A BILL TO BE ENTITLED
AN ACT to allow the city of troy and its REDEVELOPMENT commission to acquire property within a REDEVELOPMENT area using the "quick take" procedure, to revise and consolidate the charters of the towns of peachland and POLKTON, AND TO ALLOW THE CITY OF HICKORY TO USE WHEEL LOCKS ON ILLEGALLY PARKED VEHICLES.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 40A‑42(a)(1) reads as rewritten:
"(1)	When a local public condemnor is acquiring property by condemnation for a purpose set out in G.S. 40A‑3(b)(1), (4) or (7), or when a city is acquiring property for a purpose set out in G.S. 160A‑311(1), (2), (3), (4), (6), or (7), or when a city or city redevelopment commission is acquiring property within a redevelopment area under a redevelopment plan adopted pursuant to Article 22 of Chapter 160A of the General Statutes, or when a county is acquiring property for a purpose set out in G.S. 153A‑274(1), (2) or (3), or when a local board of education or any combination of local boards of education is acquiring property for any purpose set forth in G.S. 115C‑517, or when a condemnor is acquiring property by condemnation as authorized by G.S. 40A‑3(c)(8), (9), (10), (12), or (13), title to the property and the right to immediate possession shall vest pursuant to this subsection. Unless an action for injunctive relief has been initiated, title to the property specified in the complaint, together with the right to immediate possession thereof, shall vest in the condemnor upon the filing of the complaint and the making of the deposit in accordance with G.S. 40A‑41."
SECTION 1.(b)  This section applies to the Town of Troy and the Troy Redevelopment Commission when acquiring property for the "Smitherman Village" neighborhood only.
SECTION 2.(a)  The Charter of the Town of Peachland is revised and consolidated to read as follows:
"CHARTER OF THE TOWN OF Peachland.
"ARTICLE I. INCORPORATION, CORPORATE POWERS, AND BOUNDARIES.
"Section 1.1. Incorporation. The Town of Peachland and the inhabitants thereof shall continue to be a municipal body politic and corporate under the name of the 'Town of Peachland', hereinafter at times referred to as the 'Town'.
"Section 1.2. Powers. The Town shall have and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the Town of Peachland 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.
"Section 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 municipal boundaries, shall be maintained permanently in the office of the Town Clerk and shall be available for public inspection. Upon alteration of the corporate limits 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 Anson County Register of Deeds, and the appropriate board of elections.
"ARTICLE II. GOVERNING BODY.
"Section 2.1. Town Governing Body. The Board of Commissioners, hereinafter referred to as the 'Board', and the Mayor shall be the governing body of the Town.
"Section 2.2. Board of Commissioners; Composition; Terms of Office. The Board shall be composed of five members, to be elected by all the qualified voters of the Town, for staggered terms of four years and until their successors are elected and qualified.
"Section 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 and until a successor is elected and qualified. The Mayor shall be the official head of the Town government and shall preside at meetings of the Board. The Mayor 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.
"Section 2.4. Mayor Pro Tempore. In accordance with general law, the Board shall elect one of its members to act as Mayor Pro Tempore to perform the duties of the Mayor during his or her absence or disability.
"Section 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.
"Section 2.6. Quorum; Voting. 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.
"Section 2.7. Compensation; Qualifications for Office; Vacancies. The compensation and qualifications of the Mayor and Commissioners shall be in accordance with general law.
"ARTICLE III. ELECTIONS.
"Section 3.1. Regular Municipal Elections. 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 by a plurality as provided in G.S. 163‑292.
"Section 3.2. Election of Mayor. At the regular municipal election in 2003, and quadrennially thereafter, a Mayor shall be elected to serve a term of four years.
"Section 3.3. Election of Commissioners. At the regular municipal election in 2003, and quadrennially thereafter, two Commissioners shall be elected to four‑year terms. At the regular municipal election in 2005, and quadrennially thereafter, three Commissioners shall be elected to four‑year terms.
"Section 3.4. Special Elections and Referenda. Special elections and referenda may be held only as provided by general law or applicable local acts of the General Assembly.
"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.
"Section 4.1. Form of Government. The Town shall operate under the mayor‑council form of government as provided in Part 3 of Article 7 of Chapter 160A of the General Statutes.
"Section 4.2. 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.
"Section 4.3. 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.
"Section 4.4. Tax Collector. The Board shall appoint a Tax Collector to collect all taxes owed to the Town and perform those duties specified in G.S. 105‑350 and such other duties as prescribed by law or assigned by the Board.
"Section 4.5. Other Administrative Officers and Employees. The Board may authorize other positions to be filled by appointment and may organize the Town government as deemed appropriate, subject to the requirements of general law.
SECTION 2.(b)  The purpose of this section is to revise the Charter of the Town of Peachland and to consolidate herein certain acts concerning the property, affairs, and government of the Town.
SECTION 2.(c)  The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act, are hereby repealed:
Chapter 197, Private Laws of 1895
Chapter 344, Private Laws of 1905
Chapter 43, Private Laws, Extra Session of 1908
Chapter 53, Private Laws, Extra Session of 1908
Chapter 110, Private Laws of 1919
Chapter 38, Private Laws of 1931
Chapter 431, Public‑Local Laws of 1937
Chapter 766, Session Laws of 1947
Chapter 304, Session Laws of 1979.
SECTION 2.(d)  No provision of this section is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):
(1)	Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this section.
(2)	Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any provisions of law repealed by this section.
SECTION 2.(e)  No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(1)	The repeal herein of any act repealing such law, or
(2)	Any provision of this section that disclaims an intention to repeal or affect enumerated or designated laws.
SECTION 2.(f)  All existing ordinances and resolutions of the Town of Peachland and all existing rules or regulations of departments or agencies of the Town of Peachland not inconsistent with the provisions of this section shall continue in full force and effect until repealed, modified, or amended.
SECTION 2.(g)  No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this section by or against the Town of Peachland or any of its departments or agencies shall be abated or otherwise affected by the adoption of this section.
SECTION 2.(h)  If any part of this section or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
SECTION 2.(i)  Whenever a reference is made in this section to a particular provision of the General Statutes and such provision is later amended, repealed, or superceded, the reference shall be deemed amended to refer to the amended General Statute or to the General Statute that most nearly corresponds to the statutory provision amended, repealed, or superceded.
SECTION 3.(a)  The Charter of the Town of Polkton is revised and consolidated to read as follows:
"CHARTER OF THE TOWN OF Polkton.
"ARTICLE I. INCORPORATION, CORPORATE POWERS, AND BOUNDARIES.
"Section 1.1. Incorporation. The Town of Polkton and the inhabitants thereof shall continue to be a municipal body politic and corporate under the name of the 'Town of Polkton', hereinafter at times referred to as the 'Town'.
"Section 1.2. Powers. The Town shall have and may exercise all of the powers, duties, rights, privileges, and immunities conferred upon the Town of Polkton 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.
"Section 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 municipal boundaries, shall be maintained permanently in the office of the Town Clerk and shall be available for public inspection. Upon alteration of the corporate limits 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 Anson County Register of Deeds, and the appropriate board of elections.
"ARTICLE II. GOVERNING BODY.
"Section 2.1. Town Governing Body. The Board of Commissioners, hereinafter referred to as the 'Board', and the Mayor shall be the governing body of the Town.
"Section 2.2. Board of Commissioners; Composition; Terms of Office. The Board shall be composed of five members, to be elected by all the qualified voters of the Town, for terms of two years and until their successors are elected and qualified.
"Section 2.3. Mayor; Term of Office; Duties. The Mayor shall be elected by all the qualified voters of the Town for a term of two years and until a successor is elected and qualified. The Mayor shall be the official head of the Town government and shall preside at meetings of the Board. The Mayor 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.
"Section 2.4. Mayor Pro Tempore. In accordance with general law, the Board shall elect one of its members to act as Mayor Pro Tempore to perform the duties of the Mayor during his or her absence or disability.
"Section 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.
"Section 2.6. Quorum; Voting. 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.
"Section 2.7. Compensation; Qualifications for Office; Vacancies. The compensation and qualifications of the Mayor and Commissioners shall be in accordance with general law.
"ARTICLE III. ELECTIONS.
"Section 3.1. Regular Municipal Elections. 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 by a plurality as provided in G.S. 163‑292.
"Section 3.2. Election of Mayor. At the regular municipal election in 2003, and biennially thereafter, a Mayor shall be elected to serve a term of two years.
"Section 3.3. Election of Commissioners. At the regular municipal election in 2003, and biennially thereafter, five Commissioners shall be elected to two‑year terms.
"Section 3.4. Special Elections and Referenda. Special elections and referenda may be held only as provided by general law or applicable local acts of the General Assembly.
"ARTICLE IV. ORGANIZATION AND ADMINISTRATION.
"Section 4.1. Form of Government. The Town shall operate under the mayor‑council form of government as provided in Part 3 of Article 7 of Chapter 160A of the General Statutes.
"Section 4.2. 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.
"Section 4.3. 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.
"Section 4.4. Tax Collector. The Board shall appoint a Tax Collector to collect all taxes owed to the Town and perform those duties specified in G.S. 105‑350 and such other duties as prescribed by law or assigned by the Board.
"Section 4.5. Other Administrative Officers and Employees. The Board may authorize other positions to be filled by appointment and may organize the Town government as deemed appropriate, subject to the requirements of general law.
SECTION 3.(b)  The purpose of this section is to revise the Charter of the Town of Polkton and to consolidate herein certain acts concerning the property, affairs, and government of the Town.
SECTION 3.(c)  The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act, are hereby repealed:
Chapter 936, Session Laws of 1969, other than Section 34.
SECTION 3.(d)  No provision of this section is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):
(1)	Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this section.
(2)	Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any provisions of law repealed by this section.
SECTION 3.(e)  No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(1)	The repeal herein of any act repealing such law, or
(2)	Any provision of this section that disclaims an intention to repeal or affect enumerated or designated laws.
SECTION 3.(f)  All existing ordinances and resolutions of the Town of Polkton and all existing rules or regulations of departments or agencies of the Town of Polkton not inconsistent with the provisions of this section shall continue in full force and effect until repealed, modified, or amended.
SECTION 3.(g)  No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this section by or against the Town of Polkton or any of its departments or agencies shall be abated or otherwise affected by the adoption of this section.
SECTION 3.(h)  If any part of this section or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.
SECTION 3.(i)  Whenever a reference is made in this section to a particular provision of the General Statutes and such provision is later amended, repealed, or superceded, the reference shall be deemed amended to refer to the amended General Statute or to the General Statute that most nearly corresponds to the statutory provision amended, repealed, or superceded.
SECTION 4.  Section 2 of Chapter 291 of the 1993 Session Laws, as amended by Chapter 381 of the 1995 Session Laws, S.L. 1997‑218, S.L. 2002‑127, and S.L. 2003‑240, reads as rewritten:
"Sec. 2. This act applies to the Cities of Durham, Greensboro, Hickory, Lenoir, Monroe, Raleigh, Winston‑Salem, and the Town of Yadkinville only. This act shall also apply to the City of Wilmington, but only as to the area in the central business district as defined in that City's zoning ordinance as of June 1, 1997."
SECTION 5.  This act is effective when it becomes law, but Section 1 expires July 1, 2008.