GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 873
     

 
Short Title:	Durham Charter Provisions.	()	
Sponsors:	Representatives Michaux;  Luebke and Weiss.	
Referred to:	Local Government I.	
March 29, 2001

A BILL TO BE ENTITLED
AN ACT repealing obsolete or redundant sections of the charter of the city of durham.

The General Assembly of North Carolina enacts:
SECTION 1.  The following sections of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, as amended, are repealed:

Section 2.5.	Use of Property Lines as Annexation Boundaries.
Section 13.1.	Council to Judge Elections.
Section 23.	Authority of City Manager.
Section 24.	Special Police.
Section 28.	Political Campaign Activity Prohibited.
Section 29.	Director of Public Safety.
Section 33.	Protection of the Public Water Supply.
Section 41.	Fiscal Year and Annual Estimate.
Section 42.	Revenue.
Section 46.	Authority to Impose.
Section 48.	License Not Transferable.
Section 50.	Investigation of City Affairs.
Section 53.	Opening Under the Streets; Obstructions.
Section 58.	Regulation of the Use of Public Property.
Section 59.	Suppression of Nuisances.
Section 61.	Sunday Observance.
Section 62.	Regulation of Amusements.
Section 64.	Regulation of Bondsmen.
Section 65.	Protection of Businesses from Fraud.
Section 66.	Licensing of Plumbers and Electricians.
Section 83.	Public Buildings.
Section 84.	Public Contracts.
Section 98.	Dedication or Reservation of Recreation Areas.
Section 99.	Building Inspections.
Section 103.	Regulation of Parks and Squares.
Section 104.	Public Concerts.
Section 106.	Appropriations for Recreational, Scientific and Cultural Activities.
Section 107.	Advertisement of the City.
Section 108.	Encouraging Location of Industry.
Section 109.	City Ice Plant.
Section 110.	City Rock Quarry.
Section 113.	Authority to Waive Governmental Immunity.
Section 117.	Penalty for Failure to Turn Over City Property.
SECTION 2.  Section 7 of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, as amended, reads as rewritten:
"Sec. 7. Oaths of Office.–The Mayor and each Council member, before entering upon the duties of the office to which they have been elected, shall take before some officer authorized to administer oaths an oath that they will fairly and impartially perform the duties of their office. "
SECTION 3.  Section 8 of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, as amended, reads as rewritten:
"Sec. 8. Powers of the City Council.–The City Council shall have full power and authority, except as otherwise provided for in this Charter, to exercise all of the powers conferred upon and delegated to the City of Durham by this Charter and by the laws of North Carolina. The City Council shall have power to make such ordinances, rules and regulations as it may deem necessary for the proper government of the City and to promote and safeguard the health, morals, safety and general welfare and convenience of the public. The City Council may provide for the proper enforcement of such ordinances, in such manner as it may think best, by fine, imprisonment or otherwise. The City Council may provide for the organization of the offices, departments and divisions of City government, not inconsistent with this Charter:  By way of example and not limitation, the City Council, in performing the duties and responsibilities set forth in G.S. 160A‑412, may assign all or part of the duties of an inspection department to an existing or newly created department, division or office of the City, may assign all or some of the personnel appointed pursuant to G.S. 160A‑411 to an existing or newly created department, division or office of the City and may designate the job titles and duties of the personnel so assigned.
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SECTION 4.  Section 30 of the Charter of the City of Durham, being Chapter 671 of the 1975 Session Laws, reads as rewritten:
"Sec. 30. Authority to Operate Waterworks The City Council, and all persons acting under their authority, shall have the right to use the ground or soil, in, or upon, or under any road, railroad, highway, lane or alley for the purpose of enlarging or improving or maintaining the plant or system of waterworks owned by the City, upon the condition that they shall not permanently injure any such property, and that the same shall be restored to its original condition, or damages done thereto shall be repaired by the City Council."
SECTION 5.  Section 1 of S.L. 1998‑50 reads as rewritten:
"				(a) In addition to the authority provided in G.S. 160A-314, where housing units qualify under city ordinances for roll out cart solid waste collection service and the housing units instead choose to be served by stationary containers in accordance with city ordinances, a city may provide stationary container collection service without charging fees for such service other than the fees applicable to roll out cart service.
 (b)	Nothing in this section shall be construed to impair the authority of a city to charge customers who do not qualify for service under subsection  (a) of this section the fees established by city ordinances for stationary container collection service.
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SECTION 6.  This act is effective when it becomes law.