S.L. 1969-975

NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 975

SENATE BILL 737

AN ACT TO AMEND THE CHARTER OF THE CITY OF GOLDSBORO, NORTH CAROLINA, AS REVISED, REORGANIZED AND AMENDED BY CHAPTER 447 OF THE SESSION LAWS OF 1961, AS AMENDED.

The General Assembly of North Carolina do enact:

Section 1. That Chapter 447 of the Session Laws of 1961, as amended, the same being the Charter of the City of Goldsboro, is hereby amended by rewriting Section 1 of Article 2 thereof, to read as follows:

"ARTICLE 2. CITY ELECTIONS

Section 1. Regular Municipal Elections. There shall be, at the regular municipal election to be held the first Saturday in May, 1963, and biennially thereafter, elected from among the duly registered and qualified voters of the city a mayor and five aldermen who shall hold their respective offices for a term of two years and until their successors are duly elected and qualified. In such regular municipal election, the candidate receiving the largest number of votes for mayor shall be declared the duly elected mayor for the ensuing term, and the five candidates receiving the largest number of votes for aldermen shall be declared the duly elected aldermen for the next ensuing term. In the event that there should be an equal number of votes for the candidates for the office of mayor, or an equal number of votes for two or more candidates for the offices of aldermen and such tie or ties must be resolved to determine the identity of the five aldermen to be declared elected to such office, then the question and result shall be determined by lot under the supervision of the Chairman of the Wayne County Board of Elections. In such regular municipal election no write-in votes shall be permitted or counted."

Sec. 2. Chapter 447 of the Session Laws of 1961 is hereby further amended by rewriting Sec. 2 of Article 2, to read as follows:

"Sec. 2. Municipal Primary Election. The municipal primary election, if one be required, for the nomination of candidates for the offices of mayor and aldermen shall be held on the second Saturday in April, preceding the regular municipal election. Such municipal primary election shall be a nonpartisan primary and all residents of the city who are registered and qualified to vote in the regular municipal election shall be qualified and eligible to vote in the municipal primary election. In such regular primary election no write-in vote shall be permitted or counted."

Sec. 3. Chapter 447 of the Session Laws of 1961 is hereby further amended by deleting the word "Tuesday" as the same appears in line 2 of Sec. 4 of Article 3 of said Act, and substituting in lieu thereof the word "Friday".

Sec. 4. Chapter 447 of the Session Laws of 1961 is hereby further amended by rewriting Section 1 of Article 16 of said Act to read as follows:

"Section 1. Sale of City Property. The board of aldermen may sell or exchange all city property, both real and personal, which in its opinion is not required for municipal purposes. All such sales or exchanges shall except as otherwise authorized in Sections 1.1 and 1.2 be subject to confirmation or rejection by the Board and shall be at public auction after advertisement as hereinafter described, except that where otherwise authorized and provided by general law such sale or exchange may be made under the authority and provisions of such general law, and that as to the following such sale or exchange may be by private sale or otherwise, as the board may determine to be for the best interest of the city:

(a) Cemetery lots.

(b) Real or personal property where the value does not exceed the sum of one thousand dollars ($1,000.00), or if jointly owned, where the value of the city's interest therein does not exceed such sum.

(c) Where the city is selling to or exchanging with any other governmental unit or the agency thereof within the United States.

(d) Where the property has been acquired for delinquent taxes and the sale is being made to the former owner."

Sec. 5. Chapter 447 of the Session Laws of 1961 is hereby further amended by inserting therein a new Section to be designated as Sec. 2 of said Article 16, and to read as follows:

"Sec. 2. Disposal of Surplus Real Property. The board of aldermen shall have power, in addition to the power granted by G.S. 160-59, to sell any real property which the board has declared to be surplus in the following manner:

(a) Upon receipt of a deposit of five percent (5%) of an offer to purchase any such lot or parcel of land, the board of aldermen may cause a notice to be published once a week for four successive weeks in some newspaper published in the city, describing the property and stating the amount of the offer received therefor, and inviting other and better bids for the property and giving notice that any and all better bids for the property should be filed with the City Manager, with a deposit in the amount of five percent (5%) of each increased offer, on or before twelve o'clock noon on a date to be specified in the notice, which shall not be less than 21 nor more than 31 days next following the first publication of the notice as above provided for. No bid shall be received after twelve o'clock noon of the date so specified unless the board of aldermen shall cause the property to be readvertised and again offered for sale as hereinafter provided.

(b) At any time after the expiration of the date of the time limited for the receipt of bids as aforesaid, not exceeding 60 days, the board of aldermen shall proceed to consider any and all bona fide offers made for the property, accompanied by the deposit of five percent (5%) of the amount thereof as hereinabove provided, and may thereupon confirm the sale of the property to the party, person or persons so making the highest bona fide offer, with deposit as aforesaid; provided, the board of aldermen shall find that, in its opinion, the price so offered is fair and adequate and all that the property is reasonably worth.

(c) The board of aldermen, in its discretion, instead of confirming any such sale, shall have the right, power and authority to proceed to readvertise and again offer such property for sale in like manner as in the first instance; or it may discontinue further action in the premises and indefinitely postpone or terminate all negotiations and proposals for the sale of the property.

(d) Two or more offers for two or more separate lots or parcels of land may be combined and advertised in the same notice.

(e) The board of aldermen, in their resolution declaring the real property to be surplus, shall direct the City Manager or other appropriate officials whether to follow the procedure set forth under G.S. 160-59 or the alternate procedure set forth in this Article."

Sec. 6. Chapter 447 of the Session Laws of 1961 is hereby further amended by inserting a new Section therein to be designated as Sec. 3 of said Article 16, and to read as follows:

"Sec. 3. Disposal of Surplus Personal Property. The board of aldermen shall have power, in addition to the power granted by G.S. 160-59, to sell or to direct any of its officers or employees to sell any personal property which the board of aldermen has declared to be surplus property in the following manner:

(a) Without bids or advertisement, at private sale, if the property has a market value of one thousand dollars ($1,000.00) or less.

(b) To the highest bidder upon receipt of informal written bids, with only such advertisement as the board of aldermen may direct, if the property has a market value of more than one thousand dollars ($1,000.00) but no more than two thousand dollars ($2,000.00); provided, all such bids received shall be recorded on the minutes of the board of aldermen.

(c) To the highest bidder upon receipt of sealed bids after one week's public notice, if the property has a market value in excess of two thousand dollars ($2,000.00); provided, all such sealed bid proposals shall be opened in public and recorded on the minutes of the board of aldermen."

Sec. 7. Chapter 447 of the Session Laws of 1961 is hereby further amended by renumbering Secs. 2, 3, 4, and 5 of said Article 16 of said Act as Secs. 4, 5, 6, and 7.

Sec. 8. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 9. 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 23rd day of June, 1969.