1987-05-22 SPm Exhibits
2-
~
RESOLUTION,
.OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County proposes to lease, as
lessee, an office building to provide necessary space for
the Department of Social Services; and
WHEREAS,
approval
of
the
Local
Government
Cormnission is required for the contract proposed by the
County.
NOW THEREFORE BE IT RESOLVED that the Board of
Cormnissioners of New Hanover County,
do hereby make
application to the Local Government Cormnission for approval
of such a contract or financing agreement, pursuant to North
Carolina General Statutes Chapter 159, Article 8, and as
such does provide the following data and information:
1. The County, as Lessee, proposes to lease from
Associated Builders Corporation, as Lessor, an office
building to be constructed by Lessor on land owned by
Lessor.
The lease provides for a term of ten (10) years
wi th an option for two (2) five (5) year extensions at a
rental of $37,275.00 'per month for 31,500 feet of office
space, during the initial term of ten ( 10) years. The
proposed lease will be executed prior to cormnencement of the
construction but rental shall not cormnence until acceptance
of the building by the County.
t
2.
The present facili ties of the Department of
Social Services are inadequate, insufficient and are not in
.~
, t
~
compliance with State standards for office space and
facilities.
The Regional Director of the North Carolina
Department of Human Resources has discussed with the
Cormnissioners the necessity of compliance and warned that
failure to plan and correct existing deficiencies could
adversely affect Federal and State funding of the County's
administrative. costs.
The County held a special public
building land election on October 8, 1985 and the voters of
New Hanover County rejected a bond issue to pay the capital
costs of constructing a public building to be used by
Department of Social Services.
3. According to DARE, Inc.'s 1985 Office Space
Survey of Wilmington's Central Business District, the
average rental rate was $9.01/square foot. There is not a
comparable new office building in the CBD, but the 1986
rental
of
rate
recently-renovated
building
a
was
$11.50/square foot.
A recent suburban office survey
indicates that new office space is renting at $11.50
$12.00/square foot.
The proposed building is in a prime
suburban location.
The contract's base price for lease of the office
building is $10.50/square foot; an additional $3.70/square
foot is added to the base for interior movable partitions
and work stations. The lease rate of $14.20/square foot is
not excessive relative to new custom office space, with
/
interior furnishings.
2
.'
4. The county attorney has rendered an opinion
that the proposed lease undertaking is authorized by law and
is a purpose for which public funds may be expended pursuant
to the Constitution and laws of North Carolina.
5. The proposed lease undertaking, under existing
facts and circumstances in New Hanover County, is preferable
to a general obligation or revenue bond issue for the same
purpose. Specifically, (i) non-voted bonds (the two-thirds
rule") would amount to only $1,936,300 while the estimated
cost of land and building would amount to $3,470,000; and
(ii) the lease or contract method is not only preferable but
is believed to be necessary as the citizens rejected a
general obligation bond issue for an office facility to be
. . & .
built on county owned land and the use of the proposed
office facility is not revenue producing and thus could not
support a revenue bond issue.
6.
The
estimated
cost
of
financing
the
undertaking under the contract method is more expensive than
bond
financing;
the
voters,
however,
rejected
bond
financing, yet the need for an improved facility remains
(the present DSS building has repeatedly failed to meet
state and federal requirements when inspected).
Further,
the County solicited proposals and received eleven (11)
competitive offers, which were objectively evaluated on
price, location, building, and site development.
7. Debt management policies have been carried out
in strict compliance with law; further, the necessary funds
3
. .
to meet debt obligations have been appropriated annually in
New Hanover County's budget.
8.
At
the proposed rental rate with 62%
reimbursement for the Social Services programs, less than a
.0025 cent increase will be required.
9. New Hanover County, as the contracting unit,
is not, and has not been, in default in meeting its debt
service obligat~ons.
of May, 1987.
~ {Jr~
Nolan O'Neal, Chairman
Board of County Cormnissioners
~J'd~
erk to the Board
t
4
,.
~
.' ,~
..-
.
.
\~.,
r
wf~~fl-o
.(.~, J
...
(yd :2(
." ~ A---'
, '-~2S-
~.12f1 /981
.'~
A BILL TO BE ENTITLED AN ACT TO CONSOLIDATE THE GOVERNMENTS
OF THE CITY OF WILMINGTON AND NEW HANOVER COUNTY AND ENACT A
CHARTER FOR THE WII.llfiNGTON/NEW HANOVER COUNTY CONSOLIDATED
GOVERNMENT
The GENERAL ASSEMBLY OF NORTH CAROLINA ENACTS:
Section 1 D
The Charter for the Wilmington/New Hanover
County Consolidated Government is as follows:
CHAPTER 1
GENERAL PROVISIONS
ART-I CLE 1
ESTABLISHMENT
SECTION 1-1
CONSOLIDATED GOVERNMENT ESTABLISHED
a. The powers, duties, rights, privileges and irmnunities of
the City of Wilmington and the County of New Hanover are
consolidated into one WILMINGTON/NEW HANOVER CONSOLIDATED
GOVERNMENT, herein called the GOVERNMENT.
b. The GOVERNMENT is the legal successor to the separate
governments of the City of Wilmington and the County of New
Hanover.
Co New Hanover County continues as a county of the State of
North Carolina.
d. The City of Wilmington is abolished as an independent
municipal corporation.
~
t
. J
....
"
.~
.
SECTION 1-2
BOUNDARIES
The GOVERNMENT has jurisdiction and extends territorially
throughout the total area of New Hanover County.
SECTION 1-3 - 1-5
RESERVED
ARTICLE 2
POWERS AND DUTIES
SECTION 1-6
CORPORATE POWERS
a. The inhabitants of New Hanover County are a constituted
politic and corporate body with the name of the Wilmington/New
Hanover Consolidated GOVERNMENT and under that name shall have
perpetual succession; shall have a cormnon seal and may alter and
renew it at will; may sue and be sued; may contract; may acquire
and hold all property and rights of property, real, and personal,
that may be devised, bequeathed, sold or in any manner conveyed
. or dedicated to or otherwise acquired by the GOVERNMENT; and may
hold, invest, sell or dispose of such property and rights of
property.
b. Except as otherwise provided in this CHARTER, or G.S.
Chapter 160B, The Consolidated. City-County Act of 1973, as
amended, the consolidated government and its officers and
employees may exercise and do enjoy (1) all the powers, duties,
rights, privileges, and irmnunities that counties at or'after the
effective date of this CHARTER may exercise and do enjoy under
the Constitution and general laws of the state of North Carolina;
(2) all the powers, duties, rights, privileges, and irmnunities
that incorporated municipalities at or after the effective date
.
of this CHARTER may exercise and do enjoy under the Constitution
2
.
.
.
t
'.
''''.,
1.-,-
and general laws of the State of North Carolina; and (3) all the
powers, duties, rights, privileges, and irmnunities that the City
of Wilmington or New Hanover County at the effective date of this
CHARTER could exercise and enjoy under special acts of the
General Assembly of North Carolina. All these special acts
applying to the City of wilmington or New Hanover County are
continued and apply to the consolidated government except as
expressly repealed by this CHARTER or when clearly inconsistent
with the provisions of this CHARTER.
Except as otherwise provided in this CHARTER, the
consolidated government may exercise throughout its jurisdiction
any power, duty, right, privilege or immunity granted to it by
law.
Co The GOVERNMENT shall have rights, powers, duties,
privileges and authority provided by the CHARTER, and to exercise
implied powers necessary to carry out the execution of powers
granted in this CHARTER as fully and complete as if the implied
powers were fully enumerated in this CHARTER and to perform acts
pertaining to local affairs, property and government, which are
necessary and proper in the legitimate exercise of the
GOVERNMENT'S duties and functions.
d. The GOVERNMENT may exercise within the towns of
Wrightsville Beach, Carolina Beach and Kure Beach, the rights,
powers, duties, privileges and authority that the County of New
Hanover could exercise county-wide before the effective date of
this CHARTER or that North Carolina counties are authorized to
exercise county-wide subsequent to the effective date of this
3
.
.
.
,.
>(
'.
CHARTER. The governing board of any town that elects to continue
as a separate mu~icipality, however, may agree to the exercise of
any power, duty, right, privilege or immunity of the consolidated
government within the town.
e. In exercising and enjoying any power, duty, right,
privilege or immunity, the GOVERNMENT shall follow the
procedures, if any, set out in this CHARTER. If the CHARTER
contains a procedure that does not include all acts necessary to
exercise the power, duty, right, privilege or immunity, the
GOVERNMENT shall supplement the CHARTER procedure by applicable
procedures set out in other statutes. If no procedure is set out
in the CHARTER, the GOVERNMENT shall follow the procedure set out
in any general or applicable local law granting the power, duty,
right, privilege or immunity; and if two or more laws, other than
this CHARTER grant the same power, duty, right, privilege or
immunity, but with different procedures, the GOVERNMENT may
proceed under either.
f. The procedure set out in any statute, when employed by
the GOVERNMENT, is deemed amended to conform to the structure and
administrative organization of the GOVERNMENT. If a statute
refers to the governing body or the governing board of a county
or municipality, the reference, except as otherwise provided in
this CHARTER, means the Board of Commissioners; and a reference
to a specific official means the official of the consolidated
government who most nearly performs the same duties performed by
the specified officialo If there is doubt as to the appropriate
official, the Board of Commissioners may by resolution designate
4
'I
t
.~
an appropriate official to act as fully as if his office were
. specified in the statute.
SECTION 1-7 - 1-9 RESERVED
ARTICLE 3 CONTINUING MUNICIPAL CORPORATIONS
SECTION 1-10 LIMITATIONS ON POWERS
.
.
No city or town may annex territory included within the
boundaries of the GOVERNMENT unless the Board of Commissioners
agrees by resolution.
SECTION 1-11 CONSOLIDATING A TOWN WITH THE GOVERNMENT
a. At any time after the effective date of the consolidated
government, any of the towns of Wrightsville Beach, Carolina
Beach and Kure Beach that continue as a separate municipality may
be abolished and its powers, duties, rights, privileges and
immuni ties consolidated with those of, and exercised by, the
consolidated government.
b. Any of the towns may consolidate with the GOVERNMENT
subj ect to j oint approval of the governing bodies as to an
orderly transfer of assets and/or liabilities after a town
referendum on consolidation has been held, and a majority of
those voting, vote for consolidation. The town's governing board
shall cause a referendum to be held within 120 days after: (1)
the board has passed an ordinance provisionally consolidating the
town with the GOVERNMENT, or (2) the board has been presented
with a petition for consolidation signed by at least 10 per cent
(10%) of the registered voters of the town. The town's governing
board shall notify the Board of commissioners in writing of the
results of the referendumo
5
.,
.~
. .
c. The effective date of consolidation shall be the first
. Monday in June following the election of the governing body 0
d. On the effective date of consolidation, the terms of
office of all elected officials of the town automatically
terminate and the offices are abolished.
CHAPTER 2
FORM OF GOVERNMENT
ARTICLE 1
STRUCTURE
SECTION 2-1
GENERAL
The
GOVERNMENT
shall
be
a
Mayor-Board
of
Commissioners-Manager form of government.
The Mayor and the
Board of Commissioners shall be elected in non-partisan
\
elections, using the election and runoff election method set out
in N.C.G.S. ~163-293.
.
a. The Mayor shall be elected at-large by the qualified
voters of the GOVERNMENT for a four (4) year term.
b. The Board of Commissioners shall consist of eight (8)
Commissioners-At-Large elected by the qualified voters of the
GOVERNMENT. All Commissioners shall serve four (4) year terms.
SECTION 2-2 MAYOR - POWERS AND DUTIES
The Mayor is the chief executive officer of the GOVERNMENT.
Consistent with the provisions of this CHARTER, the Mayor shall
have the powers, duties, rights, privileges and immunities
granted to and conferred upon the Chairman of Board~ of County
Commissioners and Mayors of the cities by the general laws of the
State of North Carolinao The Mayor shall:
a. Be the official spokesperson for the GOVERNMENT.
.
6
'..
.!O
b. Preside at meetings of the GOVERNMENT. The Mayor has
. the same right and responsibility to vote as a member of the
Board, but may not vote to break a tie vote in which he
participated.
c. Represent the GOVERNMENT in its inter-gQvernmental
relations.
SECTION 2-3
MAYOR PRO TEMPORE
At its organizational meeting after each election, the
members of the Board of Commissioners shall elect fr.om among
their number a Mayor pro tempore, to serve at the pleasure of the
Board of Commissioners. The Mayor pro tempore shall preside over
meetings of the Board of Commissioners in the absence of the
Mayor, but he has no right to break a tie vote in which he
participated. If the Mayor is absent from the county, he may
.
designate the Mayor pro tempore as acting Mayor during his
absence; during that time, the Mayor pro tempore has all the
powers, rights, duties, privileges, and immunities of the Mayor.
SECTION 2-4
!
BOARD OF COMMISSIONERS - POWERS AND DUTIES
The legislative powers of the GOVERNMENT are vested in the
Board of Commissioners. The powers, duties and responsibilities
of the Representatives shall include, but not be limited to:
a. Approving a system for personnel administration.
b. Appointing, removing or suspending from office the
Manager, Attorney, Clerk to the Board, Police Chief and Fire
Chief by a two-thirds (2/3) vote of the Board including the
Mayor 0
.
7
.
.
.
'L
'.
c. Performing the other duties, and responsibilities
defined in this CHARTER.
SECTION 2-5 - 2-8 RESERVED
ARTICLE 2
MAYOR - QUALIFICATIONS AND CONDITIONS OF
OFFICE
SECTION 2-9
ELIGIBILITY FOR OFFICE
To be eligible for election to Mayor, a person must be
eligible for election by the people to office under the
Constitution of North Carolina. The Mayor shall not hold another
paid position within the GOVERNMENT.
SECTION 2-10
COMPENSATION
The initial annual salary of the Mayor shall be Fourteen
Thousand Five Hundred ($14,500.00) Dollars.
SECTION 2-11
VACANCY OR REMOVAL
a. The Board of Commissioners shall declare the office of
Mayor to be vacant when one or more of the following conditions
exists:
1. The Mayor ceases to be a qualif ied voter of the
GOVERNMENT.
2. The Mayor dies, resigns, or is declared mentally
incompetent by a court of competent jurisdiction.
3. The Mayor is removed from office under the general
laws of North Carolina.
b. A vacancy in the office of Mayor shall be filled as set
forth in N.C.G.S. ~160A-63; provided, however, the Mayor pro
tempore shall be appointed to serve as Mayor, with all the powers
8
.
and duties of the office, until a Mayor is elected and takes
. office~
SECTION 2-12 - 2-14
RESERVED
ARTICLE 3
BOARD OF COMMISSIONERS -
QUALIFICATIONS AND CONDITIONS OF
OFFICE
SECTION 2-15
ELIGIBILITY FOR OFFICE
To be a member of the Board of Commissioners, a person must
be eligible for election by the people to office under the laws
and Constitution of North Carolina.
A member shall not hold
another paid position within the GOVERNMENT.
SECTION 2-16
COMPENSATION
The initial annual salary of the Commissioners shall be Nine
Thousand Six Hundred ($9,600.00) Dollars.
.
SECTION 2-17
VACANCY OR REMOVAL
a. The Board of Commissioners shall declare the office of a
commissioner to be vacant when one or more of the following
conditions exists:
1. A Commissioner ceases to be a qualified voter of
the GOVERNMENT.
20 A Commissioner dies, resigns or is declared
mentally incompetent by a court of competent jurisdiction.
30 The Commissioner is removed from office under the
general laws of North Carolina.
4. The Mayor Pro tempore is appointed to fill a
vacancy in the office of Mayor.
b. A vacancy in the office of Commissioner shall be filled
. as set forth in N.C.G.S 160A-630
9
.
.
.
"
CHAPTER 3 ORGANIZATION AND LEGISLATION
ARTICLE 1 CONDUCT OF PROCEEDINGS
SECTION 3-1 MAYOR TO PRESIDE
The Mayor shall preside at all meetings of the Board of
Commissioners and in the Mayor's absence, the Mayor pro tempore
shall preside. The Board of Commissioners shall comply with the
provisions of the open meetings law, Article 33C of Chapter 143
of the North Carolina General Statutes. The meetings of the
Board of Commissioners shall be conducted in accordance with
rules of procedures adopted by the Board.
SECTION 3-2 MEETINGS
a. The Board of Commissioners shall hold an organizational
meeting on the first Monday in December following a general
election in which GOVERNMENT representatives are elected except
for the initial formation of the Consolidated Government. The
newly elected Mayor and members of the Board of Commissioners
shall take and subscribe the oath of office required by the North
Carolina Constitution. A person absent from the organizational
meeting may take and subscribe the oath at a later time.
b. Regular and Special Meetings of the Board of
Commissioners shall be scheduled, called and held pursuant to the
provisions of N.C.G.S. ~153A-400
SECTION 3-3 QUORUM AND VOTING
a. A quorum shall be a majority of the membership of the
Board of Commissioners including the Mayor, but excluding vacant
seats. A member who has withdrawn from a meeting without being
10
.!
.
.
.
of.
. ,
excused by a majority vote of the remaining members present shall
be counted as present for purposes of determining whether or not
a quorum is present.
b. A member of the Board of Commissioners may be excused
from voting only on matters involving his official conduct or his
own financial interests~
c. A. failure to vote by any member of the Board of
commissioners who is physically present or who has withdrawn and
has not been excused from voting, shall be recorded as an
affirmative vote.
d. The vote of each member of the Board of Commissioners on
each ordinance, resolution, motion or other action shall be
recorded.
SECTION 3-4
3-6
RESERVED
ARTICLE 2
PROCEDURE FOR EXERCISE OF LEGISLATIVE
POWERS
FORM OF ACTION
SECTION 3-7
The Board of Commissioners shall take official action only
by the adoption of ordinances, resolutions or motions entered in
full in the minutes of the meeting.
SECTION 3-8
ORDINANCE PROCEDURES
a. Official actions which are to become law shall be by
ordinance.
b. Each proposed ordinance shall be in writing, contain
only one subject and be clearly titled expressing that subject.
c. No ordinance shall be passed or adopted until it has
been read at two (2) regular meetings, not less than one week
11
.
.
.
'.
apart and approved by the affirmative vote of the majority of the
members, including the Mayor. One of the meetings shall be an
evening meeting. This requirement for a second reading may be
waived by a unanimous vote of the members present, including the
mayor.
d. The Board of Commissioners may provide in its discretion
that an ordinance shall become effective only upon a vote of the
people. If the Board decides to require voter approval, it shall
adopt a resolution at the same meeting, calling a referendum for
the purpose of submitting the ordinance to a vote. Such
resolution may be repealed or modified up to sixty (60) days
prior to the scheduled referendum. The referendum shall be held
within one hundred twenty (120) days after the day the ordinance
is adopted. The referendum shall be conducted pursuant to the
provisions of Chapter 163 of the General Statutes of North
Carolina applicable to cities. An ordinance adopted by a vote of
the.people shall be repealed only upon the vote of the people.
12
.I
CHAPTER 4 ADMINISTRATION
. ARTICLE 1 IMPLEMENTATION
SECTION 4-1 INITIAL ORGANIZATION
The initial administrative organization of the GOVERNMENT
shall be that of the merging governments on the effective date of
.
the consolidated government and the GOVERNMENT initially shall be
organized into at least the departments that were in existence
prior to consolidation.
SECTION 4-2 REORGANIZATION
The Board of Commissioners, except as restricted by this
CHARTER or the general laws of the state, may organize or
reorganize the administrative structure, of the GOVERNMENT by
creating, transferring, consolidating, reorganizing and
abolishing offices, positions, departments, agencies, boards,
commissions, and authorities of the GOVERNMENT.
SECTIONS 4-3
ARTICLE 2
SECTION 4-5
4-4
RESERVED
APPOINTED POSITIONS
MANAGER
.
There shall be a GOVERNMENT Manager appointed in accordance
with Chapter 2 of this CHARTER. The Manager shall report to the
Board of Commissioners and shall perform duties as required by
this CHARTER, local ordinances, state law and shall perform other
duties as directed by the Board of Commissioners.
SECTION 4-6 ATTORNEY
There shall be a GOVERNMENT Attorney appointed in accordance
with Chapter 2 of this CHARTER. The Attorney shall report to the
Board of Commissioners and shall perform duties as required by
13
.
.
.
,.
this CHARTER, local ordinances, state law and shall perform other
duties as directed by the Board of Commissioners.
SECTION 4-7 CLERK TO THE BOARD OF COMMISSIONERS
There shall be a Clerk to the Board of Commissioners
appointed in accordance with Chapter 2 of this CHARTER. The
Clerk to the Board of Commissioners shall report to the Board of
Commissioners and shall perform duties as required by this
CHARTER, local ordinances, state law and shall perform other
duties as directed by the Board of Commissioners.
SECTIONS 4-8
ARTICLE 3
SECTION 4-14
4-13
RESERVED
SPECIAL APPOINTMENTS
POLICE CHIEF
The Board of Commissioners shall appoint, suspend or remove
the Chief of police. The Chief of Police shall be the head of
the Government Police Department. The Chief of Police shall:
a. Have law enforcement training and have held a prior
position in law enforcement, including administrative duties and
responsibilities to demonstrate the capability to perform the
requirements of this position.
bo Direct and supervise department activities including
administration of:
14
. 1. The enforcement of the criminal laws and regulations
of North Carolina, and the ordinances of the GOVERNMENT.
2. Patrol and criminal investigations, including
training programs and support services within the boundaries of
the GOVERNMENT.
3. Other duties
ordinances and as directed
Commissioners.
as required by this CHARTER and
by the Manager and the Board of
SECTION 4-15
FIRE CHIEF
.
The Board of Commissioners shall appoint, remove or suspend
the Fire Chief. The Fire Chief shall be the head of the
Government Fire Department. The Fire Chief shall:
a. Have fire training and held a prior position in fire
fighting and prevention including administrative duties and
responsibilities to demonstrate the capability to perform the
requirements of this position.
b. Direct and supervise the Urban Service District Fire
Department.
c. Perform
ordinances and
other duties
as directed
as
required by
the Manager
this CHARTER,
and Board of
by
Commissioners.
.
15
.
.
.
~
.
VOLUNTEER FIRE DEPARTMENTS
CONTRACTS WITH VOLUNTEER FIRE
DEPARTMENTS
The GOVERNMENT may continue to contract with the Volunteer
Fire Departments located in the County to provide fire protection
in the areas outside the Urban Service District.
ARTICLE 4
SECTION 4-16
ARTICLE 5 OTHER OFFICES
SECTION 4-17 SHERIFF
The Sheriff shall be responsible for the performance of
duties imposed upon the Sheriff of New Hanover County by the
Constitution or by the general or special laws of North Carolina
and shall coordinate with the police Chief the administration of
law enforcement in the consolidated GOVERNMENT.
16
CHAPTER 5 BOARDS & COMMISSIONS
. ARTICLE 1 GENERAL PROVISIONS
SECTION 5-1 GENERAL AUTHORITY
The GOVERNMENT, except as limited by this CHARTER or general
law or special act of the General Assembly, may create new
committees, agencies, boards, commissions, and authorities and
may abolish or modify any existing committees, agencies, boards,
commissions, and authorities.
SECTION 5-2
STATUTORY
Committees, agencies, boards, commissions, and authorities,
however, denominated, heretofore created pursuant to authority of
general law or special acts of the General Assembly, are
continued.
SECTION 5-3
DISCRETIONARY
.
Committees, agencies, boards, commissions, and authorities,
however denominated, not specifically authorized by general law
or special acts of the General Assembly, shall be abolished one
year after the date the members of the initial Board of
Commissioners take office unless the GOVERNMENT has taken prior
action to extend or modify them.
SECTION 5-4
5-6
RESERVED
.
17
.J.
.
.
.
CHAPTER 6 FINANCE
ARTICLE 1 BUDGETING AND SERVICE DISTRICTS
SECTION 6-1 APPLICATION OF GENERAL LAW
The GOVERNMENT is subj ect to the Local Government Finance
Act, Chapter 159 of the General Statutes of North Carolina.
SECTION 6-2 DISTRICTS ESTABLISHED
The General Service District extends throughout New Hanover
County. The Board of Commissioners may def ine, extend,
consolidate and modify Urban Service Districts under procedures
of general law. It is the intent of this CHARTER that the Board
of Commissioners will define as Urban Service Districts the total
area immediately before the effective date of this CHARTER of the
city of Wilmington and the total area immediately before the
effective date of this CHARTER of the Rural Fire District.
SECTION 6-3 PREPARATION OF BUDGET
a. The Manager is responsible for preparing the annual
budget as provided in general law, except that he shall prepare
the budget in separate parts: one for the General Services
District, and one for each Urban Services District.
b. The cost of providing each service, function .or activity
shall be allocated (1) to the part of the budget corresponding to
the district in which the service, function or activity is to be
provided or (2) in proportion to the extent to which each is to
be provided in the event some service, function or activity is to
be provided to a greater extent in an urban service district than
county-wide.
18
.
.
.
c. Each urban service district is responsible for the
financing of its appropriate share of debt service on all bonds
issued by the GOVERNMENT and used to finance capital facilities
associated with providing or maintaining services, facilities and
functions for the urban service district in addition to or to a
greater extent than those provided or maintained for the entire
county.
d. Urban service district expenses shall be paid from
special taxes levied within each urban service district or from
other revenues allocated to each urban service district.
e. The Board of Commissioners shall schedule and hold
public hearings on the proposed budgets submitted to it. Notice
of the date fixed for the beginning of such public hearings shall
be published once a week for two successive calendar weeks in a
newspaper having general circulation in New Hanover County. The
notice shall be published the first time not less than 14 days
before the date fixed for the beginning of such public hearings.
This section is intended to modify Section 159-17 of the North
Carolina General Statutes.
SECTION 6-4
6-6
RESERVED
SECTION 6-7
GENERAL AUTHORITY TO LEVY TAXES AND
IMPOSE CHARGES
The GOVERNMENT shall have the full power and authority to
levy and collect any tax, fee or charge authorized by this
CHARTER, local act or the general laws of the State for cities or
counties, subject to any limitations imposed by this CHARTER or
Chapter 160B of the North Carolina General Statutes, the
Consolidated City-County Act of 1973, as amended.
19
~:.
.
RR
4It SECTION 6-8 PROPERTY TAX ADMINISTRATION
Property in New Hanover County shall be listed, appraised,
and assessed and taxes on property shall be levied and collected
as provided by general law for counties, except as otherwise
provided in this CHARTER and Chapter 160B of the North Carolina
General Statutes.
.
SECTION 6-9
SECTION 6-12
6-11
RESERVED
AUTHORITY TO ISSUE BONDS
The GOVERNMENT may issue general obligation or revenue bonds
for any purpose for which either county or municipal governments
. in North Carolina are authorized to issue general obligation or
revenue bonds under the general laws of the State.
CHAPTER 7 EMPLOYMENT AND BENEFITS
ARTICLE 1 PERSONNEL SYSTEM
SECTION 7-1 AUTHORIZED
The Board of Commissioners shall establish by ordinance a
system of personnel administration. Except as otherwise provided
by law and this CHARTER, the GOVERNMENT Manager shall appoint
officers and employees not elected by the people. in accordance
wi th such general personnel rules, regulations, policies, or
ordinances as the Board of Commissioners may adopt.
SECTION 7-2
COVERAGE OF SYSTEM
The personnel system shall cover all officers and employees
of the GOVERNMENT except:
a. Elected officials.
. b. Employees of the New Hanover County Board of Education.
20
c. Employees of any agency, board, commission and authority
4It authorized to appoint its own chief administrative officer except
as otherwise provided in this CHARTER or general law.
d. Employees of the Sheriff except as provided by ordinance
adopted in accordance with Article 2, and Register of Deeds where
covered in personnel matters under the provisions of general law.
e. Employees subject to state or federal civil service
regulations and procedures, to the extent that such regulations
and procedures are inconsistent with the GOVERNMENT.
SECTION 7-3
PENSION SYSTEM
,
A pension system shall be available to employees of the
GOVERNMENT.
SECTION 7-4
7-7
RESERVED
.
ARTICLE 2
CIVIL SERVICE COMMISSION
SECTION 7-8
ESTABLISHMENT
There is created a Civil Service Commission consisting of
seven (7) members. Each member must be a citizen and resident of
the GOVERNMENT. No member shall be an officer or employee of the
GOVERNMENT, or be a member of the immediate family of an employee
of the GOVERNMENT or a former officer or employee of the
GOVERNMENT.
The Board of Commissioners by ordinance shall
prescribe the method of appointment, term of office, and
procedures for filling vacancies for members of the Civil Service
commission.
SECTION 7-9
JURISDICTION
a. The Commission shall have jurisdiction over permanent
. employees of the Police Department who are clothed with the full
21
I .
.
.
.
,
power of arrest and have the primary duty of enforcing the
criminal laws of the city and state, excluding the Chief of
police and those employees whose primary responsibility is that
of issuing parking tickets or collecting fees.
b. The Commission shall have jurisdiction over permanent
employees of the Fire Department whose primary function is that
of protecting life and property through fire fighting, including
those fire officers assigned to supporting services of the Fire
Department, except for the Fire Chief.
c. The Board of Commissioners by ordinance may specify
other classes of employees under the jurisdiction of the civil
Service Commission.
SECTION 7-10 PROBATIONARY EMPLOYEES
Employees of the police and Fire Departments may be hired on
a probationary basis for a period not to exceed eighteen (18)
months. During this period, the Chief of the applicable
department may dismiss after notifying the GOVERNMENT Manager.
Unless dismissed prior to the end of the probationary period, an
employee shall become a permanent employee with all rights and
privileges contained in this article.
SECTION 7-11 DEMOTION AND DISMISSAL OF EMPLOYEES
Permanent employees under the jurisdiction of the Civil
Service Commission may be demoted or dismissed only for cause and
with an opportunity to be heard in his or her own defense. The
Board of commissioners retains the authority to demote or
terminate positions because of a lack of work or conditions
beyond the control of the GOVERNMENT. Nothing in this article
22
.
.
.
shall be so construed as to deprive the Board of Commissioners of
its control over the finances of the GOVERNMENT.
SECTION 7-12 POWERS AND DUTIES
The Civil Service Commission shall hear and decide appeals
by permanent employees under the jurisdiction of the Commission
concerning demotions or dismissals from emploYment with the
GOVERNMENT. The Commission shall have the right and power to
compel, by subpoena, attendance, testimony of witnesses or for
production of evidence and the Commission may apply to a court of
competent jurisdiction for an order requiring that its order be
obeyed. Appeals shall be taken within times prescribed by the
Commission by general rule by filing with the Commission a notice
of appeal, specifying the grounds thereof. The Commission shall
fix a reasonable time for the hearing of the appeal, give due
notice thereof to the parties, and decide it within a reasonable
time. The Commission may affirm the demotion or dismissal of an
employee or take any other appropriate action upon finding the
employee has violated a rule or regulation applicable to the
employee. If the Commission determines that the employee has not
violated a rule or regulation, the Commission shall reinstate the
employee to his or her former position with appropriate back pay.
Every decision of the Commission shall be subject to review
by the Superior Court of New Hanover County by proceedings in the
nature of certiorari. Any petition for review by the Superior
Court shall be filed with the Clerk of Superior Court within ten
(10) days after the decision of the Commission is filed in the
office of the Secretary of the Commission, or after a written
23
.
.
.
.
copy thereof is delivered to every aggrieved party who has filed
a written request for such copy with the secretary or chairman of
the Commission at the time of its hearing of the case, whichever
is later. The decision of the commission may be delivered to the
aggrieved party either by personal service or by registered mail
or certified mail return receipt requested. In accordance with
the writ of the Court, the secretary of the Civi.l Service
commission shall transmit to the Superior Court a complete
transcript of all papers and proceedings concerning the order or
decree or action of the civil Service commission appealed from.
SECTION 7-13 OTHER PERSONNEL POLICIES
Unless specifically excepted by ordinance, all other
ordinances and policies affecting the employees of the GOVERNMENT
shall apply to employees under the jurisdiction of the Civil
Service Commission.
24
, '
. ~
CHAPTER 8
CONTINUATION AND TRANSITION
.
ARTICLE 1
SECTION 8-1
CONTINUATION
CONTINUATION OF ORDINANCES AND
REGULATIONS
Ordinances and resolutions of the City of Wilmington and New
Hanover County that are in force immediately before the effective
date of the GOVERNMENT and that are not inconsistent with this
CHARTER continue in full force and effect wi thin the area in
which they applied. They become ordinances and resolutions of
the GOVERNMENT and shall continue in force until repealed or
amended by the Board of Commissioners.
Orders, rules and
regulations made by any officer, agency, board, commission or
authority of the City of Wilmington and New Hanover County that
are in force immediately before the effective date of the
. GOVERNMENT and that are not inconsistent with this CHARTER also
continue in force wi thin the area in which they applied until
repealed or amended by the appropriate officer, agency, board,
commission or authority of the GOVERNMENT.
SECTION 8-2
CONTINUATION OF HEARINGS AND PROCEEDINGS
Petitions, hearings and other proceedings pending before any
officer, office, department, agency, board, commission or
authority of the City of Wilmington or New Hanover County
continue and remain in full force and effect, even if the
officer, office, department, agency, board,
commission or
authority has been abolished or consolidated by this CHARTER.
The petition, hearing or proceeding shall be completed by the
officer, office, department,
agency, board, commission or
. authority of the GOVERNMENT that succeeds to the powers, duties,
25
r ... ..
~
.
.
.
and
immunities
the
abolished or
of
rights, privileges
consolidated agency.
SECTION_8-3 TRANSFER OF ASSETS AND LIABILITIES
On the effective date of the GOVERNMENT:
a. Property, real and personal and mixed, belonging to the
city of Wilmington and New Hanover County vests in, belongs to
and is the property of the GOVERNMENT.
b. Judgments, liens,. rights of liens and causes of action of
any nature in favor of any of the governments listed in
subsection (a) vest in and remain and inure to the benefit of the
GOVERNMENT.
c. Rentals, taxes, assessments and any other funds, charges
or fees owing to any of the governments listed in subsection (a)
are owed to and may be collected by the GOVERNMENT.
d. Any action, suit, or proceeding pending against, or
having been instituted by, any of the governments listed in
subsection (a) shall not be abated by this CHARTER or by
consolidation, but shall be continued and completed in the same
manner as if consolidation had not occurred. The GOVERNMENT
shall be a party to these actions, suits and proceedings in the
place and stead of the merging government and shall payor cause
to be paid any judgment rendered against that government in. any
of these actions, suits or proceedings. No new process need be
served in any of the actions, suits or proceedings.
e. Obligations, contracts, and agreements of the
governments listed in subsection (a), including outstanding
general obligation bonds and bond anticipation notes of the City
26
~
.
.
.
. ' ,
(J
of wilmington, are assumed by the GOVERNMENT, and all these
obligations, contracts, and agreements so assumed are constituted
obligations, contracts, and agreements of the GOVERNMENT. The
full faith and credit of the GOVERNMENT is deemed to be pledged
for the punctual paYment of the principal of and interest on all
general obligation bonds and bond anticipation notes assumed by
the GOVERNMENT pursuant to this section, and all the taxable
property within the GOVERNMENT shall be and remain subject to
taxation for these paYments. The GOVERNMENT shall comply with
any outstanding covenants previously entered into by the City of
Wilmington by which the City pledged revenues other than taxes to
the retirement of the City's general obligation indebtedness.
SECTION 8-4 CONTINUATION OF OFFICERS AND EMPLOYEES
a. On the effective date of the GOVERNMENT, officers and
employees, excluding the Mayor, Council members and Board of
Commissioner members, of the governments of New Hanover County
and the City of Wilmington become officers and employees of the
GOVERNMENT.
b. To the maximum extent possible, any necessary reductions
in the total number of positions as a result of consolidation of
the City and County shall be achieved through normal attrition.
c. Former employees of the City and County, who are
performing at an expected level or above, and who have five (5)
or more years of service will have continued emploYment with the
government. Where practical, these employees will be offered the
same position or positions consistent with their qualifications.
If these employees choose not to accept the position offered,
27
~
, ..
~
.
.
.
they shall receive five (5) days of severance pay for every year
of service, with a maximum of twenty-five weeks pay. If an
employee is placed in a position with a lower salary, the salary
reduction will be no more than 10 percent of his or her salary
prior to consolidation.
d. Employees with less than five years service may be
terminated and given severance pay calculated in the same manner
as in subsection (c) with a minimum of two (2) weeks pay.
e. The employees in appointed positions of Manager,
Attorney, and Clerk would continue service as consultants to aid
their successors for a six-month transition period after the
effective date of consolidation. Salaries for these employees
would remain the same as their salaries immediately prior to the
effective date. At the end of the transition period, these
employees shall be compensated as provided for in subsection (c)
above.
f. Employees of the consolidated government who had service
with either the City or County will retain vacation, sick leave,
health, and retirement accrued immediately prior to the effective
date.
g. Nothing in this CHARTER will supersede the provisions of
the Government Personnel Ordinance and Policies related to
performance and disciplinary problems.
SECTION 8-5 CONTINUATION OF OFFICES
Offices, departments,
commissions and authorities,
general law or special acts
committees, agencies, boards,
heretofore created pursuant to
of the General Assembly, or by
28
. ... ,. 1;
.;!
resolutions or ordinances of the City Council of Wilmington or
.
New Hanover County Board of Commissioners, or by joint
resolutions of these governing bodies are continued with the same
duties, functions and responsibilities except as expressly
provided by this CHARTER or other acts of the General Assembly.
SECTION 8-6
MEMBERS, OFFICERS AND EMPLOYEES OF
BOARDS AND AGENCIES
Except as otherwise provided in this CHARTER, the members,
officers and employees of all agencies, boards, commissions and
authorities continue as members, officers and employees of those
agencies, boards, commissions and authorities and shall continue
to perform the duties and enjoy the powers, rights, privileges
and immunities they possessed immediately prior to the effective
da te of the GOVERNMENT.
Nothing in this section impairs the
. authority of the GOVERNMENT with respect to those boards,
commissions, authorities and agencies or to any of their members,
officers or employees.
SECTION 8-7
8-10
RESERVED
ARTICLE 2
TRANSITION
SECTION 8-11
EFFECTIVE DATE
The Wilmington/New Hanover County Consolidated GOVERNMENT
shall become effective on the first Monday in June 1989, after
the acceptance by the voters of the City of Wilmington and New
Hanover County as certified by the Board of Elections and after
election of the initial Board of commissioners 0
.
29
.' r. t ~. ~
~
.
.
.
SECTION 8-12 EFFECT ON CITY AND COUNTY OFFICE HOLDERS
The Mayor, members of the Wilmington City Council and
members of the New Hanover County Board of Commissioners shall
serve until the effective date of the Consolidated GOVERNMENT.
SECTION 8-13 INITIAL GOVERNMENT ELECTIONS
Pursuant to Chapter 2 of this CHARTER, the initial election
for Mayor and membership on the Board of Commissioners shall be
held in 1988 using the election and run-off election method set
out in North Carolina General Statutes ~163-293:
a. The initial Mayor shall be elected to a term ending the
first Monday in December 1992.
b. The initial members of the Board of Commissioners shall
be elected to terms of office as follows:
1. The four (4) At-Large Commissioners with the highest
votes, shall serve a term ending the first Monday in December
1992.
2. The four (4) remaining At-Large Commissioners shall
serve a term ending the first Monday in December 1990.
After the initial term of office, the Mayor and members of
the Board of Commissioners shall be elected to four year terms.
30
, t..." ,,"
,-"
.
.
.
SECTION 8-14
TRANSITION COMMITTEE
a. There shall be a Transition Committee consisting of the
initial Board of commissioners.
b. The Transition committee shall meet within thirty (30)
days after their election by the voters, upon the call of the
Mayor elect. The Mayor elect shall serve as Chairman of the
Transition Committee.
c. The Transition Committee shall elect other necessary
officers and adopt its rules and procedures and shall be provided
a budget to pay for expenses incurred in planning for the new
governmental structure.
d. Each of the consolidating governments shall participate
in the funding of the activities of the Committee.
SECTION 8~15 INITIAL ORGANIZATIONAL MEETING
The Mayor elect and the Board of Commissioners elect shall
hold an organizational meeting on the first Monday in June 1989.
At that time, those persons shall take the oath of office and
hold the initial organizational meeting.
31
L ,..)0
*
'.
~
SECTION 8-16
TRANSITION BUDGETS AND TAX RATES
. The tax rates of the government shall be adjusted to the
levels of service provided.
SECTION 8-17 ORGANIZATIONAL TRANSITION
The Board of Commissioners shall appoint the Manager,
Attorney, Clerk to the Board, Police Chief, and Fire Chief on the
effective date of the GOVERNMENT. Department Directors shall be
appointed by the Manager.
.
.
32
t. · Ii> jt.
"
,'"
.
.
.
CHAPTER 9
CHANGES IN FORM AND STRUCTURE OF
GOVERNMENT
SECTION 9-1 AUTHORITY TO MODIFY
The voters of the GOVERNMENT may amend this CHARTER to
modify the form and structure of the GOVERNMENT with respect to
matters specified under N.C.G.S. ~160A-101.
SECTION 9-2
METHOD OF MODIFYING
Modif,ication of the form and structure of the GOVERNMENT
shall be made pursuant to the procedures set forth in Part 4 of
Article 5 of Chapter 160A of the General Statutes of North
Carolina except that no modification may become effective until
approved by the voters in a referendum. This section shall not
restrict the authority of the Board of Commissioners as otherwise
provided in this CHARTER.
33
0(. cr i~
...
~
.,.-
.
.
.
CHAPTER 10
INTENT AND SEPARABILITY
The people residing within the area of the GOVERNMENT
declare that by the adoption of this CHARTER it is their intent
to consolidate the governmental and corporate functions of the
City of Wilmington and the County of New Hanover so that the
consolidating governments may be operated as one governmental
entity in the interest of efficient, economical, responsive and
responsible democratic government. This CHARTER shall continue
in full force and effect even if any of its severable provisions
not essential to this objective is held unconstitutional or void,
and each provision of this CHARTER is severable from each other
provision.
Section 2. This act shall not be deemed to repeal, modify,
or in any manner affect any validating laws applying to the.
County of New Hanover or to the City of Wilmington. As used in
this section, the term "validating laws" means laws ratifying,
confirming,
approving
validating
official
proceedings
or
(including special assessment and annexation proceedings) ,
actions (including acquisitions and disposals of property or
interests therein), contracts, bonds, or obligations of any kind.
Section 3. No provision of this act is intended, nor shall
any be construed, to affect in any way any right or interest:
(a) now vested or
accrued, in whole or in part, the
validity of which might be sustained or preserved by
reference to any provision of law repealed by this act; or
(b) derived from, or which might be sustained or preserved
34
I <<. ~~".~
"\
"'v..'
.
.
.
.
r
.
in reliance upon, action heretofore taken (including the
adoption of ordinance or resolutions) pursuant to or within
the scope of any provision of law repealed by this act.
Section 4. No law repealed, expressly or by implication,
before the effective date of this 'act, is revived by:
(a) the repeal in this act of any act repealing that law,
or
(b) any provision of this act that disclaims an intention
to repeal or affect enumerated laws.
section 5. All laws and clauses of laws in conflict with
the provisions of this act are repealed.
Section 60 This act shall become effective only if approved
by the voters of the City of Wilmington and New Hanover County in
a referendum to be held on October 6, 1987. To be approved, the
act must receive the votes of a majority of the voters of the
City of Wilmington and a majority of all of the voters of New
Hanover County voting in the referendum. The form of the ballot
shall be substantially the same form as provided in G.S.153A-405.
35