NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 963

HOUSE BILL 561

AN ACT TO AMEND CHAPTER 47 OF THE SESSION LAWS OF 1963, BEING THE CHARTER OF THE TOWN OF KERNERSVILLE.

The General Assembly of North Carolina do enact:

Section 1.  That "Section 3" of Chapter 47 of the Session Laws of 1963 is hereby amended by correcting the location of the U.S. Coast and Geodetic Triangulation Station in Kernersville so that the North latitude of said Station be designated as "36 degrees 07 minutes 31.2526 seconds" and the West longitude be designated as "80 degrees 04 minutes 31.2218 seconds" with X co-ordinate of 1,682,408.06 feet and Y co-ordinate of 866,225.55 feet.

Sec. 2.  That a new Section entitled Section 14 be added to Chapter 47 of the Session Laws of 1963, the same to read as follows:

"Sec. 14.  Form of Government. The form of government for the Town of Kernersville shall be the 'town manager' form of government as provided for in G.S. 160-338 through 160-351, except as modified by this Charter."

Sec. 3.  That a new Section entitled Section 15 be added to Chapter 47 of the Session Laws of 1963, the same to read as follows:

"Sec. 15.  Town Manager: Appointment, compensation, term. — The board of aldermen, as soon as practical after the effective date of this Act, shall appoint an officer whose title shall be town manager, who shall be the chief executive officer and the head of the administrative branch of the Town government. The town manager shall be chosen by the board of aldermen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the Town or State, but during his tenure of office he shall reside within the Town. No person elected mayor or to the board of aldermen shall be eligible for appointment as town manager. The town manager shall serve at the pleasure of the board of aldermen and he shall receive such compensation as the board shall fix by ordinance. In case of the absence or disability of the manager, the board may designate a qualified administrative officer of the Town to perform the duties of the manager during such absence or disability."

Sec. 4.  That a new Section entitled Section 16 be added to Chapter 47 of the Session Laws of 1963, the same to read as follows:

"Sec. 16.  Town Manager: Chief Administrator. The town manager shall be responsible to the board of aldermen for the proper administration of all affairs of the Town. As chief administrator, the town manager shall have the power to appoint and remove all officers and employees in the administrative service of the Town, except the town attorney."

Sec. 5.  That a new Section entitled Section 17 be added to Chapter 47 of the Session Laws of 1963, the same to read as follows:

"Sec. 17.  Town manager: Duties. It shall be the duty of the town manager to supervise the administration of the affairs of the Town; to see that the ordinances, resolutions and regulations of the board of aldermen and the laws of the State are faithfully executed; to make such recommendations to the board of aldermen concerning the affairs of the Town as he shall deem expedient; to keep the board of aldermen advised of the financial condition and the future financial needs of the Town; attend all meetings of the board of aldermen and prepare and submit to the board of aldermen such reports as he may deem expedient or as may be required of him by the board of aldermen; to perform all other duties as may be required by the board of aldermen."

Sec. 6.  That Sections 19, 20, 21 and 22 of Chapter 47 of the Session Laws of 1963 be amended so as to strike out and omit the words 'board of aldermen' whenever such words shall appear in said Sections, and to replace them with the words 'town manager', except in Section 19 where reference is made to the journal of the meetings of the board of aldermen. In this one instance only, the words 'board of aldermen' shall not be stricken and omitted.

Sec. 7.  That "Sec. 23." of Chapter 47 of the Session Laws of 1963, be amended to read as follows:

"Sec. 23.  Volunteer fire chief and firemen. The town manager shall provide for the appointment of the chief of the Kernersville Volunteer Fire Department and for the appointment of the volunteer members thereof in the manner he deems best."

Sec. 8.  That Section 34, entitled "Courts", and Section 35, entitled "Election upon the question of continuing the town manager form of government", of Chapter 47 of the Session Laws of 1963, be stricken and deleted in their entirety.

Sec. 9.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 20th day of June, 1969.