Chapter 160A. Cities and Towns. § 160A-1. Application and ...

Chapter 160A.

Cities and Towns.

Article 1.

Definitions and Statutory Construction.

¡ì 160A-1. Application and meaning of terms.

Unless otherwise specifically provided, or unless otherwise clearly required by the context, the

words and phrases defined in this section shall have the meaning indicated when used in this

Chapter.

(1)

"Charter" means the entire body of local acts currently in force applicable to a

particular city, including articles of incorporation issued to a city by an

administrative agency of the State, and any amendments thereto adopted

pursuant to 1917 Public Laws, Chapter 136, Subchapter 16, Part VIII, sections 1

and 2, or Article 5, Part 4, of this Chapter.

(2)

"City" means a municipal corporation organized under the laws of this State for

the better government of the people within its jurisdiction and having the

powers, duties, privileges, and immunities conferred by law on cities, towns,

and villages. The term "city" does not include counties or municipal

corporations organized for a special purpose. "City" is interchangeable with the

terms "town" and "village," is used throughout this Chapter in preference to

those terms, and shall mean any city as defined in this subdivision without

regard to the terminology employed in charters, local acts, other portions of the

General Statutes, or local customary usage. The terms "city" or "incorporated

municipality" do not include a municipal corporation that, without regard to its

date of incorporation, would be disqualified from receiving gasoline tax

allocations by G.S. 136-41.2(a), except that the end of status as a city under this

sentence shall not affect the levy or collection of any tax or assessment, or any

criminal or civil liability, and shall not serve to escheat any property until five

years after the end of such status as a city, or until September 1, 1991, whichever

comes later.

(3)

"Council" means the governing board of a city. "Council" is interchangeable

with the terms "board of aldermen" and "board of commissioners," is used

throughout this Chapter in preference to those terms, and shall mean any city

council as defined in this subdivision without regard to the terminology

employed in charters, local acts, other portions of the General Statutes, or local

customary usage.

(4)

"General law" means an act of the General Assembly applying to all units of

local government, to all cities, or to all cities within a class defined by

population or other criteria, including a law that meets the foregoing standards

but contains a clause or section exempting from its effect one or more cities or

all cities in one or more counties.

(5)

"Local act" means an act of the General Assembly applying to one or more

specific cities by name, or to all cities within one or more specifically named

counties. "Local act" is interchangeable with the terms "special act,"

"public-local act," and "private act," is used throughout this Chapter in

preference to those terms, and shall mean a local act as defined in this

NC General Statutes - Chapter 160A

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(6)

(7)

(8)

subdivision without regard to the terminology employed in charters, local acts,

or other portions of the General Statutes.

"Mayor" means the chief executive officer of a city by whatever title known.

"Publish," "publication," and other forms of the verb "to publish" mean

insertion in a newspaper qualified under G.S. 1-597 to publish legal

advertisements in the county or counties in which the city is located.

"Rural Fire Department" means, for the purpose of Articles 4A or 14 of this

Chapter, a bona fide department which, as determined by the Commissioner of

Insurance, is classified as not less than class "9" in accordance with rating

methods, schedules, classifications, underwriting rules, bylaws or regulations

effective or applied with respect to the establishment of rates or premiums used

or charged pursuant to Article 36 or Article 40 of Chapter 58 of the General

Statutes, and which operates fire apparatus and equipment of the value of five

thousand dollars ($5,000) or more; but it does not include a municipal fire

department. (1971, c. 698, s. 1; 1973, c. 426, s. 3; 1983, c. 636, s. 17.1; 1985

(Reg. Sess., 1986), c. 934, s. 1.)

¡ì 160A-2. Effect upon prior laws.

Nothing in this Chapter shall repeal or amend any city charter in effect as of January 1, 1972, or

any portion thereof, unless this Chapter or a subsequent enactment of the General Assembly shall

clearly show a legislative intent to repeal or supersede all local acts. The provisions of this Chapter,

insofar as they are the same in substance as laws in effect as of December 31, 1971, are intended to

continue such laws in effect and not to be new enactments. The enactment of this Chapter shall not

require the readoption of any city ordinance enacted pursuant to laws that were in effect before

January 1, 1972, and are restated or revised herein. The provisions of this Chapter shall not affect

any act heretofore done, any liability incurred, any right accrued or vested, or any suit or

prosecution begun or cause of action accrued as of January 1, 1972. (1971, c. 698, s. 1.)

¡ì 160A-3. General laws supplementary to charters.

(a)

When a procedure that purports to prescribe all acts necessary for the performance or

execution of any power, duty, function, privilege, or immunity is provided by both a general law

and a city charter, the two procedures may be used as alternatives, and a city may elect to follow

either one.

(b)

When a procedure for the performance or execution of any power, duty, function,

privilege, or immunity is provided by both a general law and a city charter, but the charter

procedure does not purport to contain all acts necessary to carry the power, duty, function,

privilege, or immunity into execution, the charter procedure shall be supplemented by the general

law procedure; but in case of conflict or inconsistency between the two procedures, the charter

procedure shall control.

(c)

When a power, duty, function, privilege, or immunity is conferred on cities by a general

law, and a charter enacted earlier than the general law omits or expressly denies or limits the same

power, duty, function, privilege or immunity, the general laws shall supersede the charter. (1971, c.

698, s. 1.)

¡ì 160A-4. Broad construction.

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It is the policy of the General Assembly that the cities of this State should have adequate

authority to execute the powers, duties, privileges, and immunities conferred upon them by law. To

this end, the provisions of this Chapter and of city charters shall be broadly construed and grants of

power shall be construed to include any additional and supplementary powers that are reasonably

necessary or expedient to carry them into execution and effect: Provided, that the exercise of such

additional or supplementary powers shall not be contrary to State or federal law or to the public

policy of this State. (1971, c. 698, s. 1.)

¡ì 160A-4.1: Repealed by Session Laws 2019-111, s. 2.6(b), as amended by Session Laws

2020-3, s. 4.33(a), and Session Laws 2020-25, s. 51(a), (b), (d), effective June 19,

2020.

¡ì 160A-5. Statutory references deemed amended to conform to Chapter.

Whenever a reference is made in another portion of the General Statutes or any local act, or any

city ordinance, resolution, or order, to a portion of Chapter 160 of the General Statutes that is

repealed or superseded by this Chapter, the reference shall be deemed amended to refer to that

portion of this Chapter which most nearly corresponds to the repealed or superseded portion of

Chapter 160. (1971, c. 698, s. 1; 1973, c. 426, s. 2.)

Article 1A.

Municipal Board of Control.

¡ì¡ì 160A-6 through 160A-10. Repealed by Session Laws 1981 (Regular Session, 1982), c. 1191,

s. 63.

Article 2.

General Corporate Powers.

¡ì 160A-11. Corporate powers.

The inhabitants of each city heretofore or hereafter incorporated by act of the General

Assembly or by the Municipal Board of Control shall be and remain a municipal corporation by the

name specified in the city charter. Under that name they shall be vested with all of the property and

rights in property belonging to the corporation; shall have perpetual succession; may sue and be

sued; may contract and be contracted with; may acquire and hold any property, real and personal,

devised, sold, or in any manner conveyed, dedicated to, or otherwise acquired by them, and from

time to time may hold, invest, sell, or dispose of the same; may have a common seal and alter and

renew the same at will; and shall have and may exercise in conformity with the city charter and the

general laws of this State all municipal powers, functions, rights, privileges, and immunities of

every name and nature whatsoever.

All documents required or permitted by law to be executed by municipal corporations will be

legally valid and binding in this respect when a legible corporate stamp, which is a facsimile of its

seal, is used in lieu of an imprinted or embossed corporate or common seal. (Code, ss. 704, 3117;

1901, c. 283; 1905, c. 526; Rev., s. 2916; 1907, c. 978; P.L. 1917, c. 223; C.S., s. 2623; Ex. Sess.

1921, c. 58; 1927, c. 14; 1933, c. 69; 1949, c. 938; 1955, c. 77; 1959, c. 391; 1961, c. 308; 1967, c.

100, s. 2; c. 1122, s. 1; 1969, c. 944; 1971, c. 698, s. 1; 1973, c. 170; c. 426, s. 7; 2011-284, s. 110.)

¡ì 160A-12. Exercise of corporate power.

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All powers, functions, rights, privileges, and immunities of the corporation shall be exercised

by the city council and carried into execution as provided by the charter or the general law. A

power, function, right, privilege, or immunity that is conferred or imposed by charter or general

law without directions or restrictions as to how it is to be exercised or performed shall be carried

into execution as provided by ordinance or resolution of the city council. (Code, s. 703; Rev., s.

2917; C.S., s. 2624; 1971, c. 698, s. 1.)

¡ì¡ì 160A-13 through 160A-15. Reserved for future codification purposes.

Article 3.

Contracts.

¡ì 160A-16. Contracts to be in writing; exception.

All contracts made by or on behalf of a city shall be in writing. A contract made in violation of

this section shall be void and unenforceable unless it is expressly ratified by the council. (1917, c.

136, subch. 13, s. 8; C.S., s. 2831; 1971, c. 698, s. 1.)

¡ì 160A-17. Continuing contracts.

A city is authorized to enter into continuing contracts, some portion or all of which are to be

performed in ensuing fiscal years. Sufficient funds shall be appropriated to meet any amount to be

paid under the contract in the fiscal year in which it is made, and in each ensuing fiscal year, the

council shall appropriate sufficient funds to meet the amounts to be paid during the fiscal year

under continuing contracts previously entered into. (1971, c. 698, s. 1.)

¡ì 160A-17.1. Grants from other governments.

(a)

Federal and State. ¨C The governing body of any city or county is hereby authorized to

make contracts for and to accept grants-in-aid and loans from the federal and State governments

and their agencies for constructing, expanding, maintaining, and operating any project or facility,

or performing any function, which such city or county may be authorized by general law or local

act to provide or perform.

In order to exercise the authority granted by this section, the governing body of any city or

county may:

(1)

Enter into and carry out contracts with the State or federal government or any

agency or institution thereof under which such government, agency, or

institution grants financial or other assistance to the city or county;

(2)

Accept such assistance or funds as may be granted or loaned by the State or

federal government with or without such a contract;

(3)

Agree to and comply with any lawful and reasonable conditions which are

imposed upon such grants or loans;

(3a) Agree to and comply with minimum minority business enterprise participation

requirements established by the federal government and its agencies in projects

financed by federal grants-in-aid or loans, by including such minimum

requirements in the specifications for contracts to perform all or part of such

projects and awarding bids pursuant to G.S. 143-129 and 143-131, if applicable,

to the lowest responsible bidder or bidders meeting these and any other

specifications.

(4)

Make expenditures from any funds so granted.

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(b)

Expired effective December 31, 2010. (1971, c. 896, s. 10; c. 937, ss. 1, 1.5; 1973, c.

426, s. 8; 1981, c. 827; 2007-91, s. 1.)

¡ì 160A-17.2. Security interests in United States Department of Agriculture loans.

(a)

A county or municipality may pledge a security interest in an escrow account funded

with loan proceeds, or a certificate of deposit, to secure repayment of the loan, only if the loan is an

interest-free loan agreement entered into with the United States Department of Agriculture or an

authorized intermediary acting on behalf of the United States Department of Agriculture. Any such

escrow account must be substantiated by a written escrow agreement, and the funds must be

deposited in accordance with G.S. 159-30 and G.S. 159-31. Any certificate of deposit shall comply

with the requirements of G.S. 159-30.

(b)

An interest-free loan agreement entered into under this section is subject to approval by

the Local Government Commission under Article 8 of Chapter 159 of the General Statutes, unless

exempted in G.S. 159-148(b).

(c)

No deficiency judgment may be rendered against any county or municipality in any

action for breach of a contractual obligation authorized by this section. The taxing power of a

county or municipality is not and may not be pledged directly or indirectly to secure any moneys

due under a contract authorized by this section. (2015-207, s. 3.)

¡ì 160A-18. Certain deeds validated.

(a)

All deeds made, executed, and delivered by any city before July 1, 1970, for a good and

valuable consideration are hereby in all respects validated, ratified, and confirmed notwithstanding

any lack of authority to make the deed or any irregularities in the procedures by which conveyance

of the land or premises described therein was authorized by the city council.

(b)

All conveyances and sales of any interest in real property by private sale, including

conveyances in fee and releases of vested or contingent future interests, made by the governing

body of any city, school district, or school administrative unit before July 1, 1970, are hereby

validated, ratified, and confirmed notwithstanding the fact that such conveyances or releases were

made by private sale and not after notice and public outcry.

(b1) All conveyances of any interest in real property by private sale, including conveyance

in fee, made by the governing body of any county before January 1, 1977, are hereby validated,

ratified, and confirmed notwithstanding the fact that such conveyances were made by private sale,

without advertisement, and not after notice and public outcry.

(c)

Nothing in this section shall affect any action or proceeding begun before January 1,

1977. (Ex. Sess. 1924, c. 95; 1951, c. 44; 1959, c. 487; 1971, c. 698, s. 1; 1977, c. 1103.)

¡ì 160A-19. Leases.

A city is authorized to lease as lessee, with or without option to purchase, any real or personal

property for any authorized public purpose. A lease of personal property with an option to purchase

is subject to Article 8 of Chapter 143 of the General Statutes. (1973, c. 426, s. 9.)

¡ì 160A-20. Security interests.

(a)

Purchase. ¨C A unit of local government may purchase, or finance or refinance the

purchase of, real or personal property by installment contracts that create in some or all of the

property purchased a security interest to secure payment of the purchase price to the seller or to an

individual or entity advancing moneys or supplying financing for the purchase transaction.

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