NC
North Carolina Senate Bill S206

North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S206 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 206
3+S D
4+SENATE BILL DRS35086-LMx-58
5+
56
67
78 Short Title: Pinetops Charter Revised & Consolidated. (Local)
89 Sponsors: Senator Smith (Primary Sponsor).
9-Referred to: Rules and Operations of the Senate
10-March 3, 2025
11-*S206 -v-1*
10+Referred to:
11+
12+*DRS35086 -LMx-58*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF 2
1415 PINETOPS. 3
1516 The General Assembly of North Carolina enacts: 4
1617 SECTION 1. The Charter of the Town of Pinetops is revised and consolidated to 5
1718 read: 6
1819 "THE CHARTER OF THE TOWN OF PINETOPS. 7
1920 "ARTICLE I. INCORPORATION AND CORPORATE POWERS. 8
2021 "Section 1.1. Incorporation. The Town of Pinetops, in Edgecombe County, North Carolina, 9
2122 and the inhabitants thereof, shall continue to be a municipal body politic and corporate under the 10
2223 name of the "Town of Pinetops," hereinafter referred to as the "Town." 11
2324 "Section 1.2. Grant and Exercise of Powers. (a) General Powers. The Town shall 12
2425 continue to be vested with all of the property and rights in property belonging to the Town; shall 13
2526 have perpetual succession; may sue and be sued; may contract and be contracted with; may 14
2627 acquire and hold any property, real and personal, devised, bequeathed, sold, or in any manner 15
2728 conveyed, dedicated to, or otherwise acquired by them; and, from time to time, may hold, invest, 16
2829 sell, or dispose of the same; may have a common seal, and alter and renew the same at will. The 17
2930 enumeration of any particular powers, rights, or authorities shall not be held or deemed to be 18
3031 exclusive. In addition to any powers, rights, or authorities enumerated or implied under this 19
3132 Charter, the Town shall have and may exercise all the powers, functions, duties, rights, privileges, 20
3233 and immunities of every kind and nature whatsoever conferred upon the Town under the general 21
3334 laws of the State of North Carolina, local acts applicable to the Town, and this Charter. 22
3435 (b) Manner of Exercise. All powers of the Town, whether expressed or implied, shall be 23
3536 exercised in the manner prescribed by the general laws of the State of North Carolina, local acts 24
3637 applicable to the Town, and this Charter or, if not prescribed therein, in the manner provided by 25
3738 ordinance, resolution, or other official act of the Town's governing body. 26
3839 "Section 1.3. Corporate Boundaries. The corporate boundaries of the Town shall be those 27
3940 existing on the effective date of this Charter, as the same may be modified and updated from time 28
4041 to time. The official corporate limits shall be set forth and delineated either on the official map 29
4142 of the Town corporate limits, by a written narrative description of the corporate limits, or through 30
4243 a combination of such techniques. Such official description of the corporate limits shall be kept 31
4344 and retained permanently in the office of the Town Clerk. Modifications to the official corporate 32
4445 limits shall be indicated by appropriate entries upon, or additions to, the map or description, made 33
4546 by or under the direction of the Town Clerk, in the manner prescribed by law. Upon alteration of 34
46-the corporate limits pursuant to law, the appropriate changes to the official map shall be made, 35 General Assembly Of North Carolina Session 2025
47-Page 2 Senate Bill 206-First Edition
47+the corporate limits pursuant to law, the appropriate changes to the official map shall be made, 35
48+FILED SENATE
49+Feb 27, 2025
50+S.B. 206
51+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
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4853 and copies shall be filed in the office of the Secretary of State, the Edgecombe County Register 1
4954 of Deeds, and the Edgecombe County Board of Elections. 2
5055 "ARTICLE II. GOVERNING BODY. 3
5156 "Section 2.1. Mayor and Board; Powers. The Board of Commissioners (hereinafter 4
5257 "Board") and the Mayor shall be the governing body of the Town. The Board shall consist of five 5
5358 members and the Mayor, each to be elected at-large in the manner provided in Article III of this 6
5459 Charter. All powers of the Town shall be vested in and exercised by the Mayor and Board. 7
5560 "Section 2.2. Terms of Mayor and Board. The Mayor shall be elected to serve for a 8
5661 four-year term, as provided in Article III of this Charter. Each Board member shall serve a 9
5762 four-year term, and the terms shall be staggered, as provided in Article III of this Charter. The 10
5863 Mayor and Board members shall continue to serve until their successors are chosen and qualified. 11
5964 "Section 2.3. Duties of the Mayor; Mayor Pro Tempore. (a) The Mayor shall preside at 12
6065 all meetings of the Board; shall have a casting vote only in case of an equal division; shall be 13
6166 recognized as the official head of the Town for all ceremonial purposes; shall have power to 14
6267 administer oaths; shall execute all official instruments and documents of the Town, unless that 15
6368 authority has been delegated to another official of the Town by the general laws of North Carolina 16
6469 or a Town ordinance; and shall exercise such other powers and perform such other duties as are 17
6570 or may be conferred and imposed upon the office of Mayor by the general laws of North Carolina, 18
6671 this Charter, or the ordinances of the Town, not inconsistent therewith. 19
6772 (b) At its first regular meeting following the regular municipal elections held as provided 20
6873 in Article III of this Charter, the Board shall choose one of its members to serve as Mayor Pro 21
6974 Tempore. A Board member serving as Mayor Pro Tempore shall be entitled to vote on all matters 22
7075 and shall be considered a Board member for all purposes, including whether a quorum is present. 23
7176 "Section 2.4. Residency Qualification; Compensation. (a) No person shall be eligible 24
7277 to file for or be elected to the office of Mayor or Board, or to serve as such, unless he or she is a 25
7378 qualified voter of the Town. 26
7479 (b) In accordance with general law, the Board may provide for and fix the amount of 27
7580 compensation for the Mayor. 28
7681 "Section 2.5. Meetings; Procedure; Adoption of Ordinances; Organizational Meeting; 29
7782 Oaths. (a) The organizational meeting of the Board shall be held at the time of the first regular 30
7883 meeting of the Board following each regular municipal election. At the organizational meeting, 31
7984 or otherwise before entering upon the duties of their respective offices, the Mayor-elect and 32
8085 each Board member-elect shall take the oath prescribed by general law before a person 33
8186 authorized by law to administer oaths. 34
8287 (b) The Board shall fix suitable times for its regular meetings, which shall be at least once 35
8388 each month. The Board may change the time of the regular meetings as it deems necessary. 36
8489 Special meetings of the Board may be held in accordance with applicable general law regarding: 37
8590 (i) the authority for special meetings; (ii) procedures for calling; (iii) notice of such meetings; 38
8691 and (iv) conditions upon matters to be addressed at special meetings. Minutes shall be kept of the 39
8792 proceedings of all regular and special meetings. Subject to applicable provisions of Article 33C 40
8893 of Chapter 143 of the General Statutes, the Open Meetings Law of North Carolina, all meetings 41
8994 of the Board shall be open to the public. The Board shall have the authority to adopt rules of 42
9095 procedure not inconsistent with applicable general law, provisions of this Charter, or generally 43
9196 accepted principles of parliamentary procedure. 44
9297 (c) The Board may adopt and provide for the execution of such ordinances, resolutions, 45
9398 rules, and regulations, not inconsistent with general law, local acts applicable to the Town, or the 46
9499 provisions of this Charter, as may be necessary or appropriate for the preservation and promotion 47
95100 of the health, safety, and welfare of the Town and its inhabitants. 48
96101 "Section 2.6. Quorum and Voting Requirements. In the transaction of Board business, the 49
97102 presence of a quorum, whether a Board member may be excused from voting on any matter, and 50 General Assembly Of North Carolina Session 2025
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99104 other voting rules and requirements shall be determined in accordance with applicable provisions 1
100105 of general law. 2
101106 "Section 2.7. Vacancies. A vacancy in the office of Mayor or Board shall be filled as 3
102107 provided in G.S. 160A-63. 4
103108 "ARTICLE III. ELECTIONS. 5
104109 "Section 3.1. Regular Municipal Elections. Regular municipal elections shall be held in 6
105110 each odd-numbered year in accordance with the uniform municipal election laws of North 7
106111 Carolina in Chapter 163 of the General Statutes. Elections shall be conducted on a nonpartisan 8
107112 basis and the results determined using the nonpartisan plurality method as provided in 9
108113 G.S. 163-292. 10
109114 "Section 3.2. Special Elections. Special elections may be held only as provided by general 11
110115 law or local acts applicable to the Town. 12
111116 "Section 3.3. Election of Mayor. A Mayor shall be elected every four years and shall serve 13
112117 a four-year term. 14
113118 "Section 3.4. Election of Board. All members of the Board shall be elected at-large by the 15
114119 qualified voters of the Town and shall each serve staggered four-year terms. In 2025, and every 16
115120 four years thereafter, two Board members shall be elected. In 2027, and every four years 17
116121 thereafter, three Board members shall be elected. 18
117122 "ARTICLE IV. ORGANIZATION AND ADMINISTRATION. 19
118123 "Section 4.1. Form of Government. The Town shall operate under the mayor-council form 20
119124 of government in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes. 21
120125 "Section 4.2. Town Administrator. The Board may appoint a Town Administrator to 22
121126 perform such duties as assigned by the Board. 23
122127 "Section 4.3. Town Attorney. The Board shall appoint one or more persons to serve as Town 24
123128 Attorney. The Town Attorney shall serve at the pleasure of the Board and shall be its legal 25
124129 adviser. The Town Attorney shall also serve as legal counsel to the Town and its departments 26
125130 and offices. As directed by the Board, the Town Attorney shall represent the Town in all 27
126131 litigation and legal proceedings before courts of law, administrative boards and commissions, 28
127132 and other legal tribunals. The Town Attorney shall perform such other duties of a legal nature 29
128133 pertaining to the Town, as may be directed by the Board, or as may be imposed by law upon 30
129134 the Town Attorney. The Board may engage other attorneys to provide legal services for the 31
130135 Town as it deems advisable. 32
131136 "Section 4.4. Town Clerk. The Board shall appoint a Town Clerk to give notice of meetings 33
132137 of the Board, to make and maintain full and accurate minutes of the proceedings of the Board, to 34
133138 be the custodian of all books, records, documents, and other Town records, and to surrender the 35
134139 same to his or her successor in office. The Town Clerk shall be the custodian of the official seal 36
135140 of the Town and shall affix the official seal to, and attest on behalf of the Town the execution of, 37
136141 all deeds, contracts, and other official documents, all in accordance with applicable laws and 38
137142 ordinances. The Town Clerk shall perform such other duties as provided by general law and as 39
138143 directed by the Board. 40
139144 "Section 4.5. Finance Director. The Board shall appoint an administrative officer of the 41
140145 Town to perform the duties of the finance officer under State law. The Finance Director shall 42
141146 perform such other duties as may be assigned by general law, directed by the Board, or prescribed 43
142147 by rules and regulations of the North Carolina Local Government Commission. 44
143148 "Section 4.6. Consolidation of Offices. The Board may create, change, abolish, and 45
144149 consolidate offices, positions, departments, councils, commissions, and agencies of Town 46
145150 government and generally organize and reorganize Town government in order to promote orderly 47
146151 and efficient administration of Town affairs, except as may be otherwise provided by this Charter 48
147152 and by the applicable general laws of the State of North Carolina. 49
148153 "ARTICLE V. CONTRACTS AND FINANCE. 50 General Assembly Of North Carolina Session 2025
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150155 "Section 5.1. Contracts According to General Law. All contracts awarded by the Town 1
151156 shall be executed in accordance with the provisions of the General Statutes, local acts applicable 2
152157 to the Town, or the provisions of this Charter. 3
153158 "Section 5.2. Official Depository for Town Funds; Control and Management of Town 4
154159 Accounts. All moneys received by the Town, or in connection with the business of the Town, 5
155160 shall be paid promptly into the Town's depository. The Town's official depository shall be an 6
156161 institution designated by the Board in accordance with applicable general laws, including, 7
157162 without limitation, laws regarding qualifications for the selected depository, the security for 8
158163 deposits, and interest thereon. All interest on moneys belonging to the Town shall accrue to the 9
159164 benefit of the Town. All moneys and accounts of the Town shall be maintained, managed, held, 10
160165 disbursed, and invested in accordance with applicable provision of this Charter and the general 11
161166 law of the State of North Carolina. 12
162167 "Section 5.3. Annual Audit. In accordance with applicable statutes, as soon as possible after 13
163168 the close of each fiscal year, an independent audit shall be conducted of all accounts of the Town. 14
164169 Such audit shall be performed by a qualified individual or firm to be selected by the Board. The 15
165170 firm or individual selected to perform the audit shall have no personal interest, directly or 16
166171 indirectly, in the affairs of the Town or of any of its officers and shall otherwise satisfy all 17
167172 applicable legal and professional standards and requirements for this work." 18
168173 SECTION 2. The purpose of this act is to revise the Charter of the Town of Pinetops 19
169174 and to consolidate certain acts concerning the property, affairs, and government of the Town. It 20
170175 is intended to continue without interruption those provisions of prior acts that are expressly 21
171176 consolidated into this act, so that all rights and liabilities which have accrued are preserved and 22
172177 may be enforced. 23
173178 SECTION 3. This act does not repeal or affect any acts concerning the property, 24
174179 affairs, or government of public schools or any acts validating official actions, proceedings, 25
175180 contracts, or obligations of any kind. 26
176181 SECTION 4. Chapter 64 of the Private Laws of 1921 (Extra Session), having served 27
177182 the purpose for which it was enacted or having been consolidated into this act, is expressly 28
178183 repealed. The provisions of this act shall have no effect on the validity of Chapter 577 of the 29
179184 Session Laws of 1963. 30
180185 SECTION 5. The Mayor and members of the Board of Commissioners of the Town 31
181186 of Pinetops serving on the date this act becomes law shall serve until the expiration of their terms 32
182187 or until their successors are elected and qualified. Thereafter, those offices shall be filled as 33
183188 provided in Articles II and III of the Charter contained in Section 1 of this act. 34
184189 SECTION 6. This act does not affect any rights or interests that arose under any 35
185190 provisions repealed by this act. 36
186191 SECTION 7. All existing ordinances, resolutions, and other provisions of the Town 37
187192 of Pinetops not inconsistent with the provisions of this act shall continue in effect until repealed 38
188193 or amended. 39
189194 SECTION 8. Whenever a reference is made in this act to a particular provision of 40
190195 the General Statutes and the provision is later amended, superseded, or recodified, the reference 41
191196 shall be deemed amended to refer to the amended General Statute or to the General Statute that 42
192197 most clearly corresponds to the statutory provision that is superseded or recodified. 43
193198 SECTION 9. If any provision of this act or application thereof is held invalid, such 44
194199 invalidity shall not affect other provisions or applications of this act that can be given effect 45
195200 without the invalid provision or application and, to this end, the provisions of this act are declared 46
196201 to be severable. 47
197202 SECTION 10. This act is effective when it becomes law. No action or proceeding 48
198203 pending on the effective date of this act by or against the Town of Pinetops or any of its 49
199204 departments or agencies shall be abated or otherwise affected by this act. 50