1963 session laws – Ch. 115 Sec. 1

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CHAPTER 115 AN ACT TO REVISE AND RE-STATE THE CHARTER OF THE CITY OF LUMBERTON. The General Assembly of North Carolina do enact:

The Charter of the City of Lumberton is hereby revised and re-stated to read as follows: THE CHARTER OF THE CITY OF LUMBERTON ARTICLE I. ORGANIZATION AND GENERAL POWER: BOUNDARIES Section 1 CORPORATE POWERS: The City of Lumberton shall continue to be a body politic and corporate under the name and style of City of Lumberton. Under that name, it shall continue to be vested with all property and rights of property which now belong to the corporation; shall have perpetual succession; may have a common seal and alter and renew at pleasure; may sue and be sued; may contract and be contracted with; may acquire and hold property, real and personal; as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of same, and make use of said property and from time to time, may change or alter the use of any property owned by it in fee simple to any other use as in the opinion of its governing body public necessity and convenience may require; and may accept and hold title to any property devised, bequeathed, sold or in any manner conveyed or dedicated to it upon any trust or conditional use for public purposes, and, in the exercise of its corporate powers, may carry out the public trusts, conditions and purposes under which any property may be so acquired by it; and shall have such other powers, functions, right, privileges and immunities as shall be provided for by this Charter, or if this Charter makes no provision, as may be provided, now or hereafter, by the general laws of the State of North Carolina pertaining to municipalities. 124 Section 2 CITY BOUNDARIES (a) EXISTING CITY BOUNDARIES: The corporate limits of the City of Lumberton shall be as follows until changed as provided by law: Beginning at a stake in the run of Meadow Branch, said stake being 430 feet at right angles westwardly from the center line of the new U. S. Highway No. 301 By-Pass, and runs thence as Meadow Branch the following courses and distances: South 57 degrees and 37 minutes East 122.1 feet; South 55 degrees and 29 minutes East 200 feet; South 37 degrees and 3 minutes East 270 feet; South 37 degrees and 18 minutes East 522.9 feet; South 37 degrees and 56 minutes East 498.7 feet to a point in the center line of Meadow Branch Canal and said point also being located in the center line of Polecat Branch extended and runs thence with the run of Polecat Branch the following courses and distances: North 58 degrees 47 minutes East 51 feet; South 47 degrees 17 minutes East 26.9 feet; North 66 degrees 46 minutes East 73.8 feet; South 88 degrees 27 minutes East 101.5 feet; South 69 degrees 48 minutes East 145.5 feet; South 36 degrees 17 minutes East 19.5 feet; South 62 degrees 44 minutes East 53.3 feet; South 79 degrees 56 minutes East 127 feet; North 89 degrees 28 minutes East 265.3 feet; North 61 degrees 34 minutes East 95.3 feet; South 79 degrees 23 minutes East 114.3 feet; South 39 degrees 36 minutes East 81.2 feet; South 82 degrees 24 minutes East 38.6 feet; North 64 degrees 20 minutes East 55.1 feet; North 82 degrees 19 minutes East 43.6 feet; South 72 degrees 16 minutes East 53.5 feet; South 89 degrees 9 minutes East 49.2 feet; North 88 degrees 5 minutes East 60 feet; North 75 degrees 21 minutes East 180.4 feet; South 49 degrees 1 minute East 59.3 feet; South 39 degrees 26 minutes East 123.2 feet; South 44 degrees 12 minutes East 113.6 feet to a stake in Polecat Branch, said stake being a corner of the W. D. Linkhaw-Hector MacLean lands, thence leaving the branch and running with the Linkhaw-MacLean line North 23 degrees and 30 minutes East 710.1 feet to a stake, thence with the Linkhaw-MacLean line North 64 degrees and 29 minutes West 1156 feet to a stake, thence still with the MacLean-Linkhaw line North 26 degrees and 28 minutes East 2117.6 feet to a stake in the run of Iveys Branch, thence leaving the MacLean line and running with Iveys Branch South 79 degrees and 58 minutes East 1148.4 feet to a stake in Iveys Branch, said stake being 39 feet right angles West of the West edge of the 20-foot pavement on U. S. Highway No. 301A, thence parallel with and 39 feet at right angles West of the West edge of said pavement South 3 degrees and 4 minutes West 226.34 feet to a stake in a field, thence crossing U. S. Highway No. 301A and running to and with the North property line of the lands of the Lumberton City Schools South 86 degrees and 56 minutes East 947.63 feet to an iron stake in the West edge of the bottom of a drainage canal, thence with the canal South 61 degrees and 13 minutes East 1011.2 feet to a point in said canal, said point being marked by an iron stake on the South bank of the canal, thence leaving the canal and running South 21 degrees and 2 minutes West 1014 feet to an iron stake, said iron stake being 65 feet at right angles North of the Southern Bell Telephone & Telegraph toll line, thence parallel with and 65 feet at right angles North of the pole 125 line of said telephone toll line North 68 degrees and 0 minutes West 1551 feet to an iron stake, said stake being 18 feet at right angles East of the East edge of the asphalt pavement on U. S. Highway No. 301A, thence parallel with and 18 feet at right angles East of the East edge of the 22foot asphalt pavement on U. S. Highway No. 301A South 38 degrees and 4 minutes West 132.66 feet to a stake in Polecat Branch, thence North 89 degrees and 37 minutes West 43.35 feet to a stake on the West shoulder of U. S. Highway No. 301A, thence North 65 degrees and 22 minutes West 38.4 feet to a stake in the run of Polecat Branch, said stake being 50 feet at right angles West of the center line of said highway; thence with the West right-of-way line of said highway and parallel with the center line thereof, South 3 degrees 4 minutes West 952.4 feet to a point in said right-of-way line; thence with the curved western right-of-way line of said highway the following courses and distances: South 3 degrees 29 minutes West 100 feet; South 7 degrees 7 minutes West 100 feet; South 11 degrees 10 minutes West 100 feet; South 15 degrees 16 minutes West 100 feet; South 19 degrees 16 minutes West 100 feet; and South 21 degrees 57 minutes West 49.8 feet; thence still with the western right-of-way line of U. S. Highway No. 301A and parallel with and 50 feet at right angles West of the center line of said Highway, South 22 degrees 6 minutes West 1,024 feet to a point in the center line of Meadow Branch Canal; thence with the run of said Meadow Branch Canal the following courses and distances: South 66 degrees 36 minutes East 150 feet; South 20 degrees and 5 minutes East 284 feet; South 20 degrees and 42 minutes East 120.1 feet; South 19 degrees and 17 minutes East 149.5 feet; South 20 degrees and 59 minutes East 240 feet; South 19 degrees and 56 minutes East 238.3 feet; South 77 degrees and 37 minutes East 76.6 feet; South 33 degrees and 6 minutes East 544.6 feet; South 30 degrees and 9 minutes East 129.1 feet; South 33 degrees and 55 minutes East 387.5 feet; South 87 degrees and 58 minutes East 175 feet and South 86 degrees and 57 minutes East 77.4 feet to a stake in the run of Meadow Branch; thence leaving the run of Meadow Branch and running to and with the center line of a graded road North 26 degrees and 35 minutes East 1586.8 feet to a point in the bend of said road; thence continuing with said road South 80 degrees and 40 minutes East 409.7 feet to a point in the road; thence still with the road North 76 degrees and 15 minutes East 520.4 feet to a point in said road; thence as said road South 89 degrees and 2 minutes East 194.6 feet to a point in said road opposite a ditch; thence to and with said ditch North 0 degrees and 11 minutes East 1164.2 feet to a stake in the bottom of said ditch, said stake being in the intersection of the above referred to ditch with an intersecting ditch; thence as said intersecting ditch South 76 degrees and 40 minutes East 638.9 feet to a stake in the ditch; thence South 72 degrees and 27 minutes East 150.1 feet to a stake in the ditch; thence with and beyond said ditch South 72 degrees and 0 minutes East 112.6 feet to a stake, corner of a tract of land owned by Lee Vernon Rogers; thence with the Rogers line South 70 degrees and 28 minutes East 115.5 feet to an iron stake in the Gavintown Road; thence South 70 degrees and 28 minutes East 205.5 feet to a stake in a field; thence parallel with and 126 200 feet at right angles East of the Gavintown Road the following courses and distances: South 6 degrees and 13 minutes West 1480.8 feet; South 4 degrees and 0 minutes East 142.3 feet; South 13 degrees and 3 minutes East 184.1 feet and South 5 degrees and 3 minutes West 234.7 feet crossing N. C. Highway No. 41 to a stake on the South side of said highway, said stake being 50 feet at right angles from the center line of said highway; thence parallel with and 50 feet at right angles from the center line of said N. C. Highway No. 41 the following courses and distances: South 85 degrees and 57 minutes West 94.9 feet; South 82 degrees and 45 minutes West 108.4 feet; South 79 degrees and 57 minutes West 86.5 feet; South 76 degrees and 53 minutes West 97.3 feet and South 74 degrees and 20 minutes West 71.9 feet to a point in a graded road, said point being 50 feet at right angles South of the center line of N. C. Highway No. 41; thence as said graded road South 16 degrees and 44 minutes East 357.3 feet to a point in said road; thence continuing with said road South 5 degrees and 27 minutes West 668.9 feet to a point in the road; thence as the road South 6 degrees and 7 minutes West 1166.8 feet to a point in the road; thence still with said road South 9 degrees and 28 minutes West 320.7 feet to a point in the road; thence leaving said road and running South 40 degrees and 58 minutes East 1485.4 feet to a stake in a grove of woods; thence parallel with and 135 feet East of the center line of Linwood Avenue extended (said 135 feet being measured at right angles to the center line of said Avenue) South 23 degrees and 21 minutes West 989.3 feet to an iron stake in a field, said iron stake being 405 feet at right angles North of the center line of 7th Street extended; thence parallel with and 405 feet at right angles to the center line of 7th Street extended; South 85 degrees 45 minutes East 716.4 feet to a stake; thence North 2 degrees 15 minutes East 1230 feet to a stake; thence South 86 degrees East 507 feet to a stake; thence South 5 degrees 30 minutes West 496 feet to a stake; thence South 85 degrees 30 minutes East 1110 feet to a stake; thence South 51 degrees 30 minutes East 686 feet to a stake in what is known as the Paul Harrill Road; thence with the said Paul Harrill Road, South 50 degrees 3 minutes West 1034.9 feet to a center line of 7th Street extended; thence along the center line of 7th Street extended South 85 degrees and 45 minutes East 81.2 feet to a point, thence leaving said 7th Street extended and running to, with and beyond a ditch South 38 degrees and 24 minutes East 697.47 feet to a point, said point being South of the center line of 7th Street extended and 513 feet at right angles from the center line thereof; thence parallel with and 513 feet at right angles from the center line of said Street North 85 degrees and 45 minutes West 1917.25 feet to a stake; thence at right angles South 4 degrees and 15 minutes West 1238.2 feet to a stake in the bottom of a ditch; thence as said ditch the following courses and distances: South 68 degrees and 53 minutes East 88.7 feet; South 54 degrees and 45 minutes East 83.7 feet; South 46 degrees and 8 minutes East 275.5 feet; South 69 degrees and 22 minutes East 107.6 feet; South 77 degrees and 7 minutes East 210.2 feet; South 68 degrees and 37 minutes East 123.2 feet; North 84 degrees and 9 minutes East 95.7 feet; South 45 degrees and 0 minutes East 111.9 127 feet; South 50 degrees and 24 minutes East 588.2 feet and South 62 degrees and 28 minutes East 194.9 feet to a point in a road; thence South 7 degrees and 40 minutes West 561.7 feet to an iron stake in the West edge of a road, said iron stake being 138 feet at right angles North of the center line of the Warwick Mill Road; thence parallel with and 138 feet at right angles North of the center line of the old Warwick Mill Road South 78 degrees and 45 minutes East 1017.6 feet to a point; thence South 73 degrees and 26 minutes East 171.3 feet to a point; thence South 10 degrees and 20 minutes West 109.7 feet to an iron stake on the North side of the Warwick Mill Road, said iron stake being 30 feet at right angles North of the center line of said road, thence parallel with and 30 feet at right angles North of the center line of said Warwick Mill Road the following courses and distances: South 65 degrees and 24 minutes East 109.75 feet; South 58 degrees and 23 minutes East 103.37 feet; and South 53 degrees and 30 minutes East 648.75 feet to an iron stake on the North side of and 30 feet at right angles from the center line of said road, thence crossing said road and running parallel with and 37 feet at right angles East of the East wall of a tobacco warehouse as now exists South 35 degrees and 1 minute West 704.8 feet to an iron stake on the South side of N. C. Highway No. 211, said iron stake being 30 feet at right angles South of the center line of said highway, thence parallel with and 30 feet at right angles South of the Center line of N. C. Highway No. 211 North 54 degrees and 19 minutes West 947.3 feet to a stake; thence parallel with and 30 feet at right angles from the center line of said highway to and with the northern line of the Cooperative Warehouse North 54 degrees and 19 minutes West 536.5 feet to an iron stake in a ditch; thence with the ditch South 47 degrees and 36 minutes West 90.9 feet to an iron stake in the ditch; thence to, with and beyond the North line of an unnamed street crossing U. S. Highway No. 74 North 78 degrees and 9 minutes West 1156.7 feet to a stake on the North side of a narrow graded road; thence South 10 degrees and 33 minutes West 1066.6 feet to a point in the center of the old Whiteville Road; thence crossing the S.A.L. Railroad South 39 degrees and 21 minutes West 1352.3 feet to an old iron pipe set in concrete in the Bullard Road, said iron pipe being a corner of the Williams and Bullard lands; thence as the Williams and Bullard line South 48 degrees and 40 minutes West 1183.8 feet to a point in the center line of the V&CS Railroad spur track leading to the Carolina Power and Light Companys Hydro-Electric Plant; thence as said spur track the following courses and distances: North 50 degrees and 19 minutes West 312.8 feet; North 46 degrees and 49 minutes West 260.8 feet; North 43 degrees and 43 minutes West 147 feet; North 41 degrees and 31 minutes West 1137.4 feet; North 37 degrees and 32 minutes West 133.3 feet; North 31 degrees and 1 minute West 154.3 feet; North 24 degrees and 37 minutes West 112 feet and North 18 degrees 9 minutes West 131.7 feet to a point in the center line of the V&CS Railroad; thence with the Kenneth McLean-J. L. Williams property line South 62 degrees 35 minutes West 1,423.30 feet to a concrete monument on the North bank of Lumber River by an old mark cypress, said monument being a corner of the J. L. Williams and Kenneth 128 McLean lands, thence up the North bank of Lumber River, the following courses and distances: North 37 degrees and 16 minutes West 49.7 feet; North 61 degrees and 8 minutes West 165.9 feet; North 56 degrees 41 minutes West 194 feet; North 59 degrees and 5 minutes West 272.2 feet; North 51 degrees and 12 minutes West 294.6 feet; North 40 degrees and 0 minutes West 120.4 feet North 49 degrees and 43 minutes West 94.3 feet; and North 31 degrees and 28 minutes West 170.6 feet to an old iron stake by an old marked red oak tree; thence up the East and Northeast bank of Lumber River the following courses and distances; North 28 degrees and 32 minutes West 300.1 feet; North 25 degrees and 9 minutes West 144.5 feet; North 17 degrees and 12 minutes West 241.3 feet; North 36 degrees and 44 minutes West 181.8 feet; North 61 degrees and 38 minutes West 124.7 feet; North 86 degrees and 51 minutes West 137 feet; South 40 degrees and 25 minutes West 256.6 feet; South 38 degrees and 8 minutes West 208 feet; North 53 degrees and 11 minutes West 86.6 feet; North 20 degrees and 6 minutes West 144 feet; North 34 degrees and 48 minutes West 139.8 feet; North 51 degrees and 21 minutes West 205.1 feet; South 48 degrees and 28 minutes West 95 feet; South 54 degrees and 53 minutes West 241.8 feet; North 74 degrees and 2 minutes West 43.5 feet; North 31 degrees and 11 minutes West 99 feet; North 24 degrees and 26 minutes West 86.4 feet; North 76 degrees and 8 minutes West 160.9 feet; South 37 degrees and 20 minutes West 113.6 feet; South 12 degrees and 55 minutes West 77.1 feet; South 14 degrees and 41 minutes West 129.4 feet; South 81 degrees and 14 minutes West 198.9 feet; North 177 degrees and 22 minutes West 120.6 feet; North 38 degrees and 57 minutes East 107.1 feet; North 46 degrees and 52 minutes East 103.3 feet; North 11 degrees and 44 minutes West 126.1 feet; North 51 degrees and 45 minutes West 120.1 feet; North 78 degrees and 50 minutes West 478.5 feet and South 68 degrees and 53 minutes West 480 feet to a stake on the East bank of Lumber River opposite the mouth of the Gum Branch Canal; thence crossing said Lumber River North 88 degrees and 53 minutes West 198.1 feet to a point in Gum Branch Canal; thence up Gum Branch Canal the following courses and distances: North 82 degrees and 54 minutes West 1008.2 feet; South 81 degrees and 6 minutes West 59 feet; South 55 degrees and 38 minutes West 229 feet; thence crossing the Lovett Road South 51 degrees and 32 minutes West 1302.7 feet; South 80 degrees and 17 minutes West 111.3 feet; North 82 degrees and 46 minutes West 438 feet; North 80 degrees and 47 minutes West 341.7 feet; North 81 degrees and 56 minutes West 272 feet; thence crossing the Fairmont Road (N. C. Highway No. 41) North 82 degrees and 15 minutes West 402.2 feet; North 81 degrees and 25 minutes West 432.2 feet; North 81 degrees and 49 minutes West 281.1 feet and North 58 degrees and 57 minutes West 71.3 feet to a point in Gum Branch Canal; thence North 38 degrees and 23 minutes East 845.6 feet to a stake, said stake being in the line of Project No. N. C. 14-1 of the Housing Authority of the City of Lumberton; thence as said Housing Authority line North 38 degrees and 57 minutes West 120.5 feet; thence South 65 degrees and 5 minutes West 278.52 feet to a concrete monument, a corner of the Housing Authority lands, thence con- 129 tinuing the said Housing Authority line North 0 degrees and 28 minutes West 600.25 feet to a concrete monument; thence North 83 degrees and 25 minutes East along the Housing Authority line 282.3 feet to a stake; thence South 89 degrees and 29 minutes East 490.9 feet to a stake; thence North 7 degrees and 48 minutes East 124.5 feet to a stake; thence South 61 degrees and 10 minutes East 96.1 feet to a stake, said stake being a corner of the aforesaid Housing Authority lands; thence leaving said Housing Authority lands and running North 38 degrees and 23 minutes East 400.5 feet to a stake in the South line of Side Street in the Knuckles Park subdivision; thence North 64 degrees and 25 minutes West along the South line of Side Street, crossing the Biggs Road 1150 feet to a point 215 feet from the center of said Biggs Road (the 215 feet being measured at right angles to the Biggs Road); thence North 70 degrees and 35 minutes Hast parallel with and 215 feet from the center of the Biggs Road 1850 feet to a point in the East line of R. H. Nye and West line of the Campbell subdivision; thence North 5 degrees and 47 minutes East with the Nye-Campbell line 870 feet to an iron stake, corner of the Timbuktu subdivision; thence North 5 degrees and 2 minutes East with the Nye-Timbuktu line 723.3 feet to a stake by a stone monument, said stake being in the South right-of-way line of the S. A. L. Railroad; thence parallel with and 100 feet at right angles South of the center line of S. A. L. Railroad North 64 degrees and 6 minutes West 335 feet to a stake in the South line of S. A. L. Railroad, said stake being 100 feet at right angles South of the center line of said railroad; thence at right angles North 25 degrees and 54 minutes East 200 feet to a stake in the North right-of-way line of said railroad; thence parallel with and 100 feet at right angles North of the center line of said railroad North 64 degrees and 6 minutes West 3,711.50 feet to a stake in the North line of said railroad; said stake being 100 feet at right angles North of the center line of said railroad; thence at right angles South 25 degrees and 54 minutes West 200 feet to a stake in the South right-ofway line of the 8 A. L. Railroad, said stake being 100 feet at right angles South of the center line of said railroad; thence South 4 degrees and 53 minutes West 804.6 feet to a stake in the East edge of a ditch; thence with a second ditch and the North line of the West Lumberton School and beyond North 64 degrees and 6 minutes West 794.2 feet to a stake on the West side of the road leading to the West Lumberton School; thence along the West side of said road; South 3 degrees and 41 minutes East 420.9 feet to a stake on the West side of said road; thence still along the West side of the road South 3 degrees and 44 minutes West 249.2 feet to a stake on the West side of said road; thence leaving the road and running North 87 degrees and 14 minutes West 771.3 feet to a stake near and on the outside of the wire mesh fence around the Lumberton Junior Chamber of Commerce fair grounds; thence outside of said wire mesh fence North 4 degrees and 40 minutes East 267.6 feet to a point in a canal; thence with the canal, North 54 degrees and 37 minutes West 534.8 feet to a stake in the edge of the road crossing said canal; thence crossing said road and running to and with the said canal, South 88 degrees and 44 minutes West 429 feet to a point in said canal; thence South 11 degrees and 54 minutes 130 West 909.7 feet to a stake West of and on the outside of the wire mesh fence around the Lumberton Junior Chamber of Commerce fair grounds; thence South 65 degrees and 7 minutes West 772.8 feet to a stake in a pasture; then South 65 degrees and 32 minutes West 803.7 feet to a stake on the West side of a farm road; thence South 72 degrees and 44 minutes West 2,703.10 feet to a stake in the East line of the Lumberton Municipal Airport; thence with the line of the Lumberton Municipal Airport the following courses and distances: South 38 degrees and 4 minutes West 180.3 feet; South 86 degrees and 35 minutes East 56.9 feet; thence South 41 degrees and 56 minutes East 587.7 feet; thence South 48 degrees 4 minutes West 338.3 feet; South 19 degrees and 9 minutes East 3,133.30 feet; South 70 degrees and 49 minutes West 1,914.90 feet; North 43 degrees and 38 minutes West 990.7 feet; South 71 degrees and 47 minutes West 1,756.30 feet; North 75 degrees and 36 minutes West 153.3 feet; North 62 degrees and 1 minute West 1,197.80 feet; North 48 degrees and 4 minutes East 2,348.80 feet; North 18 degrees and 6 minutes West 640.1 feet; North 52 degrees and 7 minutes West 1011.2 feet; North 37 degrees and 53 minutes East 810.3 feet; North 89 degrees and 438 minutes East 426.6 feet and North 74 degrees and 34 minutes East 11.6 feet to a stake in a ditch on the East side of an old tram road, said stake being in the Hargrave-Lumberton Municipal Airport property line; thence leaving the Lumberton Municipal Airport property line and running with and beyond the ditch on the East side of the old tram road North 5 degrees and 42 minutes East 1097.4 feet to a point in the center line of U. S. Highway 301-A; thence leaving the center line of said highway North 38 degrees and 43 minutes West 24.66 feet to a stake on the North side of said highway; thence running to and with a ditch on the West side of the Carlton Motel North 0 degrees and 56 minutes East 144.1 feet to a stake in said ditch; thence with and beyond said ditch North 7 degrees and 12 minutes West 295.2 feet to an iron stake in the center line of U. S. Highway No. 301-By-Pass; thence leaving the center line of said highway and running North 39 degrees and 54 minutes West 130 feet to a stake in a ditch in the North right-of-way line of U. S. Highway No. 301-By-Pass; thence with the North right-of-way line of said Highway No. 301-By-Pass and 130 feet at right angles North of the center line thereof, North 50 degrees and 48 minutes East 1.59 feet to a stake; thence with the North right-of-way line of said U. S. Highway No. 301-By-Pass and 180 feet at right angles North of the center line thereof the following courses and distances: North 51 degrees and 42 minutes East 103.41 feet; North 53 degrees and 16 minutes East 103.41 feet; North 54 degrees and 24 minutes East 103.41 feet; North 55 degrees and 44 minutes East 103.41 feet; North 57 degrees and 25 minutes East 103.41 feet; North 59 degrees and 7 minutes East 103.41 feet; North 60 degrees and 44 minutes East 103.41 feet; North 61 degrees and 58 minutes East 103.41 feet; North 63 degrees and 10 minutes East 103.41 feet; North 65 degrees and 2 minutes East 103.41 feet; North 66 degrees and 18 minutes East 103.41 feet; North 67 degrees and 52 minutes East 103.41 feet; North 69 degrees and 59 minutes East 103.41 feet; North 71 degrees and 18 minutes East 103.41 feet; North 72 degrees 131 and 5 minutes East 103.41 feet; North 74 degrees and 19 minutes East 103.41 feet; North 75 degrees and 21 minutes East 103.41 feet; North 77 degrees and 9 minutes East 103.41 feet and North 77 degrees and 24 minutes East 36.19 feet to a point in the North right-of-way of U. S. Highway No. 301-By-Pass, said point being 130 feet at right angles of the center line of said highway; thence still with the North line of said highway, parallel with and 130 feet at right angles North of the center line of said highway North 77 degrees and 55 minutes East 1,771:5 feet to a stake in the North line of said highway, said stake being 130 feet at right angles North of the center line thereof; thence at right angles North 12 degrees and 5 minutes West 300 feet to a point, said point being 430 feet at right angles North of the center line of said U. S. Highway No. 301-By-Pass, thence parallel with and 430 feet at right angles North of the center line of U. S. Highway No. 301-By-Pass, the following courses and distances: North 76 degrees and 47 minutes East 96.2 feet; North 76 degrees and 57 minutes East 96.2 feet; North 77 degrees East 96.2 feet; North 75 degrees and 54 minutes East 96.2 feet; North 76 degrees and 9 minutes East 96.2 feet; North 74 degrees East 96.2 feet; North 74 degrees 96.2 feet; North 74 degrees East 96.2 feet; North 72 degrees and 55 minutes East 96.2 feet; North 72 degrees and 12 minutes East 96.2 feet; North 72 degrees East 96.2 feet; North 71 degrees and 13 minutes East 96.2 feet; North 71 degrees and 19 minutes East 96.2 feet; North 70 degrees and 43 minutes East 96.2 feet; North 69 degrees and 44 minutes East 96.2 feet; North 69 degrees and 23 minutes East 96.2 feet; North 68 degrees and 47 minutes East 96.2 feet; North 68 degrees and 17 minutes East 96.2 feet; North 68 degrees and 35 minutes East 96.2 feet; North 67 degrees and 10 minutes East 96.2 feet; North 66 degrees and 55 minutes East 96.2 feet; North 66 degrees and 38 minutes East 96.2 feet; North 65 degrees and 17 minutes East 96.2 feet; North 65 degrees and 36 minutes East 96.2 feet; North 65 degrees East 96.2 feet; North 64 degrees and 43 minutes East 96.2 feet; North 64 degrees and 8 minutes East 96.2 feet; and North 64 degrees and 12 minutes East 18.3 feet to a point 430 feet at right angles North of the center line of U. S. Highway No. 301-ByPass, thence parallel with and 4380 feet at right angles North of the center line of U. S. Highway No. 301-By-Pass North 63 degrees and 31 minutes East 4,644.10 feet to an iron stake on the North bank of Lumber River, said iron stake being 430 feet at right angles northwest of the center line of the new U. S. Highway No. 301-By-Pass now under construction; thence parallel with and 430 feet at right angles northwest of the center line of said highway North 64 degrees and 15 minutes East 1528 feet to a point, said point being 430 feet at right angles from the center line of the above-mentioned highway; thence 430 feet at right angles from the center line of said highway now under construction the following courses and distances: North 58 degrees and 44 minutes East 1312.8 feet; North 51 degrees and 10 minutes East 553.5 feet; North 45 degrees and 59 minutes East 761.6 feet; North 39 degrees and 57 minutes East 768.8 feet; North 35 degrees and 48 minutes East 373.8 feet; North 32 degrees and 8 minutes East 393 feet; North 31 degrees and 12 minutes East 82.5 feet; 132 North 28 degrees and 52 minutes East 462.8 feet; North 23 degrees ana 55 minutes East 769.6 feet; North 19 degrees and 52 minutes East 294.6 feet to a point, said point being 430 feet at right angles northwest of the center line of said highway; thence parallel with and 430 feet at right angles northwest from the center line of said highway North 18 degrees and 25 minutes East 132.5 feet to a stake on the northeast side of N. C. Highway No. 211, said stake being 430 feet at right angles West of the center line of U. S. Highway No. 301-By-Pass, and runs thence with the property line of the Greenbrier Motel North 86 degrees and 32 minutes West 2.1 feet to an old concrete highway right-of-way monument, said monument being 50 feet at right angles northeast of the center line of N. C. Highway No. 211, thence parallel with and 50 feet at right angles northeast of the center line of said N. C. Highway No. 211 North 35 degrees and 46 minutes West 265.15 feet to an iron stake, said iron stake being a corner between the lands of the Greenbrier Motel and O. C. Norment, thence with the Norment and Greenbrier Motel line North 44 degrees and 2 minutes East 501.2 feet to an iron stake, thence North 18 degrees 25 minutes East 248 feet to a stake in the run of Meadow Branch the point of beginning. (b) EXTENSION OF CITY BOUNDARIES: The General Statutes of North Carolina shall govern all extensions to the City boundaries. (c) CITY MAPS: Whenever deemed necessary by the City Council, said Council may authorize some competent civil engineer to make a map of the City of Lumberton, reflecting the boundaries set forth herein, or such boundaries as may prevail at the time of said order pursuant to any extension of boundaries hereafter made, which said map, when approved and adopted by the City Council at the regular meeting thereof, and when signed by the engineer, the City Manager and the City Clerk and Treasurer, and sealed with the corporate seal of said city, and acknowledged by said engineer before the Clerk of the Superior Court of Robeson County, and recorded in the office of the Register of Deeds of Robeson County, shall be from the date of such recordation the official map of the City of Lumberton, and the original or the recorded copy shall be received in evidence as prima-facie evidence of the TRUE location of all lots, streets, squares, lines and boundaries within the corporate limits of the City of Lumberton as are contained in said map; and said map shall be received as primafacie evidence thereof by all the courts of this State in all matters and disputes concerning the same. In any suit or controversy involving the TRUE location of the lots, streets, squares, lines and boundaries of the City of Lumberton up to and including September 4, 1894, the map signed by Joseph McRae, Willington Wishart and E. K. Proctor, Jr. dated September 4, 1894, witnessed by S. W. Bennette, and duly approved and adopted at a regular meeting of the Board of Commissioners of the Town of Lumberton held on November 7, 1894, shall be received by all the courts of this State as prima-facie evidence of the TRUE location of the original corners and lines, and of the corners and lines of the lots, streets, squares, lines and boundaries of the City of Lumberton as they existed up to and including September 4, 1894, and 133 the recorded copy of said map shall be received in evidence to the same extent as the original. Likewise, in all suits or controversies involving the TRUE location of the lots, streets, squares, lines and boundaries of the City of Lumberton up to and including November 1, 1904, the map made by J. D. Purcell, bearing date November 1, 1904, and duly approved and adopted by the Mayor and Board of Commissioners of the Town of Lumberton at a regular meeting of said board held on May 2, 1905, shall be received by all the courts of this State as prima-facie evidence of the TRUE location of all lots, corners, streets, squares, lines and boundaries within the corporate limits of the City of Lumberton, as are contained on said map as they existed up to and including November 1, 1904, and the recorded copy of said map shall be received in evidence to the same extent as the original. Wherever in this Section the words recorded copy are used, the same shall be construed to mean the copy of said map or maps of record in the office of the Register of Deeds of Robeson County. ARTICLE II. MUNICIPAL GOVERNMENT: Section 1 GOVERNING BODYMAYOR AND CITY COUNCIL: The government of the city and the general management and control of its affairs shall be vested in a city council, which shall be composed of seven councilmen together with the mayor, who shall vote only in case of a tie; the mayor shall be elected from the City at large by the voters at large in the manner hereinafter set forth. One councilman shall be elected from each ward or precinct in the City by the voters at large in the manner hereinafter set forth. Section 2 INITIAL COUNCILMENTERMS OF OFFICE: From and after the ratification and adoption of the Charter by the General Assembly of North Carolina, the following persons, together with the mayor as herein provided, shall compose the City Council: F. K. Biggs, Jr., James W. Payne, James F. Phillips, Rufus W. Goodyear, Horace Phillips and E. B. Turner. (a) TERMS OF OFFICE: F. K. Biggs, Jr., James W. Payne, and James F. Phillips shall each serve a term beginning with the ratification of this Charter and ending on the first Monday in May, 1965, or when their respective successors are elected and qualified. Rufus W. Goodyear, Horace Phillips and E. B. Turner shall each serve a term beginning with the ratification of this Charter and ending on the first Monday in May, 1963, or until their respective successors are elected and qualified. (b) STATEMENT OF INTENTRATIFICATION OF ACTS: It is the intention of this Charter in connection with the foregoing provisions for the initial City Council of the City of Lumberton to ratify and confirm in office the persons hereinabove named as the duly elected and qualified City Councilmen of the City of Lumberton and to confirm and ratify the results of the primary election held in the City of Lumberton on the 18th day of April, 1961, and the regular election held in said city on the second day of May, 1961, and all acts, transactions and ordinances performed, 134 enacted or adopted by the foregoing persons, acting in the capacity of the City Council of the City of Lumberton from and after the date that said persons assumed office pursuant to the results of the aforementioned elections are hereby ratified, confirmed and declared to be TRUE and valid enactments of the City of Lumberton acting by and through its duly and regularly elected City Council, it being the intention of this amended Charter in respect thereto to clarify and resolve all questions of law relating to whether the foregoing persons were heretofore legally elected to the respective offices for the respective terms herein designated. Section 3 SUCCEEDING COUNCILMEN: QUALIFICATIONS, TERMS AND COMPENSATION: (a) QUALIFICATIONS: No person shall be eligible to be nominated or elected to the office of City Councilman or to serve thereon unless he is a qualified voter and resident of the City of Lumberton. (b) TERMS: On the first Monday in May, 1963, there shall be elected four city councilmen, who shall succeed the aforementioned Rufus W. Goodyear, Horace Phillips and the Reverend E. B. Turner, and who shall serve for terms of two years, beginning the day and hour of the organizational meeting of the Council as hereinafter provided, but they shall continue to serve until their successors are elected and qualified. In the 1963 election one councilman shall be elected from the ward in which Councilman Goodyear resides, one councilman shall be elected from the ward in which Councilman Phillips resides, one councilman shall be elected from the ward in which Councilman Turner resides and one councilman shall be elected from the ward in which no city councilman now resides on the effective date of the Act; such four city councilmen shall be nominated and elected by the voters at large. Thereafter, every two years, there shall be elected seven councilmen who shall serve for terms of two years, beginning the day and hour of the organizational meeting of the Council as hereafter provided, but continuing to serve until their successors are elected and qualified, so that the City Council of the City of Lumberton shall at all times be composed of seven councilmen, together with the Mayor as herein provided. In the elections in 1965 and biennially thereafter, not more than one resident of any one ward of the city shall be nominated for commissioner in any one primary election by any one party and not more than one commissioner from any one ward shall be elected in any one election. The seven persons from different wards receiving the highest number of votes shall be declared elected commissioners and when more than one person from one ward received votes, only the person from such ward who receives the highest number of votes shall be considered in determining the results of the election. (c) COMPENSATION OF COUNCILMEN. Each Councilman, with the exception of the Mayor, shall receive a salary of six hundred dollars ($600.00) per year, payable in quarterly installments. From said salary, there shall be deducted the sum of twenty dollars ($20.00) for each regular meeting of the Council not attended by any member, unless prevented from attendance by illness or other unavoidable cause. Causes for non-attendance at meetings shall be considered and passed upon by the Council, with the 135 non-attending member not voting thereupon, and the Council shall by resolution determine such cause to be unavoidable or not, as the facts may be. The Council may, by a vote of not less than four members, taken by a eall of yeas and nays, increase the salaries of the councilmen to an amount not exceeding one thousand two hundred dollars ($1,200.00) per year, or may reduce such salaries, but no increase shall be made to take effect during the year in which such increase is voted upon. Section 4 INITIAL MAYOR: TERM OF OFFICE (a) INITIAL MAYOR: From and after the ratification of this Charter by the General Assembly of North Carolina, R. A. Hedgpeth shall be the Mayor of the City of Lumberton. (b) TERM OF OFFICE: As Mayor of said City, the said R. A. Hedgpeth shall serve a term beginning with the ratification of this Charter and ending on the first Monday in May, 1965, or when his successor is elected and qualified. (c) STATEMENT OF INTENT: RATIFICATION OF ACTS: It is the intention of this Charter in connection with the foregoing provisions for the initial City Council of the City of Lumberton to ratify and confirm in office R. A. Hedgpeth as the duly elected and qualified Mayor of the City of Lumberton and to confirm and ratify the results of the primary election held in the City of Lumberton on the eighteenth day of April, 1961, and the regular election held in said City on the second day of May, 1961, and all acts and transactions performed or done by the said R. A. Hedgpeth, acting in the capacity of Mayor of the City of Lumberton and ex officio as a city councilman from and after the date of his assumption of office pursuant to the results of the aforementioned elections are hereby ratified, confirmed and declared to be TRUE and valid acts of the duly elected Mayor of the City of Lumberton, it being the intention of this amended Charter in respect thereto to clarify and resolve all questions of law relating to whether the said R. A. Hedgpeth was heretofore legally elected to the office of Mayor for the term herein designated. Section 5 SUCCEEDING MAYORS: QUALIFICATIONS, TERMS AND COMPENSATION (a) QUALIFICATIONS: No person shall be eligible to be nominated or elected to the office of Mayor of the City of Lumberton unless he is a qualified voter and resident of the City of Lumberton. (b) TERMS: On the first Monday in May, 1965, there shall be elected a Mayor of the City of Lumberton, who shall succeed the aforementioned R. A. Hedgpeth and who shall serve for a term of two years, beginning the day and hour of the organizational meeting of the Council as hereinafter provided, but shall continue to serve until his successor is elected and qualified. Thereafter, every two years, a Mayor of the City of Lumberton shall be elected who shall serve for a term of two years beginning the day and hour of the organizational meeting of the Council as hereafter provided, but continuing to serve until his successor is elected and qualified. (c) COMPENSATION OF MAYOR: The Mayor shall receive a salary of one thousand two hundred dollars ($1,200.00) per year, payable in quarterly installments. From said salary, there shall be deducted the sum 136 of twenty dollars ($20.00) for each regular meeting of the Council not attended by the Mayor, unless prevented by illness or other unavoidable cause, such cause to be determined in the same manner and fashion as cause for non-attendance of councilmen. The salary of the Mayor shall not be diminished during the term for which he is elected, but the Council may, by a vote of not less than four members, taken by a call of yeas and nays, increase the salary of the Mayor to an amount not exceeding two thousand four hundred dollars ($2,400.00) per year, such increase to take effect during the next fiscal year following that in which such increase is voted. The Council, by a vote of not less than four members, taken by a call of yeas and nays, may reduce the salary of the Mayor, such reduction to take effect during the next term of office of the Mayor. Section 6 CITY COUNCIL: POWERS AND DUTIES (a) EXERCISE OF CITY POWERS: The City Council shall direct the exercise of all of the powers of the City, except as otherwise provided by this Charter. (b) POWERS OF CITY COUNCIL: In addition to other powers conferred upon it by law, the Council may adopt and provide for the execution of such ordinances, rules, and regulations, not inconsistent with this Charter, as may be necessary or appropriate for the preservation and promotion of the health, comfort, convenience, good order, better government, and general welfare of the City and its inhabitants. Section 7 ORGANIZATION AND PROCEDURES OF THE CITY COUNCIL (a) OATH OF OFFICE: ORGANIZATIONAL MEETING: The organizational meeting of each council shall be held on Monday following the date of election of its members at 2:30 oclock p.m. Before entering upon the duties of their respective officers, the councilmen shall severally take oath before the City Clerk to perform faithfully the duties of their respective offices. The Council shall organize by a choice from its members of a Mayor pro tem, who shall hold his office at the pleasure of the Council. The organization of the Council shall take place notwithstanding the absence, death or refusal to serve or non-election of one or more members; provided, that at least four of the persons entitled to be members are present and taking oath. Any member who shall not be present may take oath at any time thereafter. (b) REGULAR AND SPECIAL MEETINGS: The Council shall fix suitable times for its regular meetings. The Mayor, the Mayor pro tem, or any two members of the Council may at any time call a special meeting by signing a written notice stating the time of the meeting to be delivered to each member or left at his usual dwelling place at least six hours before the meeting. Meetings of the Council may also be held at any time when all members of the Council are present and consent thereto. It shall not be necessary to state in the notice of a special meeting the business to be transacted; and any business may be transacted at a special meeting that might be transacted at a regular meeting. Except where otherwise specifically provided by this Charter, the City Council shall have authority to determine the time and place of Council meetings, to make such pro- 137 visions as it may deem wise relative to regular, special, adjourned and continued meetings, to adopt rules of procedure, and generally to regulate the time, place, manner and method of the exercise of its powers. In the event the Council is authorized or required by law to hold a joint meeting with the governing body of another municipality or political subdivision of the State of North Carolina, it may at its election meet with the other governing body at a designated place within the area subject to the jurisdiction of the other governing body. (c) CONDUCT OF MEETINGS: PRESIDING OFFICER: QUORUM VOTES: ATTENDANCE OF MEMBERS: -1 CONDUCT OF MEETINGS: All meetings of the Council shall be public meetings. The City Council shall not formally vote on any question in private or executive session. All final votes of the City Council involving the expenditure of fifty dollars ($50.00) or more shall be by yeas and nays, and shall be entered on the minutes of the meeting. On request of one member, the vote shall be by yeas and nays and shall be entered upon the minutes. -2 PRESIDING OFFICER: The Mayor, as the official head of the City, if present, shall preside at all meetings of the City Council, but shall have no vote except in case of a tie, and shall have no power of veto. In the absence of the Mayor, the Mayor pro tem of the City Council shall preside, and in the absence of both, a chairman pro tem shall be chosen. -3 QUORUM: A majority of the members of the City Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. -4 VOTES: The Mayor, although ex officio a member of the Council, shall have no vote except in case of a tie, in which case it shall be his duty to break the tie by casting the deciding vote. The affirmative vote of a majority of the members of the Council shall be necessary to adopt an ordinance, or act upon any other matter, but no ordinance shall be adopted on the same date it is introduced unless five members of the Council vote in favor of its adoption. No member shall be excused from voting except on matters involving the consideration of his official conduct or involving his financial interests, and except in such case, his abstention from voting shall be recorded as a negative vote. All final votes of the Council involving the expenditure of fifty dollars ($50.00) or more, or the enactment of ordinances shall be by roll call and shall be entered on the records of the meeting. The Mayor shall announce the results of each vote of the Council. -5 RECORDS OF MEETINGS: CLERK: The City Clerk shall be ex officio Clerk of the City Council and shall keep records of its proceedings. In case of the temporary absence of the Clerk or in case of a vacancy in the office, a temporary clerk shall be appointed who shall be sworn by the Mayor to the faithful discharge of his duties, and who shall act until the City Clerk can be present or is chosen and qualified. -6 PUBLIC HEARINGS: At any public hearing required by an ordinance, law or by any resolution of the Council, if a quorum is not present, 138 the hearing shall be continued until the next regular meeting without further advertisement. The Council may, by majority vote, continue any public hearing without further advertisement. Section 8 ORDINANCES: TERRITORIAL APPLICATION (a) GENERAL: Except as otherwise provided herein, the adoption, amendment, repeal, pleading and proving of ordinances shall be governed by applicable provisions of general law. (b) TERRITORIAL APPLICATION OF ORDINANCES: Any and all ordinances adopted by the City Council by virtue of the police powers vested in them by this Charter, or by the general laws of the State of North Carolina, shall apply to the territory within the corporate limits of said City, as now existing or as hereafter extended pursuant to law, and with the exception of ordinances for the levy of taxes on the poll or property of inhabitants beyond the corporate limits, shall also apply to the territory within one mile beyond said limits in every direction, unless in the ordinance it is otherwise provided. The City Council shall have the power to pass ordinances which shall be effective only in certain districts or sections of the City, or ordinances which may except from their operation any districts or sections of the City, if in the judgment of the City Council the conditions in such sections or districts require them to be included in or excepted from the provisions of any such ordinance. (c) CITY CODE: The City Council may, from time to time, adopt and provide for the publication of a codification of the City ordinances to be known as The Code of the City of Lumberton. This code of ordinances shall be published by publication of the ordinance adopting such codification, and all ordinances included in such codification shall be effective not less than twenty days after such publication. The official copy of such code, including all ordinances amending or supplementing the code shall be kept in the office of the City Clerk. Pending a new codification as herein provided, those ordinances contained in The Code of the City of Lumberton, North Carolina 1954, adopted June 3, 1955, as amended, shall remain in full force and effect. (d) PROOF OF ORDINANCES: Proof of any ordinance of the City of Lumberton may be made in the Superior Court of Robeson County, or in any court inferior thereto sitting in Robeson County, by the exhibition of a copy thereof to the presiding judge of said court, with an affidavit of the City Clerk attached thereto made upon oath before a Notary Public that said copy is a TRUE and accurate copy of a valid and subsisting ordinance of said City and thereupon, said courts shall take judicial notice of such ordinance and same shall be received in evidence. Section 9 VACANCIES IN OFFICES: If any elected Mayor or Councilman shall refuse to be qualified, or if there is a vacancy in the office of Mayor or Councilman after election and qualification, or if any Mayor or Councilman be unable to discharge the duties of his office, the Council shall choose some person for the unexpired term, or during his disability, as the case may be, to act as said Mayor or Councilman. Any Mayor or Councilman so selected shall have all authority and powers given under this Charter to regularly elected Councilmen and shall be subject to recall. 139 ARTICLE III. NOMINATIONS AND ELECTIONS Section 1 FUNCTION OF GOVERNING BODY: (a) THE CITY COUNCIL: The City Council shall have authority: -1 To make rules for the conduct of elections and primaries; -2 To record all election resolutions, decisions or other actions in the minutes of the Council; -3 To establish, define, combine and rearrange election precincts or wards within the City, and to designate polling places therein, provided, that there shall be at least one polling place in each ward or precinct so designated; -4 To appoint, at least thirty days before any municipal election, one registrar and two judges of elections for each precinct or ward. Assistants, clerks and ballot counters may also be appointed for each precinct or ward, but if the Council shall deem proper, it may delegate the appointment of ballot counters to precinct or ward registrars; -5 To remove any registrar or judge of election for incompetence, failure to discharge the duties of his office, failure to qualify within the time prescribed by law, fraud, or any other satisfactory cause; -6 To appoint replacements for registrars and judges if vacancies occur on any day other than election day; -7 To order a new registration of qualified voters in its discretion, as hereinafter provided for; -8 To hear and determine appeals from registrars concerning the qualifications of individuals to register as voters, as hereinafter provided; -9 To print and distribute ballots and sample ballots, and to provide ballot boxes for each polling place; -10 To furnish each registrar with written instructions concerning how ballots must be marked and how they must be counted under the existing law; -11 To provide precinct officials with all equipment and information necessary to conduct the elections; -12 To take custody of poll books and registration books immediately after each election; -13 To investigate irregularities, nonperformance of duty and violations of laws by election officials and other persons, and to make this power effective, to hold hearings, administer oaths, issue subpoenas, summons witnesses, compel the production of evidence, and report the facts of its investigations to proper prosecuting authorities. -14 To enter into contracts and agreements with the officials of any other lawfully constituted authority having the power to conduct, govern and regulate elections in Robeson County with respect to sharing expenses and use of voting machines, election equipment or furniture, or other expenses of conducting elections. (b) THE CITY CLERK: The City Clerk shall have authority to perform on behalf of the City Council such clerical or administrative work in connection with the duties or authority of the Council in connection with elections as the Council may delegate to him, but shall be paid no additional compensation for the performance thereof, and shall have no judicial or discretionary power delegated to him; in addition, the Clerk shall have such powers and duties as are elsewhere specifically invested in such officer under this Charter with reference to elections. Section 2 CANDIDACY: (a) ELIGIBILITY FOR OFFICE. Any qualified voter, resident of the City of Lumberton and otherwise eligible 140 under the Constitution of the State of North Carolina shall be eligible to hold any elective office of the City of Lumberton, except as to restrictions contained in this Act with respect to election of Councilmen by wards. (b) NOTICE OF CANDIDACY: Prospective candidates must file with the City Clerk a written notice of their candidacy for any elective office within the City of Lumberton not later than 5:00 P. M. on the 14th day next preceding the date of the primary election hereinafter provided for, and shall pay a filing fee of ten dollars ($10.00) at the time of filing such notice, without the right to refund; no notice of candidacy shall be accepted by the City Clerk for filing unless accompanied by the filing fee herein prescribed. (c) MUNICIPAL PRIMARIES: -1 When Required: In the event that the number of candidates for any vacant office or offices of the municipality shall be more than double the number of such vacant office or offices, a primary election shall be held on the second Tuesday before the first Monday in May preceding the regular biennial election; if such number of candidates shall be equal to or less than double the number of such vacant office or offices, no primary election shall be required and the names of the candidates who have filed as hereinabove required shall be placed on the ballot in the regular municipal election. -2 Conduct of Primaries: If a primary election is required by virtue of the number of candidates as hereinabove set forth, the judges, registrars and other election officers appointed for the regular municipal election shall, whenever practicable, be the officials of the primary election, and it shall be held at the same place, in the same manner, under the same rules and regulations, and subject to the same conditions, and the polls shall be opened and closed at the same hours as are required for the regular election. The City Clerk shall cause the primary ballots to be printed, authenticated with a facsimile of his signature, unless voting machines are used. Upon the ballots the names of the candidates for the respective offices shall be arranged alphabetically, with a square at the left of each name. If paper ballots are used, the ballots shall be printed upon plain white paper and shall contain no party designation or mark, and the City Clerk shall cause to be delivered at each polling place a number of ballots equal to five per cent greater than the number of persons registered in the precinct or ward. The persons who are qualified to vote at the succeeding general municipal election shall be qualified to vote in the primary election. The primary election shall be conducted and the returns shall be canvassed in the manner hereinafter provided for regular elections. -3 Determination of Results of Primaries: Second Primaries: If a primary election is required for the office of Mayor, or a City Councilman, as herein provided, and no aspirant to such office shall receive a majority of the votes cast for such office as herein defined, the two candidates receiving the highest number of votes shall have their names printed on the ballot in the regular municipal election, and the regular municipal election shall determine the winner without any additional primary. In connection with elections for the office of Mayor, or City Councilman, a majority within the meaning of this Section shall be ascer- 141 tained by dividing the total vote cast for all candidates by two, and any excess of the number so ascertained shall be a majority within the meaning of this Section. Section 3 ELECTION OFFICIALS: (a) APPOINTMENT, VACANCIES AND REMOVALS: At least thirty days before the date of a regular municipal election, the City Council shall appoint one registrar and two judges of election for each precinct or ward, who shall serve for two years or until their successors are appointed and qualified. The appointees for these offices shall be of good repute, able to read and write, and residents of the precinct for which appointed. No person shall be appointed as an election official who is a candidate for office or a person holding an office or a place of trust or profit under the Government of the United States, of the State of North Carolina, or of any political subdivision thereof; provided, however, this shall not apply to officers in the militia, notaries public, commissioners of public charities, commissioners for special purposes, and justices of the peace. If a vacancy shall occur on election day in any office of registrar, the judges of election of the precinct shall appoint a replacement. If a vacancy occurs on election day in any office of judge of election, the registrar of the precinct shall appoint a replacement. Vacancies occurring at any other time shall be filled by the City Council. For their services on the day of election, the judges of election shall receive not less than ten dollars ($10.00), and the registrars shall receive not less than fifteen dollars ($15.00). In addition, the registrars shall be entitled to receive for each Saturday during the registration period that they attend the polling place for the registration of voters, not less than fifteen dollars ($15.00). In addition to the compensation herein provided, the City Council may provide for increased compensation if it deems fit and proper. Registrars and judges of election shall conduct elections fairly and impartially, shall enforce peace and good order in and about the places of registration and voting, shall hear and decide challenges, shall count the votes cast in the precinct, and shall choose one of their number in each precinct to be a member of the Board of Canvassers and shall deliver to him the original returns of the precinct for delivery to the City Canvass. In addition, the registrar shall have the specific duty of registering voters and of depositing the registration books with the City Clerk immediately after the election; and the judges of election shall have the specific duties of opening the polls, superintending the polls until the close of the election, keeping the poll books into which the name of each eligible voter shall be entered, and certifying and depositing the poll books with the City Clerk immediately after the election. The City Council may, in its discretion, appoint such qualified voters of the ward or precinct as may be deemed necessary as assistants or clerks to aid the registrars and judges at the polling place on election day. The number of such assistants or clerks shall be so permitted under the provisions of Section 163-181 of the General Statutes. Section 4 REGISTRATION: -1 Registration Mandatory: No person shall vote in a regular municipal election unless he has first been registered as herein provided. 142 -2 When Registration Held: A new registration of voters shall be conducted as hereinafter provided for the first City election held next following the effective date of this Charter; thereafter, from time to time, the City Council may, in its discretion, order a new registration of voters; and unless such new registration shall be ordered, the election shall be held under the registration herein required, with such revision as herein provided for. -3 Duties of the City Council Pertaining to Registration: It shall be the duty of the City Council to divide the municipality into appropriate precincts or wards, to establish polling places to be used for registration and voting therein, with at least one polling place in each ward; to appoint, at least thirty days before any municipal election, a registrar for each precinct, and to make publication of the names of the registrars in a newspaper published in the City, and to notify each person so appointed by causing a notice to be served upon him by the Chief of Police of the City. In addition, the City Council shall furnish the registrar with a registration book and other necessary supplies and _ shall take custody, acting through the City Clerk, of the registration books immediately after the election. (3a) Duties of the City Council Pertaining to Registration: The City Council shall give notice of the new registration required under the provisions of Section 4, sub-paragraph -2 of this Article by publishing the same in a newspaper published in the City on the fifth, sixth and seventh Mondays prior to the election; and in the event of a new registration hereafter ordered by the City Council pursuant to the provisions of this Article, the City Council shall give notice of such new registration so ordered by publishing the same in a newspaper published in the City on the fifth, sixth, seventh and eighth Mondays prior to the election. -4 Duties of Registrars Pertaining to Registration: Before entering upon his duty, every registrar, shall take the oaths for precinct officials required by Section 160-33, Section 163-164, Section 6-Nov and Section 7-Nov of the General Statutes of North Carolina. When a new registration is ordered, each precinct to register voters from 9 oclock A.M. until sunset on the fourth, third and second Saturdays before the election. On other days during this period, he shall keep the registration book open at his home or place of business from 9 oclock A.M. until sunset, and in this connection shall do all that is reasonable to permit a full registration of voters. If no new registration is ordered, each precinct registrar must keep the registration books open to register new voters each day except Sunday from the third Friday through the second Friday before the election, between the hours of 9 oclock A. M. and 5 oclock P. M. -5 Method of Registration: Qualification of Voters. Those persons seeking to register and vote in a regular municipal election shall have the same qualifications as are required in the general elections for the State of North Carolina, and shall appear before the registrar, be sworn, and state his name, age, place of birth, present address and any other information reasonably required by the registrar for the purpose of establishing his identity and qualifications. No person shall be required to 143 furnish any information to the registrar with respect to political party affiliation, nor such affiliation be recorded. Those persons seeking to register shall demonstrate to the registrar that they have resided or will have resided by the date of the next regular municipal election in the State of North Carolina for one year and in the precinct in which he seeks registration for thirty days immediately preceding the next regular municipal election. When changing residence from one precinct to another within the municipality, the applicant for registration shall comply with the requirements of Section 163-29 of General Statutes of North Carolina with respect to obtaining a transfer certificate. Every applicant shall appear in person and take the registration oath required by Section 163-29, which shall be administered in the manner prescribed by law, and after the registrar has satisfied himself that the person offering to register possesses the necessary qualifications, and after such oath has been administered, he shall enter in the registration book the persons name, age, race, address, place of birth, and the city, county and state from which he has removed, if he has moved. No person shall be registered at any time other than when the registration book is in the hands of the registrar. No registration shall be allowed between the close of the regular registration period and the day of the election. Registration on election day is permitted if the person desiring to register shall give satisfactory evidence to the registrar and the judges of election that he has become twenty-one years of age or otherwise has become qualified subsequent to the closing of the registration books. Any person who is denied registration for any reason shall be entitled to appeal the decision of the registrar to the City Council, and shall file notice of such appeal on the day of denial of registration or by 5 oclock P. M. on the next succeeding business day following such denial, which notice shall be in writing and shall state the reasons for the appeal, the name, age and address of the person taking the appeal, and shall be signed by the person appealing. When the registrar receives a notice of appeal from a denial of registration, he shall file it promptly with the City Clerk, who shall immediately notify the members of the City Council of such appeal, the City Council shall forthwith proceed to hear and determine such appeal, which shall be heard de novo by the Council. The City Council shall have the power to subpoena witnesses and to compel their testimony under oath in connection with such hearing, and shall also have the power to subpoena all papers and documents relevant to such appeal, and after hearing, shall issue an order embodying its decision, and shall either order the voter registered or deny such registration by such order. The City Council shall notify every appellant of such decision within ten-days from the date of hearing. Upon receipt: of an order from the City Council determining an appeal as herein provided, the registrar shall comply with that order. If the applicant is denied registration by the City Council, within ten days from the date of the final order of the City Council, he may appeal such order to the Superior Court of Robeson County, where such appeal shall be heard de novo in the same manner as other civil actions are tried and disposed of therein. If said Court shall decide that the order of the City Council refusing regis- 144 tration should be set aside, it shall enter its order so providing, and shall adjudicate that such person is entitled to be registered as a qualified voter in the precinct to which his application was originally made, but shall not order registration of any person in a precinct to which application was not made prior to the proceedings in Court; an appeal from any judgment of the Superior Court in this respect may be taken to the Supreme Court in the manner provided for other appeals from judgments of said Court in civil actions. If, upon such an appeal, the Court shall decide that the order of the City Council should be reversed and set aside and shall issue its judgment to the effect that the applicant is entitled to registration as a qualified voter in the precinct to which the application was made, it shall be the registrars duty to enter the name of such person on the registration books of that precinct. -6 Challenges: Any elector of a precinct or ward shall be entitled to challenge the registration of any person allowed to register in that precinct or ward, provided such challenge is made to the registrar not later than Saturday before the regular municipal election, and this shall be the challenge day when a new registration is ordered, as well as for the regular registration of new voters. The registrar shall be at the voting place in his precinct on challenge day from 9 oclock A. M. until 3 oclock P. M. with the registration book, and shall permit any voter of the precinct to inspect the registration book and challenge the voting right of any person whose name is registered therein; upon receipt of a challenge, he shall write opposite the name of the challenged voter the word challenged, and shall appoint a time and place before the election where the registrar and judges of election will hear and decide such challenges, and shall give personal notice of the challenge to the voter challenged or if personal notice is impossible, shall leave a written notice at his home. At the time and place appointed, the registrar and judges of election shall examine the voter challenged, requiring him to prove his identity and his residence in the precinct by testimony under oath of at least one voter, shall require him to swear that he is a citizen of the United States, that he is twenty-one years of age or will become 21 by the date of the regular municipal election, that he has resided in the State for one year and in the precinct for thirty days preceding such election, that he is not disqualified by the laws and constitution of the State of North Carolina, that he is the person he represents himself to be, giving his name under oath, that he has registered under that name in the precinct, and if the challenge is made on election day, that he has not voted in the election at that or any voting place. In conducting the hearing at the time appointed, the registrar and judges of elections shall have the power to administer oaths to witnesses brought before them, and to compel the attendance of witnesses. If the voter is found not to be qualified, or if he refuses to take the oath, his name shall be stricken from the registration book. If such voter shall take the oath and the registrar and judges of election are satisfied that he is qualified, they shall write after his name on the registration book the word sworn, and he shall be allowed to vote. 145 -7 Registration Books: Immediately after any election, the registrars shall deposit the registration books for their respective precincts with the City Council, who shall retain custody thereof until the next election. Unless otherwise directed by the City Council, the City Clerk shall act as custodian on their behalf at all times while the registration books are in the custody of the City Council as herein provided. It shall be the duty of the registrar or such City Clerk, as custodian, on the application of any person to permit the registration books to be copied, but the registration books shall not be removed from the polling place, if there, or the residence of the registrar, if there, or the office of the City Clerk, if there. It shall be lawful for the registrar or the City Clerk, as custodian, to furnish to any person requesting a copy of said books, in lieu of the books themselves, a TRUE copy of the same, for which service a fee of two cents (2) per name may be charged. Section 5 REVISION OF REGISTRATION BOOKS: In the event a new registration for any given election is not ordered as herein provided, the City Council may issue an order to the registrars and judges of election in any one or more of the precincts or wards as in which, in the discretion of the City Council, a new registration is desirable, directing said officials to meet at the polling place or places on the first Saturday in a regular registration period, and to prepare from the registration books a list of names of registered voters, with their names and addresses as appearing on the registration books, who are, in the opinion of said officials, dead or disqualified by removal, to vote in that particular precinct, and deliver said list to the City Clerk within forty-eight hours after it is prepared. Upon receipt of said list, the City Clerk shall cause to be mailed to each of the names on said list, at the address shown on said list a notice requiring such person to appear at the polling place on the day hereinabove prescribed for hearing challenges, and show that they are legally entitled to vote in that particular precinct. In lieu of appearing in person, such registrant may furnish satisfactory evidence by mail or otherwise that he or she is qualified to vote in the precinct. Upon failure of any such person to appear or to satisfy the said officials that he is qualified to vote in said precinct in the approaching primary or regular election, his name shall be stricken off of the registration book. In the event that any person whose name has been removed from the registration book by said officials as herein provided shall appear at the polling place on election day and give satisfactory evidence to said officials that he or she did not receive any notice by mail or otherwise of his name being placed among the list of disqualified voters in that precinct, and shall further satisfy said officials that he or she is qualified to vote in that precinct, then such persons name shall be restored to the registration book and he or she shall be permitted to vote in the precinct as before. Section 6 PREPARATION FOR ELECTIONS: (a) BALLOTS: The City Clerk shall prepare ballots for use in the municipal election authenticated with a facsimile of his signature unless voting machines are used. Upon the ballots, the names of the candidates for the respective offices shall be arranged alphabetically with a square at the left of each name 146 and, in the case of the office of City Councilman, below the names, the words VOTE FOR ONE FROM EACH WARD shall appear. The ballots shall be printed in such way as to leave sufficient space below each name thereon that a voter can strike out a printed name and write out another name below it. Only sufficient space for this purpose shall be provided, and blank lines and voting squares for write-in votes shall not be printed on the ballot unless there are no candidates for a particular office, in which case spaces for write-in votes on the ballot shall be provided. If a candidate dies, withdraws or otherwise becomes disqualified after the ballots have been printed, the City Council, in its discretion, may order the ballots to be reprinted, leaving out the name of such disqualified candidate, and upon receiving a petition addressed to the City Council and bearing the signatures of not less than two hundred registered voters of the municipality requesting a substitute candidate for such disqualified candidate, the City Council may insert the name of such substitute candidate on the ballot in lieu of the name of the disqualified candidate. If paper ballots are used, they shall be printed upon plain white paper and shall contain no party designation or mark, and the City Clerk shall cause to be delivered at each polling place a number of ballots equal to five per cent greater than the number of persons registered in the precinct or ward. The City Clerk shall further prepare sample ballots on colored paper, which shall be marked Sample Ballot, at each polling place, for the purpose of instructing voters. In the event that any candidate shall request additional sample ballots, identical as to color of paper with those provided at the polls as herein required, and shall tender with his request sufficient funds to pay for such sample ballots, the City Clerk shall cause the same to be printed and delivered to the candidate, and no candidate or other person shall use any sample ballot for the purpose of instructing any voter unless the same shall have been printed and prepared in the manner herein provided. (b) VOTING MACHINES: In the discretion of the City Council, any voting machines approved by the North Carolina State Board of Elections may be used in any primary or election held under the provisions of this Charter, and such voting machines shall be used under the rules and regulations prescribed by the North Carolina State Board of Elections. (c) DELIVERY OF BALLOTS: The City Clerk shall wrap all ballots for use in each precinct or ward in packages, each package to contain the number of ballots as herein required for the respective precinct or ward; each package shall have written or stamped thereon the number of ballots contained therein; all packages shall be sealed, and shall be delivered, with the seals intact, to the registrar in each precinct three days before the election, together with the ballot boxes and the keys to the locks thereon, and the registrar shall give a receipt for same. (d) VOTING PLACES: The City Council shall designate polling places in each ward or precinct, and may change, alter or discontinue the location of such polling place from time to time, as it sees fit, after first publishing a notice in all newspapers published in the City of any designation, alteration, or discontinuance of such polling place twenty days 147 prior to the beginning of the next registration period. In this connection, the City Council shall have the power to enter into such leases, purchase or rental arrangements as may be required to secure adequate buildings for use as polling places, and may demand and use any school or other public building within the municipality for such purpose and require that such building be vacated for such purpose. Polling places shall be arranged as nearly as possible in the manner prescribed by Section 163-165 of the General Statutes, and voting booths contained therein shall meet requirements of Section 163-163 of the General Statutes of North Carolina. (e) BALLOT BOXES, POLLING BOOKS AND OTHER SUPPLIES: The City Council shall provide a ballot box for each polling place three days before the election day, and shall provide a separate box for spoiled ballots. Each box shall be marked so as to specify the class of ballots to be placed therein, shall be furnished with a lock and key, and shall have an opening in the top of sufficient width to allow a single ballot to pass through. In addition, the City Council shall provide for the delivery of poll books to the polling places and shall provide for the purchase, maintenance and delivery of any books, maps, flags, books, cards of instruction or other equipment which may be used at the polling places. (f) BALLOT COUNTERS: The City Council, in its discretion, may appoint ballot counters to assist the election officials in any precinct or ward, but if such ballot counters shall be appointed as herein provided, the City Council shal] determine the number of such ballot counters as are required, and may either appoint them or may notify the precinct registrars affected that they are to appoint them. Section 7 CONDUCT OF ELECTIONS: On election day, the registrars, judges of election, and any assistants they may have shall appear at the voting place at least by 6 oclock A. M. If arrangements have not previously been made, they shall arrange the polling place in the manner provided by Section 163-165 of the General Statutes of North Carolina, and shall locate the ballots, ballot boxes, registration and poll books, voting booths and voting supplies as provided in Section 163-163 and 163-164 of the General Statutes. The registrar shall administer the oaths to the judges of election, and one of the judges of election shall administer the oaths to the registrar, and one of said officials shall proceed to administer the oaths to any person assisting at the polls in the manner prescribed by Section 11-6, Section 11-7, Section 163-164 of the General Statutes, following which they shall open the packages of ballots, and one of the judges of election shall proclaim to those persons present at 6:30 A. M. that the polls are open and that they will close at 6:30 P. M. (a) THE VOTING PROCESS: Voters shall enter the voting enclosure, approach the precinct officials, and give their names and addresses to the judge of elections who is in charge of checking registrations. The judge of elections shall announce the voters name and address in a distinct tone of voice, whereupon the registrar shall determine if the voters name is on the registration book and shall announce whether such voter is registered. If the voter is registered and he is not challenged, one of the judges of elections shall give him an official ballot of each kind required 148 by the election, which shall be delivered to the voter unfolded. After receiving such ballot, the voter shall proceed to a voting booth, where he shall mark the ballot with a cross mark or a check mark or other mark clearly indicative of his intent to vote opposite the name of the candidate of his choice for each office to be filled; if the voter desires to vote for a person whose name does not appear on the ballot, he can substitute the name by writing it in with a pencil or ink in the proper place, and when a name is written in on the official ballot, the name so written in shall be treated as any other name on the ballot. No sticker shall be used. It shall not be necessary for the voter to place a cross mark by the name he has written in. No person shall be permitted to write in a name on the official ballot other than the voter himself, except in the case of a person rendering assistance to a voter pursuant to the provisions of G. S. 163-172 and 163-173. No voter shall occupy a voting booth already occupied by another, nor may he occupy a voting booth longer than five minutes if all booths are occupied and other voters are waiting. After marking his ballot, the voter shall deposit it in the proper box himself, and shall leave the voting enclosure. After receiving a ballot from the judge of elections, no voter shall leave the voting enclosure until he has finished voting in the manner herein prescribed, and if he does leave before voting, he shall not be allowed to return for the purpose of voting. If a voter decides not to vote a particular ballot, he shall hand it to the judge of elections before leaving the voting enclosure and no voter shall take an unmarked ballot from the voting enclosure. In the event that a ballot shall become torn, or be incorrectly marked by a voter or otherwise be mutilated or defaced, and a voter shall discover same before depositing the ballot in the ballot box, he may return the ballot to a judge or registrar and obtain another, but in no event shall he obtain more than three extra ballots of any one kind. (b) POLL BOOKS: One of the judges of election shall keep a poll book in which he shall enter the name of every person voting in the election, which entry should be made when the registrar announces that the voter is registered and the voter is handed his ballots. Immediately after the polls are closed, the poll book shall be signed by the judges of election and shall be deposited with the City Clerk. (c) CHALLENGES: Any person offering to vote may be challenged at the polls on election day by any other voter of the precinct, or by a precinct official, and if such challenge is made, the registrar and judges of elections shall follow the same procedure as in cases in which the registrant is challenged before election day, but they must hear and determine the challenge before the polls close. Any person making such challenge at the polls may enter the voting enclosure to give the reasons for the challenge, but must leave as soon as he has done so. If the election officials shall decide that the challenged voter is qualified te vote, he shall be permitted to vote in the usual manner, except that he must sign his ballots so that they may be identified in the event of an appeal from the decision of the precinct officials to the City Council or to the courts as herein provided. 149 (d) VOTING ENCLOSURE: No one shall be allowed inside the voting enclosure while the polls are open except election officials, their qualified assistants, voters in the act of voting, persons assisting voters who are entitled to be assisted, peace officers actually engaged in keeping the peace and challengers while giving reasons for a challenge, and it shall be the duty of the election officials to maintain peace and good order, prevent and stop any improper practice or any attempt to obstruct, intimidate or interfere with any voter in the exercise of his right to vote. Said election officials may order the arrest of any person who violates any provision of the election laws, and if anyone shall refuse to obey the lawful orders of the election officials, said officials, by an order in writing, may commit the offender to the City Jail for as long as thirty days, or to the County Jail if there is no City Jail. Any person so committed shall be allowed to post bond in the sum of two hundred dollars ($200.00) with the Clerk of the Superior Court of Robeson County, at which time, his appeal to the Court for a trial on the merits of the commitment shall be heard. The precinct registrar and the judges of election, or any two of them, shall have the power to deputize any person or persons or any peace officer to aid them in maintaining order within the voting enclosure. (e) CLOSING THE POLLS: At 6:30 P. M. Eastern Standard Time, the registrar shall announce the closing of the polls, and thereafter, no other voters may enter the voting enclosure, but those voters who are in line within the voting enclosure may vote. If voting machines are used, the City Council may direct that the polls remain open until 7:30 P. M. Eastern Standard Time, at which time they shall be closed in the manner herein provided. (f) ABSENTEE VOTING: There shall be no absentee voting in municipal primaries or elections conducted in the City of Lumberton. Section 8 COUNTING AND RECORDING VOTES: (a) COUNTING PROCEDURES: Immediately following the announcement of the registray that the polls are closed, and after all persons who are within the voting enclosure at the time of such announcement have voted, the registrar, together with the judges of elections shall open the ballot boxes and proceed to count the ballots. The counting of the ballots shall be made in the presence of the election officials and such persons as may be present and desire to observe the count, provided, however, that the election officials shall arrange for the ballots to be counted in such way that no observer can interfere with the counting, but so that any such observers, from a reasonable distance, can observe the number of ballots being counted and the manner in which they are marked. All such observers shall be permitted to be present during the count as may, in the opinion of the election officials, and within the limitations of available space, be reasonable and proper and in accord with good order. The registrar and the judges of election shall remain together in the voting place from the time the ballot boxes are opened for counting until all votes are counted and returns made out as hereinafter provided. If, for any reason, during the counting, the registrar shall be compelled to leave the voting place, or for any other reason cannot serve, the judges of election shall appoint a person in his 150 place; likewise, if one of the judges of election is compelled to leave or for any reason cannot serve, the registrar shall appoint a replacement for the absent judge of election. In the event that precinct ballot counters have been named by either the City Council or the precinct registrar as herein provided, such ballot counters, upon accepting their appointments, shall appear immediately upon the closing of the polls, and the precinct registrar shall administer to them an oath that they will support the Constitution of the United States and the Constitution of North Carolina not inconsistent therewith and that they will fairly and honestly tabulate the votes cast in the election concerned. The registrar shall instruct the ballot counters and judges regarding the manner in which ballots must be marked and how they must be counted, and thereafter, the counting shall commence. In the event that ballot counters are used, the precinct registrar and judges of elections shall maintain supervision over the counting of all ballots and remain responsible therefor. As the counting proceeds, any question concerning the method of counting, or the tabulation of any vote, shall be referred to the registrar and judges of election for determination before the completion of the counting of the ballots in the box from which the questioned ballot or ballots were taken. More than one ballot box may be counted at the same time, but the name of each candidate voted for shall be read aloud and the vote received by such candidate shall be entered on a tally sheet. Pieces of plain paper on which voters have written the names of individuals for whom they desire to vote for a given office are not proper ballots and shall not be counted; no ballot which is folded with any paper or other article in it, or which contains the names of more persons than those for which the voter has the right to vote, or which has any device or ornament on it, or which does not reveal the voters choice, shall be counted. No ballot cast in the election for the City Council shall be counted if the voter has failed to vote for a number of candidates at least equal to the number of vacancies on the City Council to be filled by the election, and ballots for any lesser number shall be treated as spoiled. In determining whether a spoiled, mutilated or defaced ballot shall be counted, registrars of elections shall first attempt to determine whether such ballot can be interpreted to ascertain the voters intention or choice, and except as herein expressly prohibited, ballots should not be rejected for any technical error if such choice can be determined. (b) ACCOUNTING FOR BALLOTS: Before leaving the polling place after the counting is over, registrars and judges of elections shall return the ballots to the boxes in which they were cast, lock the boxes, and place a seal around the opening thereto, which seal shall bear the signatures of the registrars and the judges of elections. After so doing, they shall prepare a certificate setting forth the results of the ballot count, which certificate shall bear the signatures of the registrar and judges of election. The ballot boxes, locked and sealed as herein required, shall be retained by the registrar until five days after certificates of election are issued to the persons elected as hereinafter provided. The registrar and judges of election shall place all spoiled ballots in an envelope marked spoiled ballots, shall put all unused ballots in an envelope marked unused 151 ballots, and shall make a written report under oath of any ballots stolen, lost or destroyed, and within three days after the election day shall return such spoiled and unused ballots, and with such report, if any, to the City Clerk, who shall audit these and determine whether the number of ballots actually voted, plus spoiled, unused, lost, stolen or destroyed ballots add up to the total number of ballots furnished to the registrar before the election. Also within three days, poll and registration books shall be returned to the City Clerk. Before leaving the polling place, said election officials shall appoint one of their number to attend the municipal canvass, and shall deliver to such member the certificate of the results of the election prepared as herein directed. The election official so appointed shall constitute a member of the Board of Canvassers, and shall attend the meeting of the Board of Canvassers as hereinafter provided. Section 9 (a) THE MUNICIPAL CANVASS: The members of the Board of Canvassers shall meet at 11 oclock A. M. on the second day after the election at the City Hall. The Board shall organize by the election of one of its number as chairman and one as secretary. Any member of the Board who fails to deliver the certificate of results from his precinct by 12 oclock noon on the day of the Board meeting shall be guilty of a misdemeanor, unless for illness or good cause shown for such failure. If any precinct returns have not been received by the Board by 12 oclock noon on the first day of this meeting, or if any returns are incomplete or defective, it shall have authority to dispatch an officer for the purpose of securing the proper returns for the precinct. A majority of the Board of Canvassers shall constitute a quorum. (b) The Board of Canvassers shall, at their meeting, in the presence of such electors as choose to attend, open, canvass and judicially determine the results of the election, and shall make abstracts stating the number of votes given to each candidate and shall sign the abstract in duplicate with their certificate as to the correctness of the abstracts. It shall have power and authority to pass upon judicially all the votes relative to the election and judicially determine and declare the results thereof; to send for papers and persons and examine the latter upon oath; to pass upon the legality of any disputed ballots transmitted to them by any precinct officer; and, either on its own motion or upon any petition or request therefor in the exercise of its judgment and discretion, shall have the power to order and conduct a recount of the ballots. (c) Each candidate receiving the highest number of votes for each of the positions of Councilman with respect to each ward shall be declared elected Councilmen of the City at large and the candidate receiving the highest number of votes for Mayor shall be declared elected Mayor. If there shall be an equal number of votes for two or more candidates, and the tie must be resolved in order to determine the identity of the elected Councilmen, the result shall be determined by a drawing of lots, which drawing shall be conducted by the City Council. When a name is written in on the official ballot, the new name so written in is to be treated as any 152 other name on the ballot, if the person whose name is written in is qualified to serve on the City Council. Write-in votes shall not be counted in a primary election, however. (d) The Board of Canvassers shall transmit one copy of the certified abstract of the results to the Mayor and shall file another copy together with the original certificates of results from the precincts, with the City Clerk. The Clerk shall publish the results of the election at the door of the City Hall. Section 10 STATEMENT OF EXPENSES BY CANDIDATES: Every candidate in the City election, City primary, or both shall, within ten days from the election file with the City Clerk an itemized statement under oath showing all expenditures of money or other things of value made by him or by anyone for him to his knowledge, in connection with or in any way for the purpose of promoting or aiding his candidacy; and any person failing to comply with the provisions of this Section shall be guilty of a misdemeanor and fined or imprisoned in the discretion of the Court. Section 11 APPLICABLE GENERAL STATUTES PROVISIONS: In addition to the provisions set forth in this Charter respecting municipal elections, elections in the City of Lumberton shall be governed by and conducted in accordance with the pertinent provisions of Articles 20 and 21 of Chapter 163 of the General Statutes. ARTICLE IV. SPECIAL ELECTIONS Section 1 AUTHORITY OF CITY COUNCIL TO CALL SPECIAL ELECTIONS: The Council shall have the power to call at any time any special election for the purpose of voting upon the question of issuing bonds for any purpose, or for any other purpose expressly authorized by law. No special election shall be held for any purpose unless notice is published once each week for four successive weeks in some newspaper published in the city which is qualified to carry legal notices, or if there be no such newspaper, by posting in three public places in the City, unless expressly provided to the contrary. Registrations made and elections held under the authority of the Municipal Finance Act shall be called, conducted, and canvassed as provided by said Act, and initiative, referendum and recall elections shall be governed by the provisions of this Article. All other special elections shall be held under the same rules and conditions as are provided in Article III for general elections. Section 2 POWERS OF INITIATIVE: (a) The voters of the City shall have power, except as provided in paragraph (b) of this Section, to propose ordinances to the City Council. If the Council rejects an ordinance proposed hereunder or passes it with amendment, the voters shall have power to approve or reject the proposed or amended ordinance at the polls. These powers comprise the initiative power. (b) The initiative shall not extend to the proposing of: any part or all of the annual budget; or any ordinance making or repealing any appro- 153 priation of money, fixing the salaries of city officers or employees, or authorizing or repealing the levying of taxes. (c) Voters seeking to propose an ordinance subject to initiative shall proceed by way of initiative petition addressed to the Council and containing the full text of the proposed ordinance. Any initiative petition must be filed with the City Clerk and must be signed by qualified voters of the City equal in number to at least 25 per cent of the qualified voters of the City who voted at the last preceding election for City Council members. Section 3 POWERS OF REFERENDUM: (a) The voters of the City shall have power, except as provided in paragraph (b) of this Section, to require reconsideration by the Council of any adopted ordinance, including any ordinance initiated under subsection (a), Section 2 of this Article and adopted by the Council. If the Council fails to repeal an ordinance which it has been required to reconsider, the voters shall have power to approve or reject that ordinance at the polls. These powers comprise the referendum power. (b) The referendum power shall not extend to any part or all of the annual budget or the property tax levied therein; to any ordinance making or repealing any appropriation of money or fixing the salary of any officer or employee; or to any repealing ordinance adopted by the Council in compliance with a referendum petition. (c) Voters seeking a referendum on any ordinance shall proceed by way of a referendum petition addressed to the Council, identifying the ordinance concerned and requesting that it be either amended, repealed, or referred to the voters of the City. Any referendum petition must be filed with the City Clerk within thirty days after adoption by the council of the ordinance concerned and must be signed by qualified voters of the City equal in number to at least 25 per cent of the qualified voters of the City who voted at the last preceding election for City Council members. Section 4 POWERS OF RECALL: (a) The voters of the City shall have the power, which shall be known as the recall power, to remove from office any member of the City Council. (b) Voters seeking the recall of any member of the Council shall proceed by way of a recall petition addressed to the Council, identifying the Council member concerned, requesting his removal from office and stating the grounds alleged for his removal. Any recall petition must be filed with the City Clerk and must be signed by qualified voters of the City equal in number to at least 25 per cent of the qualified voters of the City who voted at the last preceding election for City Council members. Section 5 PETITIONERS COMMITTEE: In each initiative, referendum or recall petition there shall be named a petitioners committee representing all the petitioners and composed of five members who shall be qualified voters of the City and signers of the petition concerned. The petitioners committee shall be responsible for circulation of the petition and for its assembling and filing in proper form. The committee may also amend or withdraw its petition as provided in this Article. 154 Section 6 INITIATIVE, REFERENDUM AND RECALL PETITIONS: FORM AND SUFFICIENCY: (a) Initiative, referendum and recall petitions shall be governed by the rules regarding form and sufficiency set out in this Section, as well as by such other rules regarding form and sufficiency as the City Council may impose by ordinance consistent with the provisions and with the spirit and purpose of this Charter. (b) The signatures to a petition shall be executed in ink or indelible pencil and need not all be affixed to one paper, but all papers of a petition shall be of uniform size and style and shall be assembled as one instrument for filing with the City Clerk. Each signature shall be followed by the address of the signer. Petitions or petition papers which reasonably comply with these requirements shall be accepted by the Clerk without delay upon presentation and their filing shall be completed by his acceptance. Noncomplying petitions or papers may be rejected by the Clerk until they are brought into reasonable compliance. (c) The Clerk shall not accept any petition until it indicates: -1 by name and address, the five petitioners who constitute the petitioners committee for that petition and -2 the address to which all notices for the petitioners committee are to be sent. (d) Any petition shall be certified or determined insufficient which: -1 is validly signed by less than the required number of qualified voters of the City, -2 proposes, or requests repeal of, an ordinance not subject to the power under which the petitioners are proceeding, -3 if a referendum petition, is not filed within the time allowed, or -4 if a recall petition, seeks the removal of an official not subject to recall hereunder. (e) No signature on a petition paper shall be counted in support of the petition involved if that paper -1 being part of an initiative petition, has not contained or had attached to it throughout its circulation the full text of the proposed ordinance, -2 being part of a referendum petition, has not contained throughout its circulation a clear, concise designation and description of the ordinance concerned, or -3 being part of a recall petition has not contained or had attached to it throughout its circulation a copy of the recall petition identifying the council member concerned and stating the grounds alleged for his removal. (f) No signature on a petition paper shall be counted in support of the petition involved if that paper at the time of filing, does not have attached to it an affidavit, executed by the circulator of that paper, to the effect: -1 that he personally circulated the paper; -2 that each signature on the paper was affixed in his presence; -3 that he believes each signature to be the genuine signature of the person whose name it purports to be; -4 if an initiative petition is concerned, that the full text of the proposed measure was attached to or contained in the accompanying paper throughout its circulation, and that each signer of the accompanying paper had an opportunity before signing to read the full text of the ordinance attached; and -5 if a referendum petition is concerned, that each signer of the accompanying paper had an opportunity before signing to read the designation and description of the ordinance in question; and -6 if a recall petition is concerned, that a copy of the recall petition was attached to 155 or contained in accompanying paper throughout its circulation, and that each signer of the accompanying paper had an opportunity before signing to read the full text. (g) Upon receipt of a petition that complies with the requirements of subsections (b) and (c) of this Section, the Clerk shall examine the petition to determine whether, on its face, it is insufficient under paragraphs (1), -2 or -3 of subsection (d). If he finds the petition insufficient on its face for any of these reasons, he shall so certify to the City Council at the next regular Council meeting occurring not sooner than five days after the filing of the petition, and the determination shall be subject to review in the manner provided in subsections (d) and (e), Section 8 of this Article. If he does not find the petition insufficient for these reasons, the Clerk shall determine which signatures on the petition papers may be counted in support of the petition under subsections (e) and (f). He shall then clearly mark the signatures that may be so counted. Within ten days after the filing of the petition he shall deliver the petition papers with signatures marked to the Robeson County Board of Elections for a checking of the marked signatures against the registration books. The Board of Elections shall complete its check within fifteen days after receipt of the petition papers; except that the said Board shall not be obligated to conduct a check in any 30-day period immediately preceding, or in any 10-day period immediately following, a county-wide or city-wide election. Upon completion of its check, the Board of Elections shall forthwith certify to the City Clerk: -1 the total number of registered voters of the City at the time of the most recent election of members of the City Council; and -2 the number of voters registered in the City whose signatures, marked by the Clerk, appear on the petition papers that the Board found it necessary to examine. If it was found unnecessary to check all names on the petition papers, this fact shall be indicated on the certificate. The petition papers shall be returned to the City Clerk by the Board of Elections together with its certificate. Section 7 REFERENDUM PETITIONS: SUSPENSION OF ORDINANCES AFTER FILING: When, within the time allowed, a referendum petition is filed with the City Clerk, the ordinance to which that petition is directed shall immediately be and shall remain suspended from taking effect. This suspension shall terminate when, in accordance with this Article: -1 a final determination is made that the petition concerned is insufficient, or -2 the petitioners committee withdraws the petition, or -3 the Council reconsiders the ordinance and repeals it without modification. Section 8 INITIATIVE, REFERENDUM AND RECALL PETITIONS: PROCEDURE AFTER FILING: (a) Within five days after the return of the petition papers by the County Board of Elections, the City Clerk shall complete a certificate as to whether the petition is sufficient. If the Clerk certifies a petition insufficient, his certificate shall show the particulars wherein the petition is defective. As soon as he has completed his certificate, the Clerk shall notify the committee of petitioners of the contents of the certificate. If a petition is certified sufficient, the Clerk shall 156 present his certificate to the City Council at its next meeting and that certificate shall be a final determination as to the sufficiency of the petition. If a petition certified sufficient is a recall petition, the Clerk shall also give written notice of the action taken to the Council member whose removal is sought. If a petition is certified insufficient under Section 6 (d) -1 of this Article, a majority of the committee of petitioners may elect to amend the petition; but if a majority does not so elect to amend the petition, the Clerk shall present his certificate to the Council at its next meeting and that certificate shall be a final determination as to the sufficiency of the petition. (b) If a majority of the committee of petitioners elects to amend the petition, then within ten days after notice of the contents of the Clerks certificate, the committee may file, for purposes of amendment, a supplementary petition upon additional papers. The supplementary petition shall be governed by the same requirements as an original petition with respect to such matters as uniformity and assembly of papers, listing of the petitioners committee, text or designation and description of measures, circulators affidavits, the writing and counting but not the number of signatures; and the Clerk shall proceed as in the case of an original petition. Within two days after receipt of a supplementary petition complying with the requirements of subsections (b) and (c) of Section 6 of this Article, the Clerk shall deliver the supplementary petition papers to the County Board of Elections for a checking of the marked signatures against the registration books. The Board of Elections shall complete its check within five days after receipt of the said petition papers; except that the said Board shall not be obligated to conduct a check in any 30-day period immediately preceding or in any 10-day period immediately following a countywide or city-wide election. Upon completion of this check, the Board of Elections shall forthwith certify to the City Clerk the number of voters registered in the City whose signatures, marked by the Clerk, appear on the supplementary petition papers that the Board found it necessary to examine. If it was found unnecessary to check all names on the supplementary papers, this fact shall be indicated in the certificate. The supplementary petition papers shall be returned to the City Clerk by the Board of Elections together with the certificate. (c) Within two days after the return of the supplementary petition papers by the Board of Elections, the Clerk shall complete a second certificate as to whether the original petition, as amended by the supplementary petition is sufficient. If the Clerk certifies the amended petition insufficient, his second certificate shall show the particulars wherein the petition is still defective. As soon as he has completed his second certificate, the Clerk shall notify the petitioners committee of its contents and _ shall present that certificate to the Council at its next meeting, and that certificate shall be a final determination as to the sufficiency of the petition. (d) If a petition has been certified insufficient and there is no election to amend it, or if an amended petition is certified insufficient, the Clerk shall present his latest certificate on the petition to the Council, at its next meeting. 157 (e) If, in any one of the ways provided in this Section, a final determination has been made that a petition is insufficient, that determination shall be subject to judicial review, but no further action shall be taken on the petition unless the reviewing court directs otherwise. Such a final determination, even if sustained upon review, shall not prejudice the filing of a new petition for the same purposes. Section 9 CONSIDERATION BY THE CITY COUNCIL AND SUBMISSION TO THE VOTERS: (a) When the City Council has been presented with, or has, an initiative or referendum petition which has been finally determined sufficient in accordance with the preceding Sections of this Article, it shall proceed at once to consider that petition. If an initiative petition is concerned, the ordinance it proposes shall at once be introduced and shall undergo all other procedures required for ordinances of the same kind, however, not later than thirty days after the date on which the petition proposing the ordinance is finally determined to be sufficient, the Council shall complete its consideration of the proposed ordinance and shall adopt it with or without amendment or reject it. If a referendum petition is concerned, the ordinance to which that petition is directed shall be reconsidered by the Council and, not later than thirty days after the date on which the referendum petition was finally determined sufficient, the Council shall repeal or sustain the ordinance. (b) If the Council fails to adopt, or adopts with amendment, a proposed initiative ordinance, or if the Council fails to repeal an ordinance reconsidered pursuant to a referendum petition, it shall submit the originally proposed initiative ordinance or refer the reconsidered ordinance concerned to the voters of the City. (c) When the Council has been presented with, or has, a recall petition which has been finally determined sufficient in accordance with the preceding Sections of this Article, it shall thereupon fix a day for holding a recall election unless, prior to Council consideration of the matter, the Council member whose removal is sought has resigned and his resignation has been accepted by the Council. (d) Any such initiative, referendum, or recall election shall be held not sooner than thirty days and not later than sixty days after the petition has been finally determined sufficient. It may be held at the same time as any other general or special election within such period, but if no other election is to be held within such period the Council shall call a special initiative referendum or recall election (or combination thereof). Section 10 BALLOTS FOR INITIATIVE, REFERENDUM AND RECALL ELECTIONS: (a) Any initiative or referendum ordinance to be voted on in accordance with this Charter shall be presented for voting by ballot title. The ballot title shall be prepared by the City attorney. The ballot title may differ from the legal title and shall be a clear, concise statement describing the substance of the ordinance without argument or prejudice. If the ballot used in voting is a paper ballot, it shall have below the ballot title the following instructions: Place a cross (x) in only one of the squares below. Below this instruction shall appear, in the order indicated the following propositions: FOR THE ORDINANCE and AGAINST 158 THE ORDINANCE. Immediately at the left of each of the two propositions set out, there shall be a square in which by making a cross (x) the voter may cast his vote. (b) The ballots used in a recall election, if a paper ballot is used, shall contain the following instructions: Place a cross (x) in one of the squares below. Below the instruction shall appear, in the order indicated the following propositions: FOR THE RECALL OF (Name of Officer) and AGAINST THE RECALL OF (Name of Officer). Immediately at the left of each of the two propositions thus set out, there shall be a square in which by making a cross (x) the voter may cast his vote. (c) If voting machines are used for an initiative, referendum or recall election, the ballot title shall have below it the same two propositions appropriate to its nature as prescribed for the paper ballot, one above the other or one preceding the other in the order indicated, and the voter shall have an opportunity to vote in favor of either of the two propositions and thereby to vote his preference. (d) Any number of initiative, referendum or recall proposals may be voted on at the same election and may appear on the same ballot. Paper ballots used for voting on one or more such proposals shall be used for that purpose only. If more than one proposal appears on the same paper ballot or is voted on by paper ballot at the same election each one shall be presented for voting with ballot title, instruction, propositions, and voting squares as prescribed for single proposals. If voting machines are used, each proposal shall be presented for voting as prescribed for single proposals on voting machines. Section 11 WITHDRAWAL OF INITIATIVE AND REFERENDUM PETITIONS: (a) A petitioners committee may withdraw an initiative or referendum petition: -1 At any time after the City Council, if an initiative petition is concerned, has finally rejected or has adopted with amendment the ordinance proposed; or, if a referendum petition is concerned, has finally refused to repeal the ordinance to which the petition is directed; but the City Clerk shall retain the petition papers as part of the official records of the City. -2 But not later than the fifteenth day immediately preceding the day scheduled for a vote in the City on the proposal concerned. (b) No petition shall be withdrawn except by written request for its withdrawal filed with the Council within the time limits prescribed for withdrawal and signed by at least four of the five members of the petitioners committee for that petition. The filing of such request immediately withdraws the petition and there shall be no further action on or under that petition and no City vote or further action pursuant to that petition on the proposal concerned. Section 12 RESULTS OF ELECTION: (a) If a majority of the voters of the City voting upon a proposed initiative ordinance shall vote in favor of it, the ordinance involved shall thereupon be an ordinance of the City. A referred ordinance not approved by a majority of the voters on it shall thereupon be repealed. 159 (b) If a majority of the votes cast on the question of recalling a Council member be against his recall he shall continue in office for the remainder of the unexpired term, but subject to recall as before. If a majority of such votes be for the recall of the Council member designated on the ballot, he shall be removed from office. (c) If a Council member in regard to whom a sufficient recall petition is submitted to the Council shall resign before the election and his resignation be accepted by the Council, or shall be removed as a result thereof, the vacancy shall be filled in the manner provided by this Charter for filling vacancies in such office, except as otherwise provided in subsection (d) of this Section. But a Council member removed by the voters as the result of a recall election, or resigning after a sufficient petition for his recall has been submitted to the Council shall not be re-elected to fill the vacancy caused by his own removal or resignation. (d) If the recall of a majority of the members of the City Council, including the Mayor as one of the members, shall be affected at a single recall election, the successors of the Council members recalled shall be elected by the registered, qualified voters of the City at a special municipal election, and said successors shall serve for the unexpired part of the term of the Council members recalled. The members of the City Council who have not been recalled are empowered to call such special election and to make all necessary provisions regarding the same in conformity with the Constitution and general laws of North Carolina. If the recall of the members of the City Council, including the Mayor, shall be effected at a single recall election, they shall be continued in office for the sole purpose of calling a special municipal election for the election of their successors as above provided, and of ascertaining and declaring the results thereof. Section 13 PUBLICATION OF ORDINANCES; REPEAL AND AMENDMENT; CONFLICTS: (a) Ordinances adopted under this Article by the City Council or by the voters of the City shall be published and shall take effect as prescribed for ordinances generally. (b) Any ordinance so adopted and any ordinance approved by the voters of the City under this Article may be amended or repealed by the Council as are other ordinances of like nature. (c) If two or more clearly conflicting ordinances are adopted or approved at the same City election, then, as soon as practicable thereafter, the Council shall enact such amendments or repeals or both as may be necessary to remove the conflicts between these ordinances. In making these amendments or repeals or both, the Council shall preserve, and wherever reasonably possible preserve intact, the provisions of that ordinance which, among those in conflict, was adopted or approved by the greatest number of affirmative voters. ARTICLE V. ADMINISTRATIVE OFFICES, POWERS AND PROCEDURES Section 1 OFFICES, POSITIONS, DEPARTMENTS, ETC., CONTINUED BY CHARTER: The following offices and positions are hereby continued under the Charter: Mayor, mayor pro tem, city manager, city 160 treasurer, city attorney, chief of police, tax collector, fire chief, and building inspector. The Council may assign to the said offices and positions functions in addition to those set forth in this Charter, but may not discontinue or transfer from such offices and positions functions assigned to them by this Charter, except that: -1 The positions of, tax collector, city clerk and city treasurer, and of assistant city clerk and assistant city treasurer, may be combined, and the functions of any of these five positions may be assigned to the holders of any other of such positions; and -2 The positions of fire chief and police chief may be combined. Section 2 CREATION OF OFFICES, ETC.: The Council may create, combine, consolidate and abolish; may assign functions to; and may organize as it sees fit the work of: -1 Other offices and positions in addition to those named in Section (1): and -2 Such departments, boards, commissions and agencies as it seems appropriate. Section 3 CITY MANAGER: (a) CITY MANAGER: APPOINTMENT, QUALIFICATIONS, TERM AND COMPENSATION: The Council shall appoint the City Manager, who shall be the administrative head of the City government. He shall be responsible for the administration of all City offices, positions, departments, boards, commissions and agencies created by or under this Charter. He shall be appointed with regard to merit only and he need not be a resident of the City when appointed. He shall hold office during the pleasure of the Council, and shall receive such compensation as it may fix. (b) CITY MANAGER: POWERS AND DUTIES: The City Manager shall -1 be the administrative head of the City government; -2 see that within the jurisdiction of the City the laws of the State and the ordinances, resolutions, and regulations of the Council are faithfully executed; -3 attend all meetings of the Council, and recommend for adoption such measures as he shall deem expedient; -4 make reports to the Council from time to time upon the affairs of the City, and keep the Council fully advised of the Citys financial condition and its future financial needs. (c) CITY MANAGER: ABSENCE OR DISABILITY: In the event the City Manager shall be sick, absent from the City or otherwise unable to perform the duties of his office, the Mayor shall be ex officio City Manager until the Manager is able to resume his duties, and during said period the Mayor shall have all the power and authority of the Manager. Should the position of City Manager be vacant or in the event of the prolonged absence, illness, or other incapacity of the Manager, the Council may designate one of its number, the Mayor or any other person, as temporary Manager, and the person so designated shall have all the powers and authority of the Manager while he shall serve in the capacity. If the Mayor or any member of the Council serves as Manager for a temporary period, he shall receive such additional compensation as the Council may determine. 161 Section 4 CITY ATTORNEY: (a) POWERS AND DUTIES OF THE CITY ATTORNEY: The City Attorney shall -1 serve as legal advisor to the City Council, the City Manager and all City departments, officers and agencies; -2 represent as counsel the City, its officers, agents, or employees, in any legal action arising out of or connected with the proper functions of the City, its officers, agents, or employees, unless disqualified to so act; -3 approve as to form all ordinances and resolutions, including initiated or referred ordinances, prior to their introduction. Section 5 POLICE AND FIRE OFFICERS: (a) POWERS AND DUTIES OF THE CHIEF OF POLICE AND POLICEMEN: -1 The Chief of Police, acting under the City Manager, shall have supervision and control of the police force and shall enforce discipline therein. -2 The Chief of Police and each member of the police force shall havefor the purpose of enforcing City ordinances and regulations, of preserving the peace of the City, of suppressing disturbances and apprehending offenders, and for serving civil processthe powers of peace officers vested in sheriffs and constables. Such powers may be exercised within the corporate limits of the City and one mile beyond, upon City real property wherever located, and within the limits of the watershed of the City water supply. (b) POWER TO ESTABLISH POLICE EMERGENCY LINES: The City Council shall have the power to authorize the Chief of Police or other police officer in charge at the scene of a parade, fire, accident, disturbance, crime scene, natural or artificial disaster or emergency, or any large gathering of people, to provide barricades, ropes, signs, or other means of restraint, and it shall be unlawful for any person other than a law enforcement officer, fireman, or other person having official business at the scene, to cross a duly established police emergency line without express permission of a police officer at the scene. (c) FINGERPRINTING AND PHOTOGRAPHING OF ARRESTED PERSONS: The Chief of Police may provide for the taking of fingerprints and photographs of any person arrested by any police officer of the City of Lumberton, and the provisions of G. S. 148-80 shall not apply to the City of Lumberton. (d) CITY AND COUNTY JAILS: The keeper of the jail of Robeson County is hereby required to receive into the jail without a mittimus, any person under arrest by a police officer of the City, and to keep such person safely until he is brought out for trial. For such services, the jailer shall be entitled to such fees as are allowed him in like cases. The City may also provide and use a jail for the confinement of prisoners in its discretion, but the providing of a City jail shall not relieve the county jailer of the duty to receive prisoners from police officers of the City. (e) AUXILIARY POLICEMEN AND FIREMEN: -1 The City Council may provide for the organization, recruiting, training, equipping, and appointing of auxiliary policemen and auxiliary firemen for the City of Lumberton. -2 Duly appointed auxiliary policemen and firemen shall, while training and while performing duties on behalf of the City incidental to their 162 appointment, be entitled to workmens compensation benefits to the same extent as regular City employees. Compensation payments to auxiliary policemen shall be based upon the entrance salary of a regular City police patrolman at the time of the injury. -3 Auxiliary policemen and firemen shall not be entitled to renumeration for their services unless called into active duty by the Chief of Police, with approval of either the Mayor or City Manager, because of any emergency, in which event they may receive such compensation for their services as shall be fixed by the Council. Auxiliary policemen and firemen shall not be entitled to any benefits of compensation other than those provided by or pursuant to this Section. This subsection shall not in any manner affect the rights of any person to benefits provided by the State of North Carolina or by Act of Congress for civilian defense workers or auxiliary policemen and firemen. -4 The City of Lumberton shall be entitled to the same immunities with respect to the action of auxiliary policemen and auxiliary firemen in the performance of their duties or training or otherwise, to which it is entitled with respect to the actions of regular City policemen and firemen in the performance of their duties. (f) MUNICIPAL RESCUE SQUAD: The City Council may create a municipal rescue squad and, for the purpose of providing emergency life saving and rescue service to persons within the City whose lives or property are imperiled, may allocate sufficient funds to train and equip such an organization. The City may share the expenses thereof with Robeson County. In the event it shall be deemed advisable, the City Council may provide emergency life saving and rescue services by contracting with any incorporated, non-profit volunteer or community rescue squad. Any expenditure made hereunder is declared to be a necessary expense and for a public purpose. Section 6 CITY TREASURER: The City treasurer shall perform the functions prescribed by this Charter and by general law, and shall be provided with a surety bond at the expense of the City, in an amount fixed by the Council. The bond shall be filed with the City Clerk. Section 7 CITY TAX COLLECTOR: The City tax collector shall perform the functions prescribed by this Charter and by general law, and shall be provided with a surety bond at the expense of the City, in an amount fixed by the Council. The bond shall be filed with the City Clerk. Section 8 APPOINTMENT AND REMOVAL OF DEPARTMENT HEADS AND EMPLOYEES; SALARIES; ABSENCE OR DISABILITY: (a) The City Manager, except as otherwise provided in this Charter, shall appoint and may suspend and remove all City employees, and heads of departments, and, in his discretion, may employ consultants of any kind when needed. The Manager shall report to the City Council every appointment and removal of a department head at the next Council meeting following the appointment or removal. (b) All compensation and salaries shall be fixed or approved by the Council. 163 (c) In ease of the absence or disability of any department head or holder of any position named in this Charter, an assistant designated by the City Manager may perform the functions of the department head or position holder. (d) City employees and department heads shall perform such duties as may be required of them by the manager under general regulations of the Council. (e) Neither the Council nor any of its members shall take any part in the appointment or removal of department heads and employees in the administrative service of the City. Except for the purpose of inquiry, or for consultation with the City attorney, the Council and its members shall deal with the administrative service solely through the Manager, and neither the Council nor any member thereof shall give specific orders to any subordinates of the City Manager, be it publicly or privately. This Section shall not apply to action taken by a member of the Council while serving temporarily as manager, or as manager ex officio. Section 9 PUBLIC LIABILITY INSURANCE POLICIES COVERING CERTAIN EMPLOYEES: The City may purchase and pay the premium on a public liability insurance policy or policies to protect and hold harmless from loss any City employee or employees engaged in occupations found by the Council to be hazardous to the public generally. Section 10 LOSS AND THEFT INSURANCE POLICIES COVERING CERTAIN EMPLOYEES: The City may purchase and pay the premium on an insurance policy or policies to protect and hold harmless from loss by disappearance, theft, or means other than the wrongdoing of the insured employee or employees, any City employee or employees who are engaged in duties which require them to be responsible for public funds. Section 11 OATHS OF CERTAIN OFFICERS AND EMPLOYEES: Before entering upon the discharge of their duties, the holders of the following offices and positions shall be required to take and subscribe before the Mayor, or some other officer authorized to administer oath that they will faithfully and impartially discharge the duties of their respective offices or positions according to law: the Chief of Police and each member of the police force, the tax collector and assistant tax collector, and building inspector and all employees empowered to enforce the building code. All such oaths shall be filed with the City Clerk. Section 12 PERSONNEL BOARD: There shall be a personnel board for the City of Lumberton, to consist of three members, and be appointed by the City Council. Members of the personnel board shall serve for a term of three years, except that of the members first appointed, one shall be appointed to serve for three years, one for two years, and one for one year. Members shall be appointed by the City Council at their first regular meeting in July of each year and a member of the board may be removed by the Council only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests. Vacancies in an unexpired term shall be filled by the Council by appointment for the remainder of the term. 164 Each member of the personnel board shall be a qualified elector of the City and shall be known to be in sympathy with the merit principle. No lawyer practicing in any of the criminal courts of Robeson County shall serve on the board, and no member of the board shall become surety on any criminal bond during his service on the board. Members of the board are prohibited from seeking political office in the City government or from active participation in municipal elections immediately preceding or during their membership on the board. Members of the board shall not be eligible to succeed themselves on the board. The board at the first meeting in each fiscal year shall elect one of its members as chairman who shall preside at all meetings. Meetings shall be held from time to time as necessary, and two members shall constitute a quorum. Members of the board shall serve without compensation. The City Clerk shall serve ex officio as secretary to the board and shall perform such duties as the board may direct. The personnel board shall have the power and shall be required to: -1 Advise the City Council and the City Manager on municipal personnel problems. -2 Establish reasonable standards of qualifications for applicants seeking employment in departments covered by this Section. All qualifications required of applicants shall be reasonable and practical and shall fairly test the capacity and fitness of the persons examined to discharge efficiently the duties of the position to be filled. No standards or requirements shall be fixed with reference to education, age or physical conditions except such as relate directly to the duties of the office or employment to be filled. -3 Hold competitive examinations for all appointments within the police department, with the exception of the chief of police, and for all other positions as provided by municipal ordinance, and establish lists of eligible applicants from which appointments shall be made. -4 Give general publicity as to the time and place of each examination at least two weeks prior to the date of the examination. -5 Conduct public hearings upon the request of discharged, suspended, or demoted employees covered by this Section. Such requests shall be in writing and must be filed with the board not later than thirty days after such discharge, suspension or demotion. The board shall have all powers necessary to the complete investigation of the action taken, including the power to call and examine witnesses and papers. The board shall report in writing to the City Manager its findings and recommendations. All persons employed in positions covered by this Section at the time it becomes effective shall be deemed qualified for the positions they hold; all persons employed in positions brought under this Section by ordinance shall be deemed qualified for the positions they hold at the time the ordinance becomes effective. Persons employed pursuant to the terms of this Section shall serve satisfactorily for a period of six months before they shall be entitled to the right of appeal granted by this Section. No employee covered by this Section shall actively participate in any manner in any municipal election other than to cast his vote in any elec- 165 tion and express his opinion as a citizen with respect to any issue before the electorate. Participation in such activities shall be adequate reason for dismissal. ARTICLE VI. FINANCES AND FISCAL MATTERS: TAXATION: Section 1 GENERAL AUTHORITY TO LEVY AND COLLECT TAXES: To raise revenue for defraying expenses incident to the proper government of the City, the Council may annually levy and collect -1 an ad valorem tax on real and personal property (including intangible property not exempt from taxation) and on all other property subject to ad valorem tax; -2 a tax on all businesses, trades, professions, advocations, and franchises, carried on or enjoyed within the City; and -3 any other taxes permitted by general law. Section 2 LEVY, COLLECTION AND PAYMENT OF AD VALOREM PROPERTY TAXES: (a) Except as otherwise herein provided, ad valorem property taxes shall be imposed and collected in the manner provided by general law. (b) Ad valorem property taxes shall become due and payable on the date provided by general law, and interest shall he charged for late payment in the amounts and during the periods covered by general law. In the discretion of the City Council, discounts may be allowed for prepayment of taxes, and if allowed, shall be granted in the amounts and for the periods provided by general law. (c) The Council may make rules and regulations for the payment of the tax on any particular parcel or parcels of real estate or personal property listed in the name of any person, firm or corporation without requiring the payment of all of the taxes listed by such person, firm or corporation. The property upon which taxes are so paid shall be released or exempt from the lien of the unpaid portion of taxes. (d) If for any reason the making out of tax statements is delayed so that persons cannot ascertain the full amount of their taxes in time to take advantage of the discounts herein provided for, the Council may revise the schedule of discounts and penalties, either or both, as in its judgment may be fair and proper, but the maximum discount or penalty thus fixed by the Council shall not exceed the maximum provided for by subsection (b). Section 3 ADDITIONAL REMEDIES FOR COLLECTION OF PRIVILEGE LICENSE TAXES: In addition to any other civil or criminal remedy available to enforce the collection of privilege license taxes, the tax collector may employ the remedies of levy upon personal property, attachment and garnishment, in the manner of and subject to the limitations provided in G. S. 105-385 (c)-through (g). Section 4 INVESTMENT OF PROCEEDS OF THE SALE OF BONDS AND OTHER SURPLUS FUNDS: (a) The City Council, the City Manager and the treasurer acting jointly with authority granted by ordinance, shall from time to time carefully analyze the amount of cash in the general fund of the City and in all special funds of the City credited to any special purpose, and all proceeds from the sale of bonds hereinafter issued by the City. When in the opinion of the City Council, or City Manager and 166 treasurer, acting jointly, it is determined that the cash in any funds is in excess of the amount required to meet current needs, the Council, or the Manager and treasurer, acting jointly, may deposit excess funds at interest with an official depository in the City upon terms authorized by applicable laws of the United States and the State of North Carolina, or invest in shares of any building and loan association organized and licensed under the laws of the State of North Carolina, or in shares of any Federal savings and loan association organized under the laws of the United States and having its principal office in this State; or invest excess funds in bonds or certificates of indebtedness or treasury bills of the United States of America, or in bonds, notes or other obligations of any agency or instrumentality of the United States of America when the payment of principal and interest thereon is fully guaranteed by the United States of America, or in bonds of the City of Lumberton, North Carolina, or in certificates of deposit issued by banks or official depositories within the City of Lumberton, North Carolina. No funds may be invested, however, in building and loan associations unless and until authorized by the Insurance Commissioner, or in case of shares of a Federal savings and loan association, unless and until authorized by an officer of the Federal Home Loan Bank. (b) The funds shall be so invest d that, in the judgment of the Council, or of the Manager and treasurer, acting jointly, they may be readily converted into money as needed. Earnings from the investment of proceeds of sale of bonds may be applied to the payment of the interest or principal of the bonds from the sale of which the proceeds were derived, or may be applied as increment to the proceeds. Earnings received on deposits and the income from investments, other than the investment of the proceeds from the sale of bonds, unless otherwise required by law, shall be paid into the Citys general fund. Nothing in this Section shall be construed as permitting moneys realized from the investment of the proceeds of the sale of City of Lumberton bonds to be used for any purpose other than the purpose for which the bonds were authorized. (c) The City Council or the Manager and treasurer, acting jointly, may make deposits in designated depositories to the extent that the depositories have qualified to receive such deposits under the law, and may purchase and sell the securities or investments hereinabove set out privately and without notice, but no such securities or investments shall be purchased at more than the market price thereof nor sold at less than the market price thereof. The City may pay all costs of every nature incident to the purchase and sale of securities. (d) When the United States Government securities hereinabove mentioned are purchased and sold in New York City, New York, and it is not deemed practical to transport any or all of such securities from New York to Lumberton and from Lumberton to New York, the City Council is authorized to name a bank or banks with which such securities may be left in safekeeping account, either in the name of the City or in the name of a Lumberton bank, designated by the City Council as a bank which may hold for the City such securities in its customers account with a New York bank or banks likewise designated by the City Council. No security 167 shall be required for the protection of securities or investments thus held for safekeeping. No City officer or employee, including the officer or employees having charge or custody of City funds, or the surety or sureties on any official bond, shall be liable for any losses sustained when United States securities and investments are deposited or left with any bank or banks in the manner hereinabove authorized. ARTICLE VII. PROCUREMENT AND PROPERTY MANAGEMENT Section 1 CONTRACTING PROCEDURES: All contracts except leases provided for in Section 6 (b) and (c) of this Article, shall be made or authorized by the City Council, and no contracts shall bind the City unless reduced to writing and approved by the Council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the City attorney or shall be submitted to him before authorization by the Council. Section 2, SALE OF PERSONAL PROPERTY: Any. personal property not exceeding twenty-five hundred dollars ($2,500.00) in value at the time of sale may be sold or exchanged by the Council without advertisement. Personal property having a value in excess of twenty-five hundred dollars ($2,500.00) may be sold only at public sale after advertisement as prescribed in Section 4 of this Article. Section 3 SALE OF REAL PROPERTY NOT EXCEEDING FIFTEEN THOUSAND DOLLARS ($15,000.00) IN VALUE: Any real property owned and held by the City for governmental or other purposes, the fair market value of which (exclusive of special assessments thereon) does not at the time of sale exceed fifteen thousand dollars ($15,000.00), may be sold by the Council. When any satisfactory offer is made for the same, and a deposit of five per cent of the amount bid is made with the City Clerk, the Council shall cause to be published one time in some newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, there shall be posted in three places in the City, a general description of the property, the amount and the terms of payment offered, together with a notice that within ten days any person may raise the bid not less than five per cent. If within ten days any person raises the bid five per cent and deposits with the City Clerk a certified check covering the deposit for the increased bid, the City Clerk shall readvertise the offer, and shall continue to readvertise so long as the bids are increased and proper deposits are made; and when there is no increased bid within the prescribed time, the Council may sell and convey such property for the amount of the highest bid offered; but the Council may at any time refuse to proceed further with the proposed sale. In lieu of the foregoing procedure, the Council may, in its discretion, order a public auction sale of any real property without regard to its value. Section 4 SALE OF REAL PROPERTY EXCEEDING FIFTEEN THOUSAND DOLLARS ($15,000.00) IN VALUE: By a two-thirds vote of all members of the City Council, any real property owned and held by the City for governmental or other purposes having an apparent fair market 168 value in excess of fifteen thousand dollars ($15,000.00) may be sold by the City Council, but only at public sale and after advertisement. The resolution authorizing the sale shall describe the property to be sold, the time, place, and terms of sale, and shall state that any offer or bid must be accepted and confirmed by the Council before the sale shall be effective. The resolution may, but need not, require that the highest bidder at the sale deliver to the City treasurer, or other official designated by the City Council, a certified check in an amount named in the resolution, to guarantee that, if the sale is confirmed by the Council, the bidder will comply with the terms of his bid. The resolution shall be published in some newspaper published in the City which is qualified to carry legal notices, once a week for four successive weeks, or, if there be no such newspaper, the resolution shall be posted in three public places in the City, and the last publication may, but need not be, on the day of sale. After the bids have been received at the sale, the highest bid for the property shall be reported to the Council, and within thirty days thereafter the Council shall accept or reject the bid. If the bid is rejected, the Council may readvertise the property for sale. Section 5 SALE OR EXCHANGE OF EXCESS PROPERTY: In any case where the City has purchased property instead of taking it by condemnation for any public purpose, and, in the opinion of the Council, it is desirable to sell any excess of the property, that is, such property as is not needed for the particular improvement of public purpose, the Council may sell it by public sale, by receiving sealed bids, or by exchanging it for other property. In such case the provisions of Sections 3 and 4 shall not apply, except that public sale shall be as provided by Section 4 Section 6 LEASE OF PROPERTY: (a) Any property owned by the City, whether originally acquired for governmental or other purposes, may be rented or leased by the Council for a term not to exceed ten years if, in the opinion of the City Council, the property will not be needed by the City for the period of the lease. A lease may be made privately by the Council or publicly after notice is given in such manner and for such length of time as prescribed by the Council. In any case, however, where the lessee enters into a binding obligation to erect, upon property owned by the City, improvements to cost not less than one hundred thousand dollars ($100,000.00), the Council may rent or lease such property for a term not to exceed forty -40 years and such lease may be made by the Council either privately or publicly and upon such terms as in the judgment of the Council will promote the best interest of the City. (b) The City Manager shall have the authority, under rules and regulations adopted by the City Council, to lease, privately or publicly, any vacant land or any building to be used for dwelling purposes, owned by the City, from month to month, at a rental to be determined by the City Manager to be the fair rental value of the property. Section 7 USE, MANAGEMENT AND REGULATION OF PROPERTY: (a) The City Council shall have the power to adopt such ordinances for the use and regulation of streets, parks, playgrounds, cemeteries or other public property owned by the City in fee simple as may be 169 determined to be for the public welfare of the citizens of the City, and may determine, from time to time, what uses are to be made of such property consistent with the public interest, and shall specifically have the power to close any streets, and to abandon such cemeteries, public parks and playgrounds, or any other public facilities, or to alter, modify or change the use thereof, when it shall determine that the specific use to which such property is devoted is no longer in the public interest; and, if it shall be deemed proper by the City Council, in the manner herein provided, such property may be sold, leased or otherwise disposed of or used in such manner as may be in the public interest. Nothing herein contained, however, shall be construed to mean that the powers herein granted shall extend to permit the violation of any trust, or covenant or condition contained in any deed of property to the City for special purposes, or upon a specific trust or upon a specific condition of use for a special purpose. (b) The City Council may -1 sell, as provided in Section 4 of this Article, any part of any real property heretofore or hereafter conveyed or dedicated to the City for parks, recreation or playgrounds; and -2 dedicate and use for street, sidewalk, water, or sewer purposes such portion or portions of any such property as in the opinion of the City Council public convenience or necessity may require; but nothing herein shall have the effect of altering the terms or conditions of any agreement with the City, or conveyance to the City, relative to the use of property. Section 8 RELEASES AND QUITCLAIMS: (a) The City Manager is hereby authorized to execute releases of persons, firms, and corporations because of damages to personal property belonging to the City when the full amount of damages to such property is ascertained and statement thereof has been furnished to the Manager by the City Attorney and the amount of such release does not exceed five hundred dollars ($500.00). In the event that a draft or check is presented to the City which constitutes a release, instead of a regular release form, the Manager may direct that such draft or check be handled as other payments to the City and, when approved by the Manager, it shall constitute a release to the extent stated on the draft or check. (b) The City may quitclaim any rights it may have in property not needed for public purposes upon report by the City Attorney and City Manager, and adoption of a resolution by the City Council, both finding that the property is not needed for public purposes and that the Citys interest has no readily ascertainable monetary value. Section 9 RECORDS MANAGEMENT: The City Clerk shall be ex officio Clerk of the City Council, and shall keep records of its proceedings. He shall perform all other functions prescribed by this Charter and by general law. He shall have the same power to administer oaths, in the exercise of his official functions, as the Clerk of the Superior Court of Robeson County. He shall be provided with a surety bond at the expense of the City, in an amount fixed by the Council. The bond shall be filed with the City Manager. Section 10 CONFLICT OF INTEREST: Any officer, department head, employee, or board or commission member who has financial interest, 170 direct or indirect, in any proposed contract with the City or in a proposed sale of any land, material, supplies, or services to the City or to a contractor supplying the City, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such a contract or sale. Any officer, department head, or employee who willfully conceals such a financial interest or willfully violates the requirements of this Section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this Section with knowledge expressed or implied of the person or corporation contracting with or making a sale to the City shall render the contract void. ARTICLE VIII. PLANNING, ZONING, BUILDING REGULATIONS AND RELATED MEASURES. Section 1 AUTHORITY WITHIN CORPORATE LIMITS: The City Council may exercise within the corporate limits any planning, subdivision, zoning and building regulation powers (including plumbing, heating or electrical regulation powers) now or hereafter conferred by law upon cities and city governing bodies generally, or specifically conferred by law upon it or upon the City of Lumberton. Section 2 EXTRATERRITORIAL AUTHORITY. (a) For the purpose of promoting the orderly growth, expansion and development of the City of Lumberton and the surrounding territory hereinafter defined, and for the purpose of promoting the health, safety, morals, and general welfare of the citizens of such area, the City Council is hereby authorized to exercise any planning, subdivision, zoning and building regulation powers (including plumbing, heating, gas, or electrical regulation powers) now or hereafter conferred upon the City of Lumberton and vested in the Council by this Charter, the General Statutes, or any other statute applicable to the City of Lumberton, not only within the corporate limits of the City but also within the territory beyond the corporate limits, as now or hereafter fixed, for a distance of one mile in all directions. Such powers may be exercised to the same extent and according to the same procedures as are applicable to the exercise of planning, zoning, subdivision or building regulation powers (including plumbing, heating, gas, or electrical regulation powers) within the corporate limits of the City; but any ordinance intended to have application beyond the corporate limits of the City shall so provide. Such powers shall include the power to adopt such ordinances and regulations as may be considered necessary or expedient by the Council to regulate,-.control and restrict: -1 The height, number of stories, and size of buildings and other structures; -2 The percentage of a lot that may be occupied; -3 The size of yards, courts and other open spaces; -4 The density of population; -5 The location and use of buildings, structures, and land for trade, industry, residences, or other purposes; 171 -6 The construction of buildings, including plumbing, heating and electrical installations; and -7 The names of streets, and the City may provide street name signs in the area. (b) At least two but not more than four members of the Lumberton Planning Board, authorized by G. S. 160-22, shall be citizens and residents of the territory beyond the corporate limits of Lumberton and within one mile thereof. Members appointed from the territory beyond the corporate limits of the City of Lumberton shall be appointed in the same manner and shall have the same powers and duties as the other members of the Lumberton Planning Board, and laws, ordinances, rules and regulations applicable to the members of the Lumberton Planning Board shall be applicable to said members. (c) The City Council is authorized, in order to enforce properly the provisions of any zoning ordinance or building regulation, to require by ordinance that prior to the beginning of any construction, reconstruction or alteration of any building or structure, or for plumbing, heating, gas or electrical installations within said area, a permit or permits be obtained therefor from the building inspector of the City of Lumberton. All permits, plans, inspections and fees which are specified in the Lumberton Code of Ordinances will apply to such area within one mile beyond the corporate limits. (d) Membership on the Lumberton Board of Adjustment, authorized by G. S. 160-178, and the Lumberton Board of Adjustment, authorized by this Charter, shall not be limited to citizens and residents of the City of Lumberton, and members may be appointed to these boards who reside within the corporate limits of the City or within the territory beyond the corporate limits and within one mile thereof; except that not more than two members of the Lumberton Board of Adjustment, or one member and one alternate member, and not more than one member of the Lumberton Board of Building Appeals, shall be a resident or residents of the territory beyond the corporate limits and within one mile thereof. (e) In the event that any portion of the territory beyond the corporate limits of the City of Lumberton and within one mile thereof comes within an area which is subject to the jurisdiction of another municipality or political subdivision of the State which has authority to exercise planning, zoning, subdivision, or building regulation powers (including plumbing, heating, gas or electrical regulation powers) and is exercising such jurisdiction, then the authority herein granted to the City of Lumberton, to the extent that any conflict of jurisdiction may exist, shall not attach unless and until the governing body of such other municipality or political subdivision shall relinquish jurisdiction over said portion of said territory by resolution or ordinance of its governing board or body, or by repealing the regulations which it has adopted, and any such governing body or board is hereby authorized to pass or enact a resolution or ordinance relinquishing such jurisdiction. Except as otherwise herein provided, the 172 authority hereby given to City of Lumberton shall become effective immediately upon the adoption by the City Council of an ordinance making such territory subject to its authority. (f) The powers herein granted to the City Council are intended to be supplementary to any powers now or hereafter conferred upon it. The exercise of powers herein granted shall be within the discretion of the Council. This Section shall have no effect upon any existing city ordinances. The adoption of any ordinance under authority of this Section shall have no effect upon any litigation pending at the time of adoption of such ordinance. Section 3 AUTHORITY TO REQUIRE INSTALLATION OF CERTAIN IMPROVEMENTS PRIOR TO APPROVAL OF PLATS. (a) In connection with subdivision or platting controls, the City Council may require the improvement and grading of streets and the construction and installation of streets pavements, curbs, gutters, sidewalks, and water, sewer, surface water drainage, and other utility mains, as a condition precedent to approval of the plat. The requirement may provide for tentative approval of the plat previous to such improvement and installation; but any such tentative approval shall not be entered on the plat. The requirements may provide that in lieu of completion of the work and installations prior to final approval of a plat, the Council may accept a bond, in an amount and with surety and condition satisfactory to it, providing for and securing to the City the actual construction and installation of the improvements and utilities within a period specified by the Council and expressed in the bond. The City is empowered to enforce the bond by all appropriate legal and equitable remedies. Requirements adopted under this subsection may be applied throughout the area over which the City is authorized by law to exercise platting or subdivision controls. (b) The requirements may provide, in lieu of the completion prior to the final approval of a plat of such work and installation on land within the corporate limits of the City, for an assessment under this Charter or under Article 9 of Chapter 160 of the General Statutes or other statutory authorization whereby the City may do the work and make the installations at the cost of the owners of the property within the subdivision. Section 4 BUILDING INSPECTOR: The building inspector shall enforce the City Building code, shall perform the functions prescribed by this Charter and by general law, and shall perform such additional functions as may be assigned to him by the City Council. Unless otherwise decided by the City Council, the Chief of the Fire Department shall be the Building Inspector. If the City Council shall determine that a person other than the Chief of the Fire Department should exercise the duties and powers of the Building Inspector, it shall, by resolution, so direct, and in such event, the Building Inspector shall be appointed and removed by the City Manager as provided by State law. Section 5 BOARD OF BUILDING APPEALS. (a) The City Council may provide for the creation and organization of a board of building appeals to which appeals may be taken from the decision of the building inspector upon any provision of the building code of the City. 173 (b) The Board shall consist of five members to serve for three-year overlapping terms. It shall have power to elect its own officers, to fix the times and places for its meetings, to adopt necessary rules of procedure, and to adopt all other rules and regulations not inconsistent herewith which may be necessary for the proper discharge of its duties; and it shall keep an accurate record of all its proceedings. (c) An appeal from any decision or order of the building inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the City. Any appeal from the building inspector to the Board shall be taken within such reasonable time as shall be prescribed by the Board by general rule and shall be taken by filing with the building inspector and with the Clerk or Secretary of the Board, or with such other person as may be designated by the Board, a notice of appeal which shall specify the grounds upon which the appeal is based. Upon filing of any notice of appeal, the building inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the building inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed by the Board. When any appeal is from a decision of the building inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement of the building inspector until the hearing by the Board, unless the building inspector certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted, for due cause shown and upon not less than one days written notice to the building inspector, by the Board or by the Superior Court of Robeson County. (d) The Board shall fix a reasonable time for the hearing of all appeals and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the building inspector; but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision of the building inspector. In passing upon appeals, the Board shall have power not only to determine whether the decision of the building inspector is made upon a proper construction of the pertinent provisions of the building code but it shall have power also to allow materials and methods of construction other than those required by the building code to be used when in its opinion other materials and methods of construction are as good as those required by the code; and for this purpose the requirements of the building code shall be considered as a standard to which construction shall conform. The board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of 174 earrying out the strict letter of the building code, to adapt the application of the code to the necessities of the case to the end that the spirit of the code shall be observed, public safety and welfare secured and substantial justice done. (e) Every decision of the Board shall be subject to review by the Superior Court of Robeson County by proceedings in the nature of certiori instituted within fifteen days of the decision of the Board, but not otherwise. (f) The City Council in its discretion, may direct that the Lumberton Board of Adjustment referred to in Section 2(d) of this Article, and authorized by G. S. 160-178, shall also constitute and carry out the functions of the Board of Building Appeals. Section 6 FEES FOR BUILDING INSPECTION AND RELATED MATTERS: The City Council may fix its own fees, notwithstanding any State law for fixing such fees generally, for the inspection of: -1 the construction, alteration, repair, removal and demolition of buildings; -2 all plumbing, electrical, heating and air conditioning work done in the City; and -3 the erection, installation, repair, maintenance and operation of smokestacks and smoke-producing apparatus of any kind whatsoever. ARTICLE IX. UTILITY REGULATIONS Section 1 PUBLIC UTILITY FRANCHISES: (a) The Council may grant franchises for any public utility in: the manner provided by law, and, in its discretion and in accordance with Article IV of this Charter, may hold a referendum at the expense of the applicant on the question of granting a franchise. (b) Franchises granted hereunder: 1 Shall extend for such periods as the Council may determine, not to exceed sixty years, and may be renewable; 2 Shall be revocable at the will of the Council for violation of their terms or conditions; oe shall eta Boras eae if they pertain to streets, sidewalks, public grounds or places in the City 2….00….cccccceeececeeeeeenee be separately taxable, such taxes to be in addition to all other taxes; except when such imposition by the City is prohibited by any Statute now or hereafter in effect. 4, May not be transferred without the approval of the Council; 5 May contain such provisions …………….2….222.0200—–consistent with the General Statutes relating to the jurisdiction of the State Utilities CommisSION ae wee sen eee OE: FA as the Council deems proper concerning service, facilities, maintenance, operation, rates, accounting, reports and other matters; and 6 May reserve to the City the right to purchase the utility properties covered by the franchise upon such terms (including price) as may be provided for by the franchise, but in no event shall the value of the franchise be considered in determining the purchase price. 175 ARTICLE X. VEHICLES AND TRAFFIC Section 1 AUTHORITY OF CITY COUNCIL TO ADOPT REGULATIONS: (a) Subject to the provisions of subsection (b) of this Section, the City Council may adopt ordinances regulating the speeds of vehicles upon any city streets and may establish truck routes (or other required routes for limited classes of vehicles or traffic) applicable to any city streets. As used in this Section, the term city streets includes all public highways, roads and streets within the City limits, including numbered State highways, and highways, roads and streets maintained, repaired, constructed, reconstructed or widened in whole or in part with State funds. (b) An ordinance concerning vehicle speeds, truck routes or other required routes that applies to numbered State highways shall become effective only as provided in this subsection. The Council shall transmit to the State Highway Commission by registered mail a copy of the ordinance upon its adoption. The ordinance shall become effective if not disapproved by the Commission within twenty days following the next regular meeting of the Commission after the Commission has received a copy of the ordinance. (c) The authority herein granted to the City Council shall be in addition to any authority conferred by general law upon the City Council or the City to regulate vehicles, traffic or the use of city streets. Section 2 POWER TO REGULATE AMBULANCES AND WRECKERS: The Council may establish regulations governing the operations of ambulances, wreckers, and other motor vehicles used in connection with emergencies, disasters, or accidents, and may provide for the operation of an ambulance service or a wrecker service, or to enter into a contract or contracts for the providing of such service by a private person or persons. Section 3 POWER TO REGULATE OBSTRUCTION OF ALLEYS: If, in the opinion of the City Council, a fire hazard is created by the obstruction of private alleys, the City Council may adopt regulations governing the obstruction of private alleys, either by reason of the parking of motor vehicles or otherwise, but such regulations shall not be construed so as to restrict or limit the legal right of the owners of interests in a private alley to close the alley or to exercise other property rights therein. Section 4 LOCATION OF TRAFFIC CONTROL DEVICES: The City Council may authorize an official to designate the location of official traffic control devices, upon a determination by him: 1 If such a device is to be installed at a particular location, that its installation is necessary in order to control traffic congestion in the interest of public safety; or 2 If such a device is to be moved or removed from a particular location, that the device is no longer required at such location for control of traffic congestion in the interest of public safety. 176 An Official traffic control device, as used in this Section, is a sign, signal, marking, or device, including a parking meter, which is intended to regulate vehicular or pedestrian traffic. Section 5 TRAFFIC BUREAU. (a) The City Council may provide a traffic bureau to handle the following traffic violations: Parking over the allowed time Parking between one A. M. and six A. M. Parking more than twelve inches from the curb Parking within twenty-five feet of an intersection Parking too close to a fire hydrant Parking in a non-parking space Illegal use of loading zones, bus stops and taxi stands Parking at entrance of alley or driveway Parking at left side of curb Double parking Not displaying proper lights Making U turn in street where prohibited Illegal left or right turn Disregard of stop sign Not displaying city license Obstructing traffic Other violations of traffic ordinances enumerated in such ordinance. (b) The Council may eliminate any traffic violations from the foregoing schedule. (c) Any person receiving a citation or ticket for any traffic violation may pay through the traffic bureau the following amounts as payment of the civil penalty and be discharged: 1 Overtime parking one dollar ($1.00) 2 Traffic violations, other than overtime parking, not to exceed five dollars ($5.00) as fixed by the Council. (d) Any person given a citation or ticket by a police officer of the City of Lumberton for a violation designated as provided in subsection (a) may tender an amount not in excess of the sum provided for in subsection (c) as payment of the civil penalty. (e) No State tax shall be paid to the State of North Carolina in cases finally disposed of by the traffic bureau. (f) The City Manager shall designate a sufficient number of persons to operate the traffic bureau. (g) All civil penalties collected in the traffic bureau shall be paid into the general fund of the City of Lumberton. ARTICLE XI. CITY SERVICES AND FACILITIES Section 1 ANIMAL SHELTERS: The City Council may participate in the construction, operation and managemer:t of one or more animal shelters for the joint use of Robeson County and the City of Lumberton, as provided by Chapter 314 of the Session Laws of 1955 177 Section 2 CITY CEMETERIES: The City Manager may sell cemetery lots in the City cemeteries, subject to rules and regulations adopted by the City Council. All deeds or instruments conveying title to such lots shall be signed by the Mayor. Section 3 FIRE PROTECTION SERVICES: The Mayor, City Manager or any two members of the City Council may order the blowing up, tearing down or other destruction of any building when it is deemed necessary to stop the progress of a fire. No person shall be held liable, civilly or criminally, for acting in obedience to orders, nor shall the City, the Mayor, the City Manager, or the Council members be held liable, civilly or criminally, for the giving of such orders or for damages to property ordered destroyed. Section 4 GARBAGE AND REFUSE DISPOSAL: The Council may establish charges to be made for garbage and refuse disposal. In case any charge for the removal and disposal of garbage and refuse is not paid within ten days after it becomes due, the charge shall become a lien against the property served or in connection with which the service or facility is used and may be collected thereafter in the manner provided by Section 7, subsection (d) of this Article for collection of utility charges. Section 5 RECREATION FACILITIES: (a) The City Council may: 1 Regulate the use of all recreation facilities belonging to the City; 2 Regulate recreational uses of any city-owned reservoirs or bodies of water; 3 Promote athletic events and other recreation and entertainments in or involving any such facilities, reservoirs, or bodies of water, or contract for the promotion of athletic events, entertainment or recreation events, by leasing such facilities as provided in this Charter, or otherwise. (b) With respect to the use of city-owned reservoirs or bodies of water, the Council may: 1 Adopt regulations concerning boating on city-owned reservoirs and the taking of fish therefrom (including regulations of the size, kind and number of fish that may be taken and of fishing seasons); 2 Fix charges for fishing permits, boating permits, rental of fishing tackle and sale of bait; 3 Employ wardens to enforce any such regulations, and stock such reservoirs with fish. (c) In addition to the powers of regulation herein contained, the City may exercise all rights and privileges incident to the ownership of any recreational properties, including those rights, powers and privileges enumerated in Article VII, Section 7 of this Charter. Section 6 ROADS AND STREETS: (a) Establishment of Proposed Street Lines: Whenever, in the opinion of the City Council, it is for the best interest of the City that any street should be widened or extended, or both, or that a new street should be opened, the Council may pass an ordinance declaring that such street should be widened or extended, or both, or that such new street should be opened, and shall lay out in the ordinance the lines within which such 178 street should be widened, extended, or opened. If any street under the provision of such ordinance is to be widened, it need not be widened on both sides; and, if it is to be widened on both sides, the distance to be widened on both sides need not be the same. Any ordinance introduced for the purpose of widening, extending, or opening any street under the provisions of this Charter, may not be adopted until the proposed ordinance is published in a newspaper published in the City and qualified to carry legal notices at least two times, on separate days, at least ten days before the passage of the ordinance, or if there be no such newspaper, posted in three public places in the City. There shall be posted or published with the ordinance a notice stating when property owners may be heard by the Council. A public hearing on the question of the adoption of such ordinance shall be held prior to the passage of the ordinance. (b) Notice to City Required before Improvement: After the passage of such ordinance, it shall be unlawful for any land within the proposed street lines established by such ordinance to be built upon or improved, or for any part of any existing building within said lines to be repaired or otherwise improved until the City shall have first been given an opportunity to purchase or otherwise acquire said property for street purposes as provided in this Charter. To that end, any person proposing to build upon such land or to make repairs or improvements to that part of any existing building situated thereon shall, in writing, notify the City Council of the nature and estimated cost of such building, repairs, or improvements. The Council shall then determine whether it will take the necessary steps to acquire said land prior to the construction of said building or the making of such repairs or improvements, and if it fails within sixty days from date of receipt of said notice to acquire, or to institute condemnation proceedings to acquire, said property, the owner or other person giving such notice may proceed to erect the building in accordance with the ordinances and regulations of the City, or to make the repairs or improvements described in said notice. (c) Failure to Give Notice Bars Recovery: If any person, firm, or corporation builds upon any land included with proposed street lines, or repairs or otherwise improves that part of any existing building with proposed street lines without giving the City an opportunity to acquire said land free from said improvements, as provided in the preceding subsection of this Article, the City shall not be required to pay for the value of the building, repairs, or improvements in any proceeding subsequently brought to acquire said land for the purpose set out in said subsection. (d) Acquisition of Land: If upon receiving any notice in compliance with subsection (b) of this Article, the City Council determines to acquire said land immediately, it may acquire the same by grant, purchase, or condemnation. In no case shall an effort to purchase said land be necessary to the institution of condemnation proceedings. If the Council determines to proceed by condemnation, the condemnation shall be as set forth in this Charter. (e) Cost of Land Acquired for Street Widening to be Assessed as Part of Improvement: After any land has been purchased or condemned for 179 the purpose of widening, extending, or opening any street, and the land purchased or condemned lies within the limits of an improvement directed in said proceeding, then the amount paid by the City for the land purchased or condemned, together with the cost of the condemnation proceeding and interest on said amount paid and costs at the rate of six per cent per annum from the date of payment, shall be included in the cost of said improvement and shall be assessed as provided by law against the property to be assessed for the improvements. (f) Exercise of Condemnation Power after Failure to Condemn Following Notice: The failure of the City to acquire any land within thirty days after receiving notice that the same is to be built upon, or that a building thereon is to be repaired or otherwise improved, or its failure within said time to institute proceedings to condemn the same, shall not limit the right of the City at any subsequent time to condemn the same; but in such case the owner shall be entitled to compensation as provided by law for the building, repairs, or improvements made after the giving of the required notice and the failure of the City to acquire said land free of said improvements. (g) Power to Close Streets: The City Council shall have the power to close any street or portion thereof that is now or may hereafter be opened or dedicated, either by the recording of a subdivision plat or otherwise. Upon receipt of a sufficient petition signed by the owners of a majority of the property abutting a street, requesting that it be closed, and after an investigation of the sufficiency of the petition by the City Attorney, the City Clerk shall publish a notice of a public hearing to be held by the Council, such publication to be once a week for four successive weeks, in some newspaper published in the City which is qualified to carry legal notices, or if there be no such newspaper, by posting a notice at three public places in the City. Any individual owning property abutting a street who do not join in the request for closing the street shall be notified by registered letter of the time and place of the public hearing. If it appears to the satisfaction of the City Council that the closing of the street is not contrary to the public interest, and that no individual owning property in the vicinity of the street or in the subdivision in which it is located will thereby be deprived of reasonable means of ingress or egress to his property, the City Council may order the closing of the street; provided, that any person aggrieved may appeal within thirty days from the order of the Council to the Superior Court of Robeson County, where the question shall be heard de novo. Upon such an appeal, the Superior Court shall have full jurisdiction to decide the matter upon the issues arising and to order the street closed upon proper finding of fact by a jury. A certified copy of the order of the Council (or the judgment of the Superior Court in the event of an appeal) shall be filed in the Office of the Register of Deeds of Robeson County. Upon the closing of a street in accordance with the provisions of this subsection of this Article, all right, title, and interest in the portion of the street closed shall be conclusively presumed to be vested in the owners of the lots or parcels of land abutting the portion of the street closed, and the title of each of such owners shall, for 180 the width of the abutting land owned by such persons, extend to the center of the street. Copies of the registered letters giving the notice required by this subsection of this Article, and the return receipts or other good and sufficient evidence of the giving of the required notice, shall be recorded in the register of deeds office, together with the resolution of the Council (or with the judgment of the Superior Court, in cases where an appeal was taken). No final action shall be taken by the City Council to close a street until the matter has been referred to the Lumberton Planning Board for study and recommendations, but no public hearing shall be necessary before the Lumberton Planning Board. (h) The resolution ordering the closing of a street may provide for utility rights-of-way to be retained by the City or public utility company, if needed. Section 7 WATER SUPPLY, SEWERAGE AND WASTE DISPOSAL AND OTHER UTILITIES: (a) Operation of Water Systems, Sewerage and Waste Disposal Systems, and other Utilities. The City Council may: 1 Provide for the construction or acquisition and operation of utilities and utility systems; 2 Acquire any real or personal property necessary or incidental thereto, including equipment, machinery, and all manner of rights or interests in or relating to land and water, and appurtenances thereto; and 3 Establish rates of charge for utility services and for the use of utility facilities. (b) The City Manager shall have the entire supervision and control of the management of all city utilities and utility systems. With the approval of the City Council he may adopt rules and regulations: 1 Concerning the management of utility and utility systems, with regard to such matters as maintenance, operation, and improvement thereof, or requiring the pretreatment of waste; and 2 Concerning collection of charges for utility services and for the use of utility facilities. If pursuant to any rule or regulation utility service to any property is discontinued, it shall be unlawful for any person, firm or corporation without the City Managers approval to renew a utility service or to use it without having first paid any outstanding charges and obtained the approval of the City Manager. Violations of this paragraph shall be misdemeanors punishable by a fine of not exceeding fifty dollars ($50.00), or imprisonment for not exceeding thirty days. As used in this Charter, unless the context otherwise requires, the term utility includes water supply, water distribution, sewerage, waste disposal, electric power, gas, and public transportation utilities. (c) Water Connection by Abutting Owners: The City Council may require that within thirty days after a water main or sewer main is completed and made ready for use, the owner of every abutting lot whereon water is supplied for any human use shall cause the lot to be connected to the water main or sewer main. 181 (d) Liens for Utility Charges: In case any charge for utility service or for the use of utility facilities is not paid within ten days after it becomes due, the same shall become a lien upon the property served or in connection with which the service or facility is used. The charge may at any time thereafter be collected, either by suit in the name of the City or by the City Tax Collector for the City, by the sale of the property upon which the lien attaches at the Robeson County Courthouse door, after advertising the sale once a week for four successive weeks in some newspaper published in the City which is qualified to carry legal notices. The sale shall be made under the same rules and regulations, and subject to the same costs and penalties and to the same rights of redemption as are provided by law for the foreclosure of the lien on real estate for taxes. ARTICLE XII. EMINENT DOMAIN Section 1 CONDEMNATION PROCEDURE; INTEREST ACQUIRED: The City of Lumberton shall possess the power of eminent domain, and may acquire, either by purchase or condemnation, any land, right of access, right-of-way, water right, privilege, easement, or any other interest in or relating to land or water, either within or beyond the city limits, including but not limited to a right-of-way in and across lands owned or held as right-of-way by a railroad or other public utility company (provided that the operation of such railroad or other public utility company may not be impaired unreasonably thereby), for any lawful public use or purpose. Unless otherwise expressly provided in the condemnation resolution, a fee simple title shall pass to the City upon the condemnation of any such interest. In any case where the owner of land to be condemned or of any interest therein is a minor, an insane person, or otherwise under any disability, any notice hereinafter required by this Article to be served upon such owner shall be served upon his guardian, and service upon such guardian shall be sufficient without service on the minor, insane person, or person under disability. Thereafter such guardian may exercise on behalf of his ward with respect to such condemnation proceeding all the powers conferred upon such person as owner. Water rights or other interests relating to water may be condemned under the procedure set forth in this Article for the condemnation of land and interests therein. Section 2 EFFORT TO PURCHASE NOT REQUIRED: It shall not be necessary to the condemnation by the City of any land or interest therein, whether pursuant to this Article or otherwise that the City shall have attempted to acquire the needed land by grant or purchase prior to the commencement of condemnation proceedings. Section 8 RESOLUTION PROPOSING CONDEMNATION. (a) When any land required by the City for any purpose allowed by this Charter or the general law of the State is proposed to be condemned under the specific provisions of this Charter, the City Council shall adopt a resolution which shall contain substantially the following provisions: 1 A description of the land proposed to be condemned in fee, or of the interest or easement proposed to be condemned; 182 2 If there is any building or other property situated wholly or partly upon the land to be condemned, the determination of the City Council as to whether the owner shall be allowed to remove such property or whether the same shall be condemned; 3 A statement of the purpose for which said land or easement is proposed to be condemned; 4 The name and address of the owner or owners of said land and of any other person or persons interested therein whom it is necessary to make a party to the proceeding; 5 The name of the disinterested freeholder of the City appointed as appraiser by the City Council; 6 A notice that the owner or owners of said land, or interest therein or a majority in interest of said owners, may, within fifteen days after service of said resolution upon all of them, appoint one appraiser (who shall be a disinterested freeholder of the City) to represent them, the name of which appraiser shall be reported in writing to the City Clerk within said fifteen days; 7 A notice that the appraiser appointed by the City and the appraiser appointed by the owner or owners, or if the owner or owners fail to appoint, then the two appraisers appointed by the City, shall appoint a third appraiser, and that the three thus appointed shall constitute a board of appraisers, whose duty it shall be to determine the damages and benefits which will result from the condemnation of said land or easement or interest therein; 8 A notice of the time fixed for the first meeting of the appraisers, and said meeting will be held upon the premises to be condemned. (b) It shall not be necessary to institute separate condemnation proceedings against the several owners of tracts or parcels of land affected by proposed local improvements. Section 4 SERVICE OF RESOLUTION PROPOSING CONDEMNATION: A copy of the resolution proposing condemnation shall be personally served upon each of the owners of the land proposed to be condemned; provided, that if the resolution cannot be personally served upon any of the owners, then it may be served by publication once a week for two successive weeks in some newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the City. Section 5 FAILURE OF OWNERS TO APPOINT APPRAISER: If within fifteen days after service of the resolution upon all of the owners, they or a majority in interest of them fail to appoint an appraiser and to report his name to the City Clerk, the City Council shall appoint a disinterested freeholder of the City to represent them. Section 6 APPOINTMENT OF THIRD APPRAISER; OATH: The appraiser appointed by the City Council, and the appraiser appointed by the owner or owners, or if the owner or owners fail to appoint, then the two appraisers appointed by the City Council, shall appoint a third appraiser, who shall be a disinterested freeholder of the City, and shall 183 report his name to the City Clerk. Each appraiser shall take an oath or affirmation that he will fairly and impartially discharge his duties as an appraiser. Section 7 FIRST MEETING OF APPRAISERS: At the time fixed by the resolution of condemnation, the appraisers shall meet on the premises proposed to be condemned. If for any reason a meeting cannot be held at the time fixed by the City Council, then a meeting shall be held at another time fixed by the appraisers, in which case notice of the time and place of the meeting shall be personally served upon each of the owners of the land or easement proposed to be condemned, or if the notice cannot be personally served, it may be served by publication once a week for two successive weeks in some newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the City. The notice, whether given personally, by publication, or by posting, shall be served not less than five days prior to the date of the hearing. At the first meeting the appraisers shall view the premises affected by the proposed condemnation; and shall hear, but need not reduce to writing, any evidence as to damages and benefits that will result from the proposed condemnation presented by the owners or by the City. The appraisers may make their report at or after the hearing or they may, in their discretion, hold subsequent meetings. Section 8 SUBSEQUENT MEETINGS; WHEN NOTICE REQUIRED: Subsequent meetings of the appraisers shall be held at such times and places as may be determined by them. Of such meetings no notice need be given either to the owners or to the City unless such meetings are to be public and for the purpose of hearing evidence. If held for such purpose, then unless such meeting is held at a time and place to which a former meeting of which the parties had lawful notice was adjourned, notice of the meeting shall be personally served upon all the parties, or, if such notice cannot be served personally, it may be served by publication once a week for two successive weeks in a newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, by posting in three public places in the City. The notice shall be served or publication or posting thereof completed not less than five days prior to the time fixed for the meeting. Section 9 DETERMINATION OF DAMAGES AND BENEFITS; REPORT: In determining the compensation to be paid by the City for the land or easement condemned, the appraisers shall take into consideration both the loss or damage which will result to the owners from the condemnation of the land or easement and the benefits that will result to any remainder of such land from the improvement for which the land or easement is to be condemned, the benefits to include both benefits or advantages special to the land and the benefits or advantages to the land in common with other lands affected by the improvement. The appraisers shall also take into consideration the value of any building or other property situated on the land proposed to be condemned if the owner is to be allowed to remove the building or other property, and the value thereof shall not be included in the compensation award. Having determined damages and 184 benefits, the appraisers shall make their report to the City Council, in which report the appraisers shall show separately the amount of damages, the amount of benefits, and the amount which shall be paid by the City if it finally condemns the land or easement. In the event the property condemned is subject to a recorded lease or leases, the appraisers shall apportion the award between or among the person or persons owning the fee or fees and the person or persons owning the leasehold interest or interests; but in no event shall the total of the amounts so apportioned exceed the value of the property were it not subject to a recorded lease or leases. The report shall be sufficient if it is concurred in by two or three appraisers. In the event that no two of the three appraisers can agree upon an appraisal, three new appraisers may be appointed in the same manner as the original appraisers, and the new appraisal board shall follow the same procedure as required of the original appraisal board. Section 10 ACTION OF COUNCIL ON REPORT: Within thirty days after the report of the appraisers is submitted to the City Council, the Council shall determine what action it will take thereon. If the Council determines to abandon the proposed condemnation, it shall adopt a resolution to that effect; but the abandonment of the condemnation shall not prevent the City Council from thereafter instituting a proceeding to condemn the same land or easement. If the Council determines to condemn the land or easement, it shall adopt a resolution which shall contain substantially the following: (a) A recital that a board of appraisers has been appointed to determine the compensation to be paid for the land or easement, as provided by this Charter, and that the appraisers have remitted their report to the Council; (b) A statement of the amount of damages and benefits as fixed by the appraisers and of the compensation to be paid by the City for the land or easement condemned as fixed by the appraisers; (c) The determination of the Council as to the condemnation of the land or easement; (d) A description of the land condemned in fee or of the easement condemned; (e) A statement of the purpose for which the land or easement is condemned; (f) The name of the owner or owners of the land and of other persons interested therein who were made parties to the proceeding; (g) The determination of the Council as to the time when the City will take possession of the land or easement condemned, and a direction that such premises shall be vacated by such time, and, in case the owner is allowed to remove any building or part thereof or any other property on the premises, a direction that such property shall be removed before said date and that if the owner fails to remove the same within said time, the Council will have the same removed and the cost thereof shall be a lien upon the remainder of the property. Section 11 VESTING OF TITLE IN CITY: The adoption by the City Council of a final resolution of condemnation, as provided in the preceding 185 Section shall have the effect of a judgment against the City of Lumberton for the amount of compensation fixed by the appraisers and shall vest in the City title to the land or easement condemned. Section 12 APPEAL TO SUPERIOR COURT: If upon the adoption by the City Council of a final resolution of condemnation, either the owner of the land or easement condemned or the City Council itself is dissatisfied with the amount of the compensation to be paid for such land or easement as fixed by the appraisers, such owner or the City or both may, within ten days from the date of adoption of such resolution, appeal to the Superior Court of Robeson County. The party or parties appealing shall, within said ten days, give notice of appeal to the other party by personal service if practicable and, if not, by publication of a notice one time in a newspaper published in the City which is qualified to carry legal notices. The appeal or appeals shall not interfere with the vesting in the City of the title to the land or easement condemned or hinder the City in any way from proceeding with the improvements for which such land or easement was condemned, except that if the land or interest therein is owned by another public or quasi-public body, or by a railroad or public utility company, the vesting of title in the City shall not become effective until the Court has rendered final judgment on the question of whether the condemnation by the City is in the public interest, and has determined the amount of compensation to be awarded for the condemnation, in which case the Court may, in its discretion, reduce the amount of land or interest therein which it shall allow to be condemned. Section 13 RECORD UPON APPEAL: Upon an appeal taken by either party, the City Clerk shall certify a copy of the record in the condemnation proceeding to the Superior Court of Robeson County, and such appeal shall be tried as other actions at law. The record upon appeal shall be composed of the preliminary resolution of condemnation, the oath of appraisers, the report of appraisers, the final resolution of condemnation, and the notice or notices of appeal. The record upon appeal, or any part thereof, shall be competent as evidence upon the trial of an appeal. Section 14 CONDEMNATION BEFORE DETERMINATION OF COMPENSATION: When, in the judgment of the City Council, the public interest requires that the City enter into immediate possession of any land, it shall adopt a resolution stating such necessity and the reason therefor, and condemning the required land or easement, and providing for the determination of the compensation to be paid by the City for the land or easement. The procedure therefor with respect to determination of such compensation shall follow as closely as practicable the provisions of this Article, or the provisions of general law concerning Eminent Domain. This Section shall not apply to land, or interests therein, owned by another public or quasi-public body, or railroad or public utility company. Section 15 REGISTRATION OF CONDEMNATION PROCEEDINGS: In any case where any land or any easement therein has been or may hereafter be condemned by the City Council, a copy of so much of the condemnation proceedings as may be necessary to show the land or easement therein condemned and the condemnation thereof shall be certified by the 186 City Clerk and the same, upon being probated by the Clerk of the Superior Court, or other person authorized by law to probate instruments for registration, shall be registered in the Office of the Register of Deeds of Robeson County. Section 16 SALE OR OTHER DISPOSITION OF LAND CONDEMNED: When any land condemned in fee by the City is no longer needed for the purpose for which it was condemned, the same may be used by the City for any other purpose or may be sold or otherwise disposed of. Section 17 REMOVAL BY CITY OF STRUCTURES ON CONDEMNED LAND; LIEN: When property upon which any building or other structure is wholly or partly located is condemned by the City under the provisions of this Charter or any other law, and the owner is allowed to remove such building or structure or part thereof, the City Council may, after the report of the appraisers has been made, name the time within which the owner may remove the building or structure, or part thereof, and if the owner fails to remove the same within said time, the Council may remove the same and the cost thereof shall be a lien upon the remainder of said land, or such cost may be recovered by the City in any court of competent jurisdiction. Section 18 PROCEDURE NOT EXCLUSIVE: The condemnation procedure set forth in this Article shall not be exclusive but shall be in addition to any other procedure provided by law. Section 19 PROCEDURE NOT APPLICABLE OUTSIDE OF ROBESON COUNTY: The condemnation procedure set forth in Article 2 of Chapter 40 of the General Statutes of North Carolina and not the procedure set forth in this Article shall be applicable to the exercise of the power of eminent domain by the City for the condemnation of any land, right of access, right-of-way, water right, privilege, easement, or any other interest in or relating to land or water which is or are located outside of the geographic boundaries of Robeson County. ARTICLE XIII. LOCAL IMPROVEMENTS AND ASSESSMENTS FOR LOCAL IMPROVEMENTS Section 1 AUTHORITY TO MAKE LOCAL IMPROVEMENTS: The City Council shall have authority to make the local improvements described in this Charter, and to assess the cost against benefited property. The procedure set forth in this Article shall not be exclusive, but shall be in addition to any other procedure provided by law. Section 2 SEPARATE PROCEEDINGS NOT REQUIRED: One or more local improvements may be made in a single proceeding, and assessments for one or more local improvements may be combined. Section 3 DEFINITIONS: Certain words and phrases will be used with the following meanings with reference to local improvements, unless some other meaning is plainly intended. (a) A street is the entire width between property lines of every way or place, of whatever nature, when any part thereof is dedicated or 187 open to the use of the public as a matter of right for the purpose of vehicular or pedestrian traffic. (b) A sidewalk is the part of a street which is used, or to be used, for pedestrian traffic. (c) A storm sewer is a conduit above or below ground for the passage of storm water, and may include a pumping station and outlet where deemed necessary, and may also include the building of culverts over or the enclosing of streams where needed to carry off storm water. (d) A sanitary sewer is an underground conduit for the passage of sewage and may include a pumping station and outlet. (e) A water main is a pipe for the passage of city water for public hydrants and private and public use and consumption. (f) A lateral is a pipe connecting a storm or sanitary sewer or water main with the line of adjacent property or the curb line, being either a sewer lateral or water lateral, but does not include a building connection, that is, a pipe extending from a lateral at the property line or curb line to the house or plumbing fixture to be served. (g) A roadway is the part of a street which is used, or to be used, for vehicular traffic. (h) The word sewer includes both sanitary and storm sewers unless a contrary intention is shown. Section 4 IMPROVEMENTS DESCRIBED: The Council shall have authority to make the following local improvements: (a) Roadway paving improvements, which include the grading, regrading, paving, repaving and widening of roadways, or the improvement thereof with any treatment designed to provide an improved wearing surface, with necessary drainage, sewer inlets, manholes and catch basins and the construction or reconstruction of retaining walls made necessary by any change of grade incident to such improvement, and in any case where the improvement is made upon petition if the petition so requests, or in any case where the improvement is made without petition if the Council so directs, it may include the construction or reconstruction of curbs, gutters, drains, and sidewalks. (b) Water main improvements, which include the laying or construction of water mains, the relaying where necessary of parts of paved roadways and sidewalks torn up or damaged by the laying or construction of such mains, and, in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the Council so directs, the laying of water laterals. (c) Sanitary sewer improvements, which include the laying or construction of sanitary sewers, the relaying, where necessary, of parts of roadways and sidewalks torn up or damaged by the laying or construction of such sewers, and in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the City Council so directs, the laying of sanitary sewer laterals. 188 (d) Storm sewer improvements, which include the laying or construction of storm sewers, the relaying, where necessary, of parts of paved roadways and sidewalks torn up or damaged by the laying or construction of such sewers, and in any case where the improvement is made upon petition and the petition so requests, or in any case where the improvement is made without petition and the Council so directs, the laying of storm sewer laterals. (e) Sidewalk improvements, which include the grading, regrading, construction, reconstruction and repair of paved or other improved sidewalks, the construction or reconstruction of retaining walls made necessary by and incident to such improvements, and, in any case where the improvement is made upon petition, if the petition so requests, or in any case where the improvement is made without petition if the Council so directs, it may include the construction or reconstruction of curbs, gutters and drains, and the construction or reconstruction of all such portions of driveways as in the judgment of the Council ought to be laid in the street area. (f) Grass plot improvements, which include the grading and planting of grass plots in a street. Section 5 WATER AND SEWER MAINS BETWEEN STREETS: Whenever the Council finds it in the public interest, and it will be more economical and the interest of the property owners will best be served by constructing either water or sanitary sewer mains, or both, between streets rather than in a street, the petition may provide therefor, or in the event the water and sanitary sewer mains may be constructed in a street without petition, they may be constructed between streets without petition. The cost of the construction of such water or sewer mains and laterals shall be assessed according to the street frontage in the same manner and to the same extent that it would be assessed if the improvements were constructed in a street; provided that the City shall provide the rights-ofway for construction and maintenance of such mains at its own expense without assessing the cost thereof. Section 6 INCLUSION OF MORE THAN ONE IMPROVEMENT IN SINGLE PROCEEDING: (a) Any proceeding may include one or more local improvements on one or more streets, but all improvements included in one procedure shall be practically uniform in cost and kind. A petition may include improvements on only one side of a street. (b) The petition may provide for making any one or more local improvements in or on a street or streets and for the assessment of the cost therefor, except the Citys portion, wholly against the property abutting one side of such street or streets or otherwise against such abutting property as may be designated in the petition in any of the following cases: -1 In any case where there is park land or unimproved land abutting one side, or a part of one side, of a street; or -2 where the land abutting one side, or a part of one side of a street, is of such a nature or is devoted to such a purpose that a special assessment against it cannot be made, or, if made would probably exceed the value of the land assessed; or -3 where the owners of all the property to be assessed agree thereto. 189 Section 7 THE PETITION; CERTIFICATE OF SUFFICIENCY: (a) Except as otherwise provided in subsection (b), the petition for any local improvements shall designate by a general description the improvements proposed, and shall request that such proportion of the cost of each of such improvements as may be specified in the petition be specifically assessed against the property abutting on the street or streets or part thereof in which or on which such improvements are proposed to be made. The petition shall be filed with the City Attorney. (b) -1 In any case where the improvement is to be made on one side of a street only, the petition shall request that the assessment be made only against the property abutting that side of the street whereon the improvement is to be made. -2 In any case where it is proposed to assess the cost of any local improvement covering the entire width of a street against the land abutting one side of the street only or against any lands less than all of those abutting the improved portion of the street, such petition shall designate the lands to be assessed. (c) Except as otherwise provided in subsection (d), the petition shall be signed by at least a majority in number of the owners, which majority must own at least a majority of all the lineal feet of frontage, of the lands abutting the street or streets or part of a street or streets proposed to be improved, excluding street intersections. (d) -1 A petition for the making of local improvements on one side of a street only need be signed only by a majority in number of the owners of land abutting the side of the street whereon such improvement is to be made, which majority must own at least a majority of all the lineal feet of frontage of the lands abutting such side of the street, excluding street intersections. -2 Any petition for the making of any improvements covering the entire width of a street and the assessment of the cost thereof against the land abutting one side of the street only or against any lands less than all of those abutting the improved portion of the street, shall be signed by all of the owners of the lands thus proposed to be assessed. (e) -1 For the purpose of the petition, all the owners of undivided interests in any land shall be deemed and treated as one person and such land shall be sufficiently signed for when the petition is signed by the owner or owners of a majority in amount of such undivided interest. -2 For the purpose of this Section the word owner shall be considered to include the owners of any life estate, of an estate by entirety, or of the estate of inheritance, and shall not include mortgages, trustees of a naked trust, trustees under deeds of trust to secure the payment of money, lien holders, or persons having inchoate rights of courtesy or dower. (f) Upon the filing of such petition, the City Attorney shall investigate the sufficiency of the petition, and if it. is found to be sufficient, he shall certify the same to the Council. Section 8 WHEN PETITION UNNECESSARY: No petition shall be necessary for the making of any local improvements for which the City bears the entire cost without assessment: 190 (a) If, in the judgment of the City Council, the abutting property to be assessed will be benefited in an amount at least equal to the assessment, no petition for local improvement shall be necessary in the cases set forth in subsections (b) through (f) of this Section. (b) Street Paving Improvements. When, in the judgment of the Council: -1 Any street or part of a street is unsafe; or -2 The improvement of a street or part of a street not more than three blocks in length is necessary to connect streets already paved; or -3 The improvement of a street or part of a street is necessary to connect a paved street, or portion thereof, within the City with a paved highway beyond the city limits; or -4 The improvement of a street or part of a street is necessary to provide a paved approach to a railroad or street grade separation or any bridge; or -5 Any street or part of a street should be widened. (c) Water Main Improvements. When, in the judgment of the Council, any street or part of a street, or any property within the City, is without a public water supply and can be served, and water service should be provided in the public interest. (d) Sanitary Sewer Improvements. When, in the judgment of the Council, any street or part of a street, or any property within the City, is without a public sanitary sewer system and can be served, and sanitary sewer service should be provided in the public interest. (e) Storm Sewer Improvement. When, in the judgment of the Council, any street or part of a street, or any property within the City, is without storm sewer facilities, and can be served, and storm sewers should be provided in the public interest. (f) Sidewalk Improvements. When, in the judgment of the Council any street or part of a street is without sidewalks and sidewalks should be provided in the public interest, or that any existing sidewalk is unsafe and should be repaired. Section 9 NOTICE OF HEARING: (a) Upon the presentation of a sufficient petition for local improvements, or when it is proposed to make without petition any improvements authorized to be made without petition, a notice shall be prepared by the City Attorney which shall contain substantially the following: -1 That a sufficient petition has been filed for the making of the improvements, or, if it is proposed to make the improvements without petition, a statement of the reasons proposed for the making thereof; -2 A brief description of the proposed improvements; -3 The proportion of the cost of the improvements to be assessed and the terms of payment; -4 A statement of the time and place of a public hearing on the proposed improvements; -5 A statement that all objections to the legality of the making of the proposed improvements shall be made in writing, signed in person or 191 by attorney, and filed with the City Clerk at or before the time of the hearing, and that any objections not so made will be waived. (b) The notice shall be published one time in a newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, the City Clerk shall cause it to be posted in three public places in the City, the date of publication or posting to be not less than ten days prior to the date fixed for the hearing. A copy of the notice shall be served upon the owners of the lands subject to assessment for such improvements if such owners can be found with reasonable diligence within the City. If any such owner cannot with reasonable diligence be found within the City, then a .copy of the notice shall be mailed to his address, as nearly as the same can be ascertained with due diligence. The certificate of the person designated to serve or mail the notices that such notices were served or mailed shall be conclusive in the absence of fraud. The serving or mailing of notices shall be completed not less than five days prior to the date fixed for the hearing. The word owners as used herein has the same meaning as in Section 7 of this Article. Section 10 PUBLIC HEARING: At the time for the public hearing, or at some subsequent time to which such hearing shall be adjourned, the Council shall consider objections to the legality of the improvements made in compliance with paragraph -5 of subsection (a) of the preceding Section, together with objections to the policy or expediency of the making of the improvements, and the Council shall thereafter determine whether it will order the making of the improvements. Any objections to the legality of the making of the improvements not made in writing, signed in person or by attorney, and filed with the City Clerk at or before the time or adjourned time of the hearing shall be considered as waived; and if any such objection shall be made and shall not be sustained by the Council, the adoption of the resolution ordering the making of the improvements shall be the final adjudication of the issues presented, unless within ten days after the adoption of the resolution proper steps shall be taken in court of competent jurisdiction to secure relief. Section 11 RESOLUTION ORDERING IMPROVEMENTS: PUBLICATION: (a) After the public hearing, if the Council determines to make the improvements proposed, it shall adopt a resolution which shall contain: -1 If the improvements are to be made by petition, a finding by the Council as to the sufficiency of the petition, which finding shall be final and conclusive. -2 If the improvements are to be made without petition, a finding by the Council of such facts as are required in order to authorize improvements without petition. -3 A general description of the improvements to be made and the designation of the street or streets or parts thereof where the work is to be done. -4 If the improvement directed to be made is the paving of a roadway or part thereof wherein a railroad company has tracks, a direction that said company pave that part of the street occupied by its tracks, the rails 192 of the tracks, and 18 inches in width outside such tracks, with such material and in such manner as the governing body may prescribe, and that unless such paving be completed on or before a day specified in the resolution, the governing body will cause the same to be done. Where such railroad company shall occupy such street or streets under a franchise or contract which otherwise provides, such franchise or contract shall not be affected by this Section, except insofar as may be consistent with the provisions of such franchise or contract. -5 If the improvement directed to be made includes the construction of water mains or sewers, and in order to provide the mains and sewers in the street or streets to be improved it is necessary to extend them beyond the limits of the street or streets, the resolution shall contain a provision for the necessary extension of such mains or sewers and a further provision that the cost of such extension shall eventually be assessed against the lots or parcels of land abutting the street or streets in which such extensions are made but that assessments shall not be made until such time as the Council shall thereafter determine by appropriate resolution. -6 If the improvement directed to be made is the paving of a roadway or part thereof, or the construction of sidewalks, the resolution may, but need not, contain a direction that the owner of each lot abutting the part of the street to be improved, connect his lot by means of laterals with water mains, gas or sewer pipes, or any one or more thereof, located in the street adjacent to his premises in accordance with the requirements governing the laying of laterals, and that unless the owners cause laterals to be laid on or before a date specified in the resolution, the date to be not less than thirty days after the date of the resolution, the Council will cause the same to be laid. -7 A designation of the proportion of the cost of the improvements to be assessed against abutting property, and of the number of equal annual installments in which assessments may be paid. (b) The resolution after its passage shall be published at least once in some newspaper published in the City which is qualified to carry legal notices, or, if there is no such newspaper, the resolution shall be posted in three public places in the City for at least five days; except, that in any case where the Council directed that the notice should be served or mailed instead of being published, the resolution ordering the improvements need not be either published or posted. Section 12 DETAILS OF CONSTRUCTION: CONTRACTS FOR CONSTRUCTION: The Council shall have power to determine the character and type of construction and of material to be used and to determine any other details of plan or construction necessary to be determined in making any local improvements and to determine whether any work to be done by the City shall be done by contract or by the City. The Council shall have power also, unless otherwise limited, to determine the number of water, sewer and gas laterals that shall be laid to any lot on any street to be improved. If the work or any part thereof is to be done by contract, 193 the Council may let all of the work in one contract, or it may divide it into several contracts, and may let contracts separately. Section 13 DETERMINATION AS TO COST OF IMPROVEMENTS: Upon completion of the improvements, the Council shall ascertain the total cost. In addition to other items of cost, there may be included therein the cost of all necessary legal services, the amount of interest paid during construction, the amount of damages paid or to be paid for injury to property by reason of any change of grade or drainage, including court costs and other expenses incidental to the determination of damages, and the cost of retaining walls, sidewalks or fences built or altered in lieu of cash payment for property damage, including the cost of moving or altering any building. The determination of the Council as to the total cost of any improvement shall be conclusive. Section 14 PRELIMINARY ASSESSMENT: (a) Having determined the total cost, the Council shall make a preliminary assessment. The preliminary assessment shall be advisory only and shall be subject to modification. Except as otherwise provided in subsection (b) of this Section, the preliminary assessment shall be as follows: -1 Roadway paving: The total cost of any roadway paving improvement, excluding the cost incurred at street intersections, shall be specifically assessed against the lots and parcels of land abutting the street containing the roadway paved, according to the frontages thereon, by an equal rate per foot of frontage, except that, where the petition so requested, the cost shall be assessed against the lands on one side of the street only or against such lands as were designated in the petition. -2 Water mains and sewers: The cost of not exceeding an eight-inch water or sanitary sewer main and of not exceeding a thirty-inch storm sewer main shall be assessed against the abutting property. Such cost shall be assessed against the lots and parcels of land according to their respective frontages thereon by an equal rate per foot of such frontage. If a water or sanitary sewer main in excess of eight inches in size or a storm sewer in excess of thirty inches in size is laid, the excess cost shall be borne by the City. If the resolution ordered the construction of any pumping station, outfall, septic tank or disposal plant, no part of the cost of the same shall be specially assessed. Nothing contained herein shall be construed to limit the power of the Council to contract with any property owner or owners for the construction of any pumping station, outfall, septic tank or disposal plant or for the construction of water mains or storm or sanitary sewers and for the assessment of the cost thereof according to the terms of such contract. The entire cost of each water and sewer lateral shall be specially charged against the particular lot or parcel of land for or in connection with which it was constructed, except that the assessments shall be calculated as if the lateral were laid from the center of the street. The cost of installing storm sewers may, however, be assessed as part of the cost of roadway paving. -3 Sidewalks: The total cost of constructing or reconstructing sidewalks shall be assessed against the lots and parcels of land abutting that 194 side of the street upon which the improvement is made according to their respective frontages thereon by an equal rate per foot of such frontage, the lots within a block being deemed to abut upon a sidewalk although the latter extends beyond the lot to the curb line of an intersecting street. The total cost of constructing portions of driveways within the street area shall be assessed against the lots for which they are constructed. -4 Grass Plots: The entire cost of grading or otherwise improving or of planting the grass plots in any street or part thereof shall be assessed against the lots and parcels of land abutting the street or part thereof where or whereon the improvements are made by an equal rate per front foot of such frontage; provided, that this subsection shall be construed to mean that when a grass plot in any street is graded or planted or otherwise improved, the cost thereof shall be assessed against all of the property abutting the street within the block where such grass plot is located. (b) If the petition (or the resolution in those cases where the improvement was ordered made without petition) specified that there should be specially assessed against the abutting property a smaller proportion of the cost of any improvement than that set forth in subsection (2), there shall be assessed against abutting property only the proportion of the cost as was specified in the petition or in said resolution. No restriction or denial of access to an abutting street shall affect the levy or collection of any assessment for local improvements. (c) The cost of paving, water, sewer, and sidewalk improvements upon, in, or to any portion of a right-of-way or any property owned by the State of North Carolina, any agency or subdivision thereof, shall be assessed against the right-of-way or property and shall be paid by the State, its agency or subdivision. Section 15 CORNER LOT EXEMPTIONS: The Council shall have authority to determine the amount and applicability of assessment exemptions for corner lots, and to distinguish between different classifications of property uses. The exemptions for paving sidewalk, and storm sewer improvements shall not exceed sixty feet and shall be limited to residential uses, and the exemptions for water mains and sanitary sewers shall not exceed one hundred and fifty feet for residential uses and one hundred feet for business uses. If the corner formed by two intersecting streets is rounded into a curve or is foreshortened for the purpose of providing sight distance or for any other purpose of construction, the frontage for assessment purposes shall be calculated to the midpoint of the curve or foreshortened corner. Section 16 PRELIMINARY ASSESSMENT ROLL: The Council shall cause to be prepared a preliminary assessment roll, on which shall be entered a brief description of each lot or parcel of land assessed, the amount assessed against each lot, the name or names of the owner or owners of each lot, as far as the same can be ascertained; provided, that a map of the improvements on which is shown the frontage and location of each affected lot, together with the amount assessed against each lot and the name or names of the owner or owners thereof, as far as the same can be ascertained, shall be a sufficient assessment roll. If the resolu- 195 tion directed the making of more than one improvement, a single preliminary assessment roll for all the improvements authorized by such resolution shall be sufficient, but the cost of each improvement to each lot affected shall be shown separately. After the preliminary assessment roll has been completed, it shall be filed in the. office of the City Clerk, and there shall be published in some newspaper published in the City which is qualified to carry legal notices, or if there be no such newspaper, the City Clerk shall cause to be posted in three public places in the City, a notice of the completion of the assessment roll, setting forth a description in general terms of the improvements, the amount of each assessment, and stating the time fixed for the meeting of the Council for the hearing of objections to the special assessments, such meeting to be not earlier than ten days after the first publication or from the date of posting of said notice. Any number of assessment rolls may be included in one notice. In any case where the preliminary notice was served or mailed instead of being published, this notice need not be published or posted but may be served or mailed. The serving or mailing of notices shall be completed not less than five days prior to the date fixed for the hearing of the assessment roll, and the return of the person serving or mailing the same shall in the absence of fraud by conclusion that the same were served or mailed. Section 17 HEARING; REVISION; CONFIRMATION: LIEN: At the time appointed for that purpose or at some other time to which it may adjourn, the Council shall hear objections to the preliminary assessment roll of all persons interested who may appear and offer proof in relation thereto. Then or thereafter, the Council shall either annul or sustain or modify in whole or in part the assessment, either by confirming the preliminary assessment, against any or all lots or parcels described thereon, or by cancelling, increasing or reducing the same, according to the special benefits which the Council decides each of the lots or parels has received or will receive on account of the improvements, except that assessments against railroads because of contract or franchise obligations shall be in accordance with such obligations. If any property is omitted, from the preliminary roll, the Council may place it on the roll and levy the proper assessment. The Council may thereupon confirm the assessment roll, and the assessments so confirmed shall be in proportion to the special benefits, except in the case of franchise obligations of railroads. Whenever the governing bodies shall confirm assessments for local improvements, the City Clerk shall enter on the Council minutes and on the assessment roll the date, hour, and minute of confirmation the assessments shall be a lien on the property assessed of the same nature and to the same extent as county and city taxes and-shall be superior to all other liens and encumbrances. After the assessment roll is confirmed a copy of the same shall be delivered to the City Tax Collector. Section 18 APPEAL TO SUPERIOR COURT: If the owner of, or any person interested in, any lot or parcel of land against which an assessment is made is dissatisfied with the amount of the assessment, he may, within ten days after the confirmation of the assessment roll, give written notice to the Council that he takes an appeal to the Superior Court of 196 Robeson County, in which case he shall within twenty days after the confirmation of the assessment roll serve on the Mayor or City Clerk a statement of facts upon which he bases his appeal. The appeal shall be tried as other actions at law. The remedy herein provided for any person dissatisfied with the amount of the assessment against any property of which he is the owner or in which he is interested shall be exclusive. Section 19 POWER TO CORRECT ERROR IN ASSESSMENT: If it shall appear after confirmation of any assessment roll that an error has been made, the City Clerk shall cause to be published one time in some newspaper published in the City, or if there be no such newspaper, the City Clerk shall cause to be posted at three public places in the City, a notice referring to the assessment roll in which the error was made, naming the owner or owners of the lot or parcel of land affected by the error, if the same can be ascertained, and naming the time and place fixed for a hearing by the Council for the correction of the error, such meeting not to be earlier than ten days from the publication or from the date of the posting of the notice. At the time fixed in the notice or at some subsequent time to which the Council may adjourn, the Council, after giving the owner or owners of the property affected and other persons interested therein an opportunity to be heard, may proceed to correct the error, and the assessment then made shall have the same force and effect as if it had originally been properly made. No notice and hearing shall be necessary if the correction does not increase an assessment against any property not owned by the City, or if all of the property owners affected by the correction waive notice in writing. Section 20 REASSESSMENT: The Council shall have the power, when in its judgment there is any irregularity, omission, error or lack of jurisdiction in any of the proceedings relating thereto, to set aside the whole of the local assessment made by it, and thereupon to make a reassessment. In such case there shall be included, as a part of the cost of the improvements involved, all interest paid or accrued on notes or certificates of indebtedness, or bonds issued by the City to pay the expenses of such improvement. The proceeding shall, as far as practicable, be in all respects as in the case of original assessments, and the reassessment shall have the same force as if it had originally been properly made. Section 21 PUBLICATION OF NOTICE OF CONFIRMATION OF ASSESSMENT ROLL: After the expiration of twenty days from the confirmation of the assessment roll, the City Clerk shall cause to be published one time in some newspaper published in the City which is qualified to carry legal notices, or, if there be no such newspaper, shall cause to be posted at three public places in the City, a notice of confirmation of the assessment roll, and that assessments may be paid at any time before the expiration of thirty days from the date of publication or posting of the notice, without interest from the date of confirmation of the assessment roll, but that if such assessment is not paid in full, within said time, all installments thereof shall bear interest at the rate of six per centum per annum from the date of confirmation of the assessment roll. Section 22 PAYMENT OF ASSESSMENTS IN CASH OR BY IN- 197 STALLMENTS: The property owner or railroad company assessed shall have the option of paying for improvements in cash or in not less than two or more than ten equal annual installments as may have been determined in the resolution ordering the improvements. If paid in installments, installments shall bear interest at the rate of six per centum per annum from the date of confirmation of the assessment roll. If any assessment is not paid in cash, the first installment with interest shall become due and payable thirty days after the publication or posting of the notice of confirmation, and one subsequent installment and interest shall be due and payable on the same day of the month in each successive year until the assessment is paid in full; provided, however, that if the Council shall so direct installments shall become due and payable on the same date when property taxes of the City are due and payable. If any installment with interest is not paid when due, it shall be subject to the same penalties as are now prescribed by law for unpaid taxes, in addition to the interest herein provided for. The whole assessment may be paid at any time by the payment of full amount due with accrued interest. Section 23 ENFORCEMENT OF PAYMENT OF ASSESSMENTS: Upon the failure of any property owner to pay any installments when due and payable, all of the installments remaining unpaid shall immediately become due and payable, and property and rights-of-way may be sold by the City under the same rules, regulations, rights of redemption and savings as are now prescribed by law for the sale of land for unpaid taxes. Unpaid assessments, interest, and penalties owed by railroad companies and the State of North Carolina, its agencies or subdivisions, may be collected by writs of mandamus issued by the Superior Court of Robeson County. Collection of assessments with interest and penalties may also be made by the City by proceedings to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the State, and it shall be lawful to join in any bill for foreclosure any one or more lots or parcels of land, by whomsoever owned, if assessed for an improvement ordered by the same resolution, after default in the payment of any installment. The payment of said installment, together with interest and penalties due thereon, before the lot or parcel of land, against which the same is a lien is sold or said lien is foreclosed shall bar the right of the City to sell land or to foreclose the lien by reason of default. Section 24 ASSESSMENT OF COST OF WATER MAIN AND SEWER EXTENSIONS: If the resolution ordering the making of any improvement or improvements included a provision for any necessary extension of a water main or sewer or sewers beyond the limit of a street or streets, at such time after the completion of said extension or extensions as, in the judgment of the Council, circumstances justify the assessment of the cost thereof, the Council shall cause a preliminary assessment to be made and the procedure thereafter to be followed with respect to such assessment and the force and effect thereof shall be as already prescribed for other assessments. Section 25 APPORTIONMENT OF ASSESSMENTS: In any case where one or more special assessments have been made, and property has 198 been, or is about to be, subdivided, and it is desirable that the assessments be apportioned among the subdivisions of such property, the Council may, upon application by the owner or owners, apportion the assessments among the subdivisions. Thereafter, each subdivision shall be relieved of any part of the original assessment except the part apportioned to the subdivision, and the part of the original assessment apportioned to any subdivision shall be of the same force and effect as the original assessment. Section 26 CHANGE OF OWNERSHIP: No change of ownership of any property or interest therein after the passage of a resolution ordering the making of a local improvement shall affect subsequent proceedings, and the improvements may be completed and assessment made therefor as if there had been no change in ownership. Section 27 LANDS SUBJECT TO ASSESSMENT: No lands in the City, including railroad company lands and rights-of-way and property of the State of North Carolina, its agencies or subdivisions shall be exempt from special assessments except lands belonging to the United States which are exempt under the provisions of Federal Statutes, and the Council and the officers, trustees or boards of all incorporated or unincorporated bodies in whom is vested the right to hold and dispose of real property shall have the right by authority duly given to sign the petition for any local improvements. Section 28 PROCEEDINGS IN REM: All proceedings for special assessments shall be proceedings in rem, and no mistake or omission as to the name of any owner or person interested in any lot or parcel of land affected thereby shall be regarded as a substantial mistake or omission. Section 29 GRASS PLOT AND DRIVEWAY MAINTENANCE: It shall be the responsibility of the abutting property owner to maintain any grass plot or driveway between the property line and the curb of a paved street. Section 30 COUNCIL MAY HOLD IN ABEYANCE CERTAIN WATER AND SEWER ASSESSMENTS: (a) The City Council may provide by resolution that assessments levied against abutting lots or parcels of land for water main improvements or sanitary sewer improvements, when in its opinion such improvements may not presently be used by the owners of the abutting lots or parcels of land, may be held in abeyance without the payment of any interest thereon until such time as the Council shall determine that any such assessments shall be paid in accordance with the terms set out in the confirming resolution. A part of the assessments levied for the improvements herein set out on a street or streets, or portion thereof, may be held in abeyance as herein provided without holding all of said assessments in abeyance. (b) All statutes of limitations, and particularly the statute of limitations provided for in Chapter 331, Section 1, of Public Laws 1929 (G. S. 160-93) are hereby suspended during the time that any assessment is held in abeyance without the payment of interest, as provided in subsection (a). Such time shall not be a part of the time limited for the commencement of action for the enforcement of the payment of any such assessment, and such action may be brought at any time within ten years from te date 199 of the adoption of a resolution by the Council, determining that such assessment shall be paid in accordance with the original resolution confirming it. (c) Nothing herein shall be construed to revive any right of action which has heretofore been barred. by the statute of limitations. Section 31 ABUTTING PROPERTY OUTSIDE CITY LIMITS: If any lots or parcels of land abutting any local improvements are located outside the City limits, the Council may continue and delay the levy of assessments against such property, until the City limits are extended to include such property, or the Council may provide that no water or sewer service connections shall be made to such property, pending the annexation thereof, until all assessments thereon are paid. Upon annexation, if not paid prior thereto, the Council may levy assessments for such local improvements against such property, and the procedure therefor shall be the same as provided in the Charter. Nothing contained in this Section shall be construed to prohibit or restrict the City Council and a property owner from entering into an agreement for payments in lieu of assessments. ARTICLE XIV. MISCELLANEOUS Section 1 CLAIMS AGAINST THE CITY: (a) Presentation of Claims to City Council: No action shall be instituted against the City of Lumberton upon any claim or demand whatever of any kind or character until the claimant shall have first presented in writing his or her claim or demand to the City Council and the Council shall have declined to pay or settle the same as presented, or for sixty days after presentation shall have neglected to enter or cause to be entered upon its minutes its determination in regard thereto. Nothing contained in this Article shall be construed to prevent any statute of limitations from commencing to run at the time when a claim accrued or demand arose, or in any manner to interfere with its running. (b) Time for Presentation of Claims: 1 Except as otherwise provided in this Section, no action for damages of any character whatever, to either person or property, shall be instituted against the City unless, within six months after the happening or infliction of the injury complained of, the complainant, his executor, administrator, guardian, or next friend shall have given notice in writing to the Council of the injury, stating in the notice the date and place of the injury, the manner of infliction, the character of the injury, and the amount of damage claimed. 2 No action shall be instituted against the City on account of damages to or compensation for real property used or taken by the City for any public purpose of any kind unless within two years after such alleged use, the owner, his executor, administrator, guardian, or next friend shall have given notice in writing to the Council of the claim, the notice to set forth the date that the alleged use commenced, a description of the property alleged to have been used, and the amount of damage or compensation claimed. 200 3 Notwithstanding the provisions of subsections 1 and 2 of this Section, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within six months after the termination of the physical or mental incapacity, provided that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within three years after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within six months after termina on of the physical or mental incapacity, or within three years after the happening or infliction of the injury complained of, whichever is the longer period. The City at any time may request the appointment of a next friend to represent any person having a potential claim against the City and known to be suffering from physical and mental incapacity. (c) Settlement of Claims by City Manager: The City Manager may settle claims against the City for -1 personal injury or for damages to property when the amount involved does not exceed the sum of five hundred dollars ($500.00) and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expenses actually incurred, and -2 the taking of small portions of private property which are needed for the rounding of corners at street intersections, when the amount involved in any such settlement does not exceed the sum of five hundred dollars ($500.00) and does not exceed the actual loss sustained. Settlement of a claim by the City Manager pursuant to this Section shall constitute a complete release of the City from any and al] damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such releases shall be subject to the approval of the City Attorney.

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