GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

SESSION LAW 2011-111

HOUSE BILL 150

AN ACT amending the charter of the city of greensboro.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 4.21 of the Charter of the City of Greensboro, being Chapter 1137 of the Session Laws of 1959, reads as rewritten:

"Sec. 4.21. City Attorney; Appointment, Compensation, Powers, and Duties.Powers and Duties of the City Attorney.

(a) The city council shall appoint the city attorney, who shall hold office at the pleasure of the city council and shall receive such compensation as it may fix.

(b)        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 2.  Section 4.111 of the Charter of the City of Greensboro, being Chapter 1137 of the 1959 Session Laws, as amended by Section 6 of Chapter 74 of the 1967 Session Laws; Section 7 of Chapter 142 of the 1969 Session Laws; Section 17 of Chapter 213 of the 1973 Session Laws; Section 4 of Chapter 159 of the 1981 Session Laws; Section 1 of Chapter 6 of the 1993 Session Laws; and Section 1 of S.L. 2003-134, reads as rewritten:

"Section 4.111. Contract procedures.

All contracts, except as otherwise provided for in this Charter, shall be authorized and approved by the Council and reduced to writing in order to be binding upon the City. All contracts and all ordinances or resolutions authorizing the same shall be drawn by the City Attorney or shall be approved by him before authorization by the Council. A contract for the purchase of apparatus, supplies, materials or equipment or a contract for the performance of services may be approved, awarded and executed by the city manager on behalf of the city provided that the City Council shall have approved a sufficient appropriation in the annual budget for the current fiscal year. A contract for the performance of services may be approved, awarded, and executed by the City Manager on behalf of the city, as provided by an ordinance duly adopted by the City Council. A contract for construction or demolition may be approved, awarded and executed by the City Manager on behalf of the City when the amount of such contract does not exceed three hundred thousand dollars ($300,000); provided that the City Council shall have approved a sufficient appropriation in the Annual Budget for the current fiscal year for the general purposes specified under the contract. Before any such contract is awarded, the City Manager shall comply with all other requirements set forth in G.S. 143-129, and G.S. 143-131, and said contract shall be subject to the approval of the City Attorney. Any person aggrieved by an award made pursuant to this Section may appeal to the City Council by filing notice thereof with the City Clerk immediately following a decision granting such award."

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 8^th day of June, 2011.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives