Eastover NC Town Charter
ARTICLE I: INCORPORATION AND CORPORATE POWERS
The inhabitants of the Town are a body corporate and politic under the name ”Town of Eastover”. The Town of Eastover has all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the general law of North Carolina.
ARTICLE II: CORPORATE BOUNDARIES.
Section 2.1 Town Boundaries. Until modified in accordance with law, the boundaries of the Town of Eastover are as follows:
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ARTICLE III: GOVERNING BODY.
Section 3.1. Structure of Governing Body; Number of Members. The governing body of the Town of Eastover is the Mayor and the Town Council, which shall have six members.
Section 3.2. Temporary Officers. Until the organizational meeting after the initial election in 2007 provided for by Section 4.1 of this Charter, Charles G. McLaurin is hereby appointed Mayor and Benny Pearce, Sara Piland, Rupert Tatum, Jr., Lawrence Buffaloe, Cheryl Hudson, and Willie Geddie are appointed council members of the Town of Eastover, and they shall possess and exercise the powers granted to the governing body until their successors are elected or appointed and qualified pursuant to this Charter. The temporary officers shall elect one of their members to serve as Mayor Pro Tempore until the organizational meeting after the initial election in 2007. If any person named in this section is unable to serve, the remaining temporary officers shall, by majority vote, appoint a person to serve until the initial municipal election is held in 2007.
Section 3.3. Manner of Electing Town Council; Term of Office. The qualified voters of the entire Town shall elect the members of the Town Council and, except as provided in this section, they shall serve four‑year terms. In 2007, the three candidates receiving the highest numbers of votes shall be elected to four‑year terms and the three candidates receiving the next highest numbers of votes shall be elected to two‑year terms. In 2009, and quadrennially thereafter, three members shall be elected to four‑year terms. In 2011, and quadrennially thereafter, three members shall be elected to four‑year terms. To be eligible for election to the Town Council, an individual must reside in the Town of Eastover. Vacancies on the Town Council shall be filled in accordance with G.S. 160A‑63.
Section 3.4. Manner of Electing Mayor; Term of Office; Duties. The qualified voters of the entire Town shall elect the Mayor. In 2007, and biennially thereafter, the Mayor shall be elected for a term of two years. The Mayor shall attend and preside over meetings of the Town Council, shall advise the Town Council from time to time as to matters involving the Town of Eastover, and shall have the right to vote as a member of the Town Council on all matters before the Council, but shall have no right to break a tie vote in which the Mayor has participated.
Section 3.5. Manner of Electing Mayor Pro Tempore; Term of Office; Duties. The Mayor Pro Tempore shall be elected from among the members of the Town Council at the organizational meeting after the initial election in November 2007, and shall serve for a term of two years. The Mayor Pro Tempore shall act in the absence or disability of the Mayor. If the Mayor and Mayor Pro Tempore are both absent from a meeting of the Town Council, the members of the Town Council present may elect a temporary chair to preside in the absence. The Mayor Pro Tempore shall have the right to vote on all matters before the Town Council and shall be considered a member of the Town Council for all purposes.
Section 3.6. Compensation of Mayor and Town Council. The Mayor and members of the Town Council shall be reimbursed for ordinary and necessary expenses.
ARTICLE IV: ELECTIONS.
Section 4.1. Conduct of Town Elections. Elections shall be conducted on a nonpartisan basis and results determined by a plurality as provided in G.S. 163‑292.
Section 4.2. Date of Election. Elections shall be conducted in accordance with Chapter 163 of the General Statutes.
Section 4.3. Special Elections and Referenda. Special elections and referenda may be held only as provided by general law or applicable local acts of the General Assembly.
ARTICLE V: ORGANIZATION AND ADMINISTRATION.
Section 5.1. Form of Government. The Town shall operate under the Council‑Manager plan as provided in Part 2 of Article 7 of Chapter 160A of the General Statutes.
Section 5.2. Town Manager; Appointment; Power and Duties. The Town Council shall appoint a Town Manager who shall be responsible for the administration of all departments of the Town government, except as otherwise directed by the Town Council. The Town Manager shall have all the powers and duties conferred by general law, except as expressly limited by the provisions of this Charter, and the additional powers and duties conferred by the Town Council, so far as authorized by general law.
Section 5.3. Town Manager’s Authority Over Personnel; Role of Elected Officials. As chief administrator of the Town, the Town Manager shall have the power to appoint, suspend, and remove all Town officers, department heads, and employees, except the Town Attorney, Town Clerk, and any other official whose appointment or removal is vested in the Town Council by this Charter or by general law. Neither the Town Council nor any of its members shall take part in the appointment or removal of officers or employees in the administrative service of the Town of Eastover, except as provided by this Charter. Except for purposes of inquiry, or for consultation with the Town Attorney, the Town Council and its members shall deal with Town employees solely through the Town Manager or Acting Town Manager, and neither the Town Council nor any of its members shall give any specific orders to any subordinates of the Town Manager or Acting Town Manager, either publicly or privately.
Section 5.4. Town Attorney. The Town Council shall appoint a Town Attorney licensed to practice law in North Carolina. It shall be the duty of the Town Attorney to represent the Town, advise Town officials, and perform other duties required by law or as the Town Council may direct.
Section 5.5. Town Clerk. The Town Council shall appoint a Town Clerk to keep a journal of the proceedings of the Town Council, to maintain official records and documents, to give notice of meetings, and to perform such other duties required by law or as the Town Council may direct.
Section 5.6. Other Administrative Officers and Employees. The Town Council may authorize other offices and positions and appoint persons to fill the offices and positions, or the Council may authorize the offices and positions to be filled by appointment by the Town Manager. The Town Council may organize the Town government as deemed appropriate, subject to the requirements of general law.
Section 5.7. Consolidation of Functions. Where positions are not incompatible, the Town Council may combine in one person the powers and duties of two or more officers created or authorized by this Charter.
ARTICLE VI: TAXES AND BUDGET ORDINANCE
Section 6.1. Powers of the Town Council. The Town Council may levy those taxes and fees authorized by general law. An affirmative vote equal to a majority of all the members of the Town Council shall be required to change the ad valorem tax rate from the rate established during the prior fiscal year.
Section 6.2. Budget. From and after July 1, 2007, the citizens and property in the Town of Eastover shall be subject to municipal taxes levied for the year beginning July 1, 2007, and for that purpose the Town shall obtain from Cumberland County a record of property in the area herein incorporated which was listed for property taxes as of January 1, 2007. The Town may adopt a budget ordinance for fiscal year 2007‑2008 without following the timetable in the Local Government Budget and Fiscal Control Act, but shall follow the sequence of actions in the spirit of the act insofar as is practical. For fiscal year 2007‑2008, ad valorem taxes may be paid at par or face amount within 90 days of adoption of the budget ordinance and thereafter in accordance with the schedule in G.S. 105‑360 as if the taxes had been due and payable on September 1, 2007.
ARTICLE VII: ORDINANCES.
Section 7.1. Ordinances. Except as otherwise provided in this Charter, the Town of Eastover is authorized to adopt such ordinances as the Town Council deems necessary for the governance of the Town.
ARTICLE VIII: MISCELLANEOUS.
Section 8.1. Conflicts of Interest. No person, or a member of the person’s immediate family, who is employed by or is an official of the Town of Eastover, shall do business with the Town unless the activity is approved by the Town Council. All appointed officials of the Town shall inform the Town Council of any conflicts of interest, and the failure to so inform shall constitute grounds for immediate dismissal for cause. No official of the Town may accept any gratuity from any business, person, or other official if the gratuity is related to his or her official duties.
Section 8.2. Enlargement of Town Council. The qualified voters of the Town of Eastover may seek to enlarge the number of members of the Town Council by submitting a petition to that effect signed by twenty percent (20%) of the qualified voters. Upon passage of a resolution as provided in G.S. 160A‑102 or upon receipt of a valid petition, the Town Council shall immediately take steps as provided in Part 4 of Article 5 of Chapter 160A of the General Statutes to determine by referendum whether the number of members of the Town Council should be increased. If a majority of the votes cast in the referendum are in the affirmative, a special election shall be held at the earliest possible date to elect the additional members required to enlarge the Town Council to the number set forth in the referendum.
Section 8.3. Amendments to Charter. The Town Council may propose and enact amendments to this Charter in accordance with Part 4 of Article 5 of Chapter 160A of the General Statutes. No amendment to this Charter shall become effective until public notice is given and a public hearing is held to receive comments on the proposed Charter amendment. Notwithstanding G.S. 160A‑103, upon receipt of a referendum petition bearing the signatures and residence addresses of twenty percent (20%) of the qualified voters of the Town, the Town Council shall submit ordinances adopted under G.S. 160A‑102 to a vote of the people.
Section 8.4. Provision of Services and Administration of Functions. The Town Council may enter into agreements with other governmental bodies and private enterprises for the provision of services and the administration of corporate functions in order to provide the services and administer the functions in the most efficient and cost‑effective manner.
Section 8.5. Sales Tax Reimbursement. The Town of Eastover shall comply with the terms of the Sales Tax Interlocal Agreement between Cumberland County and the municipalities within Cumberland County with regard to the Town of Eastover’s incorporation until the Agreement expires on June 30, 2013, or the Agreement is terminated, whichever occurs first.
ARTICLE IX: SPECIAL PROVISIONS.
Section 9.1. Fire Protection. The Town of Eastover may contract with the Eastover Volunteer Fire Department, Inc., and the Vander Volunteer Fire Department, Inc., to provide fire protection for the Town. The contract terms and the amount paid by the Town of Eastover to the Eastover Volunteer Fire Department, Inc., and the Vander Volunteer Fire Department, Inc., shall be mutually agreed upon and annually renewed by the Board of Directors for the Eastover Volunteer Fire Department, Inc., and the Town Council and the Board of Directors for the Vander Volunteer Fire Department, Inc., and the Town Council.”
SECTION 2. Section 1 of this act shall become effective only if the Charter of the Town of Eastover is approved under section 5 of the Voting Rights Act of 1965 by the United States Department of Justice. If the Charter is not approved, Section 1 of this act shall have no force and effect.
SECTION 3. Upon approval of the Charter by the United States Department of Justice, the Cumberland County Board of Elections, in consultation with the State Board of Elections, shall set and publicize a schedule for the election of Town Officers for the Town of Eastover at the earliest convenient date, but the election shall be held no later than 150 days after the Charter has been approved. The schedule shall include a filing period of two weeks.
SECTION 4. The persons named as members of the Interim Board in Section 3.2 of the Charter of the Town of Eastover, as enacted in Section 1 of this act, being Charles G. McLaurin, Benny Pearce, Sara Piland, Rupert Tatum, Jr., Lawrence Buffaloe, Cheryl Hudson, and Willie Geddie, shall be responsible for submitting any information required by G.S. 120‑30.9F to the Attorney General of the United States.
SECTION 5. This act is effective when it becomes law.