly G.S. 160A-75.  The quorum provisions of G.S. 160A-74 shall apply.
"Sec. 2.7.  Compensation; Qualifications for Office; Vacancies.  The compensation and qualifications of the Mayor and Board shall be in accordance with general law.  Vacancies that occur in any elective office of the Town shall be filled for the remainder of the unexpired term, despite the contrary provisions of G.S. 160A-63.
"ARTICLE III.
"ELECTIONS.
"Sec. 3.1.  Regular Municipal Election.  Regular municipal elections shall be held in each odd-numbered year in accordance with the uniform municipal election laws of North Carolina.  Elections shall be conducted on a nonpartisan basis and the results determined using the nonpartisan plurality method as provided in G.S. 163-292.
"Sec. 3.2.  Election of Mayor.  A Mayor shall be elected in the regular municipal election each four years.
"Sec. 3.3.  Election of Commissioners.  Two or three Commissioners shall be elected in each regular municipal election, as the respective terms expire.
"Sec. 3.4.  Special Elections and Referendums.  Special elections and referendums may be held only as provided by general law or applicable local acts of the General Assembly. 
"ARTICLE IV.
"ORGANIZATION AND ADMINISTRATION.
"Sec. 4.1.  Form of Government.  The Town shall operate under the Mayor-Council form of government, in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes.
"Sec. 4.2.  Town Clerk.  The Board shall appoint a Town Clerk to keep a journal of the proceedings of the Board, to maintain official records and documents, to give notice of meetings, and to perform such other duties required by law or as the Board may direct.
"Sec. 4.3.  Tax Collector.  The Board shall appoint a Tax Collector to collect all taxes owed to the Town, subject to general law, this Charter, and Town ordinances.
"Sec. 4.4.  Town Attorney.  The Board shall appoint a Town Attorney licensed to practice law in North Carolina.  It shall be the duty of the Town Attorney to represent the Town, advise Town officials, and perform other duties required by law or as the Board may direct.
"Sec. 4.5.  Other Administrative Officers and Employees.  The Board may authorize other positions and may organize the Town government as deemed appropriate, subject to the requirements of general law."
Sec. 2.  The purpose of this act is to revise the Charter of the Town of Franklinton and to consolidate certain acts concerning the property, affairs, and government of the Town.  It is intended to continue without interruption those provisions of prior acts which are expressly consolidated into this act, so that all rights and liabilities which have accrued are preserved and may be enforced.
Sec. 3.  This act does not repeal or affect any acts concerning the property, affairs or government of public schools, or any acts validating official actions, proceedings, contracts, or obligations of any kind.
Sec. 4.  The following acts, having served the purposes for which they were enacted or having been consolidated into this act, are expressly repealed:
Chapter 32, Private Laws of 1842-43
Chapter 311, Private Laws of 1850-51, except for Section 12
Chapter 282, Private Laws of 1854-55
Chapter 45, Private Laws of 1899
Chapter 92, Private Laws of 1905
Chapter 109, Private Laws of 1925
Chapter 162, Private Laws of 1929
Chapter 1095, Session Laws of 1947
Chapter 239, Session Laws of 1951
Chapter 818, Session Laws of 1951
Chapter 884, Session laws of 1951
Chapter 1192, Session Laws of 1951
Chapter 333, Session Laws of 1953, except for Section 1
Chapter 836, Session Laws of 1955
Chapter 1222, Session Laws of 1955
Chapter 750, Session Laws of 1959.
Sec. 5.  The Mayor and Commissioners serving on the date of ratification of this act shall serve until the expiration of their terms.  Thereafter those offices shall be filled as provided in Articles II and III of the Charter contained in Section 1 of this act.
Sec. 6.  This act does not affect any rights or interests which arose under any provisions repealed by this act.
Sec. 7.  All existing ordinances, resolutions, and other provisions of the Town of Franklinton not inconsistent with the provisions of this act shall continue in effect until repealed or amended.
Sec. 8.  No action or proceeding pending on the effective date of this act by or against the Town or any of its departments or agencies shall be abated or otherwise affected by this act.
Sec. 9.  If any provision or application of this act is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 10.  Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, superseded, or recodified, the reference shall be deemed amended to refer to the amended General Statute, or to the General Statute which most clearly corresponds to the statutory provision which is superseded or recodified.
Sec. 11.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 15th day of June, 1993.

─────────────────── 
Dennis A. Wicker
President of the Senate

─────────────────── 
Daniel Blue, Jr.
Speaker of the House of Representatives