AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF NASHVILLE. SL 2022-20. Enacted June 30, 2022. Effective June 30, 2022.
Summary date: Jun 30 2022 - More information
Summary date: Jun 22 2022 - More information
Senate committee substitute to the 1st edition makes the following changes.
Modifies the proposed revision and consolidation of the Charter of the Town of Nashville (Town) as follows.
Regarding annexation of non-contiguous areas, allows for a satellite area proposed for annexation, when added to the area within all other satellite corporate limits, to exceed 10% of the area within the primary corporate limits, notwithstanding applicable provisions of general law (replacing the previous provision which stated that the satellite cap of the same limit in GS 160A-58.1(b)(5) does not apply to the Town).
No longer provides for the Mayor Pro Tempore to assume mayoral duties in the event the Mayor is absent or disabled. No longer authorizes a City Council member to choose a qualified successor during disability.
Requires Mayor-elects and Council Member-elects to take an oath prescribed by law (replacing specific oath language).
Adds a statutory cross-reference to Article 33, GS Chapter 143, the Open Meetings Law, in the requirement for open council meetings. Eliminates the authority for the Town Council (Council) to establish rules for meetings that afford a reasonably opportunity for members of the public to be heard on matters of concern.
Adds a statutory cross-reference to GS Chapter 163, in the requirement for compliance with municipal election laws. More specifically requires election of two council members in 2023 and quadrennially thereafter, and two council members in 2025 and quadrennially thereafter. Eliminates references to referenda.
Amends the Town's administration as follows. Adds to the town clerk's duties: making and maintaining minutes of Council proceedings; being custodian of all books, records, documents, and other Town records; and being the custodian of the official Town seal and affixing the seal to execute official documents. Replaces the duties of the Town finance officer, now requiring the finance officer to perform duties assigned by general law, those directed by the Town Manager or the Town Council, or prescribed by rules and regulations of the Local Government Commission. Now provides for the Council to provide for a tax collector (was appointed by the town manager). Adds duties of the tax collector, including daily deposits and other duties directed by the Council. Authorizes the Council to establish a police department. Maintains appointment of the police chief by the town manager. Eliminates specific duties and powers of the police chief, and instead provides for police officers to have the powers and duties prescribed by applicable statutes or common law. Authorizes the Council to establish a fire department (was, appoint fire protection personnel). Maintains the town manager's authority to appoint the fire chief. No longer provides for fire department personnel to act within local acts, the Charter and as directed by the Town Manager.
Requires all contracts of the Town to be executed pursuant to the NC General Statutes (was, GS Chapter 143). Replaces Town money deposit requirements, requiring the Council to designate the official depository pursuant to general laws. Specifies that interest on Town money accrues to the benefit of the Town. Requires Town moneys and accounts be maintained, managed, held, disbursed, and invested pursuant to the Charter and general laws. Replaces the Town's audit requirements, now requiring an independent audit of all accounts at the close of each fiscal year, performed by an individual or firm selected by the Council, subject to disqualifications specified.
Adds a new Article VIII., granting the Town extraterritorial planning jurisdiction up to two miles beyond its corporate limits, subject to approval of the Board of Commissioners of Nash County.
Makes technical changes.
Excludes Sections 2 and 3, SL 1969-320 from the session laws repealed by the act. Eliminates the repeal of SL 2008-30.
Summary date: May 18 2022 - More information
Revises and consolidates the Charter of the Town of Nashville to now provide the following.
Provides for the Town of Nashville (Town)'s incorporation, grants the Town municipal corporate powers conferred by general law, and provides parameters for the Town's corporate limits.
Establishes the four-member Town Council (Council) and the Mayor as the Town's governing body, each elected to serve four-year terms. Includes member residency requirements. Sets forth the duties of the Mayor. Requires the Council to elect a Mayor Pro Tempore from among its members and details the procedure for conferring mayoral powers and duties upon the Mayor Pro Tempore in either the Mayor's absence or disability. Provides for Council meetings, quorum, voting, compensation, and vacancies.
Provides for nonpartisan municipal elections in odd-numbered years. Regarding Council elections, requires all members be elected at large on a staggered schedule. Authorizes special elections and referenda to be held as provided by statutory law and general law.
Establishes the Town's operation under the council-manager form of government in accordance with Part 2 of Article 7 of GS Chapter 160A. Deems the Town Manager the chief Town administrator, with eight specified powers and duties. Provides for acting and interim town managers. Requires the Council to appoint a Town Attorney. Directs the Town Manager to appoint a Clerk, Finance Officer, Tax Collector, and Chief of Police, as described. Authorizes the Council to provide for the appointment of fire protection personnel, and requires the Town Manager to appoint the Chief of the Fire Department. Grants the Council control over the organization of the Town's government.
Details requirements of the Town relating to the award of contracts, receipts and accounting, and annual audits according to state and local laws.
Specifies the legislative purpose and intent of the act to revise and consolidate the Town Charter. Provides for interpretation and effect of the act.
Repeals the following SL Chapters and Sections, either consolidated in this act or no longer necessary: SL 1969-320, SL 1971-71, SL 1971-224, SL 1973-343, SL 1973-380, SL 1977-394, SL 1985-217, and SL 2008-30.
Provides for currently elected officials serving on the date the act becomes law to serve out their terms. Provides for the continued validity of all existing ordinances, resolutions, and other provisions of the Town not inconsistent with the act. Includes a severability clause. Provides a savings clause for pending actions and proceedings.
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