ARTICLE 1.1
THE CHARTER OF THE TOWN OF HOLLY RIDGE.
INCOPORATION, CORPORATE POWERS AND BOUNDARIES.
SECTION 1. CHARTER
“Section 1.1 Incorporation
The Town Of Holly Ridge, North Carolina in the county of Onslow, and the inhabitants thereof, shall continue to be a
municipal body politic and corporate, under the name and style of the “ Town Of Holly Ridge”, hereinafter at times
referred to as the ‘town’.
“Section 2.2 Powers.
The Town of Holly Ridge shall have and may exercise all of the powers, duties, rights, privileges, and immunities, which
are now, or hereafter may be conferred, either expressly or by implication, upon the Town of Holly Ridge specifically,
or upon municipal corporations generally, by this charter, by the state Constitution, or by general or local law.
“Section 1.3 Corporate Limits.
The corporate limits of the town of Holly Ridge shall be those existing at the time of ratification of this charter, as the
same are set fourth in the original charter and local acts amending same, an on the official map of the Town, as the
same may be altered from time to time in accordance with the law. An official map of the town, showing the current
town boundaries, shall be maintained permanently in the office of the Town Clerk, and shall be available for public
inspection. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the
official map of the Town shall be made.
SECTION II. MAYOR AND TOWN COUNCIL
“Section 2.1 Governing Body.
The Mayor and Town Council, elected and constituted as herein set fourth, shall be the governing body of the town.
On behalf of the Town, and in conformity with applicable laws, the Mayor and Council may provide for the exercise of
all municipal powers, and shall be charged with the general government of the Town.
“Section 2.2 Town Council; composition, and terms of office.
The Town Council shall be composed of five members, each of whom shall be elected for terms of two years in the
manner provided by Article III of this Charter, provided they shall serve until their successors are elected and qualified.
“Section 2.3 Selection of the Mayor: Term Of Office
The Mayor shall be elected directly by the voters of the town in the manner provided by Article III of this charter, for a
term of two years; provided the Mayor shall serve until his successor is elected and qualified.
“Section 2.4 Mayor Pro Tempore.
In accordance with applicable State laws, the Town Council shall appoint one of its members to act as Mayor Pro
Tempore to perform the duties if the Mayor in the Mayor’s absence or disability. The Mayor Pro Tempore as such shall
have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the board.
“Section 2.5 Meetings of the Council
In accordance with the General Statues, the Town Council shall establish a suitable time and place for its regular
meetings. Special meetings may be held according to the applicable provisions of the General Statues.
“Section 2.6. Ordinances and resolutions.
The adoption, amendment, repeal, pleading, or proving of Town ordinances and resolutions shall be in accordance
with the applicable provisions of the general laws of North Carolina not inconsistent with this charter. The ayes and
nays shall be taken upon all ordinances and resolutions and entered upon the minutes of the council. The enacting
clause of all Town ordinances shall be: ‘Be it ordained by the Town Council of the Town of Holly Ridge.’
“Section 2.7. Voting Requirements ; Quorum
Official action of the Town Council shall, unless otherwise provided by law, be by majority vote, provided that a
quorum, consisting of a majority of the actual membership of the board, is present. Vacant seats are to be subtracted
from the normal Council membership to determine the actual membership.
“2.8. Qualifications for Office; Vacancies; Compensation.
The compensation of Council members, the filing of vacancies for any elective office, and the qualifications of Council
members shall be in accordance with applicable provisions of the General Statues.
SECTION III. Elections
“Section 3.1. Regular Municipal Elections; Conduct and Method of Election
Regular municipal elections shall be held in the Town every two years in odd numbered years and shall be conducted
in accordance with the uniform municipal election laws of North Carolina. The Mayor and members of the Town Council
shall be elected according to the non-partisan plurality method of elections as set fourth in G.S. 163-279(a) (1) and
the applicable provisions of Articles 23 and 24 of chapter 163 of the General Statues.
“Section 3.2. Election of the Mayor and Town Council
At the regular municipal elections in 1979 and biennially thereafter, there shall be elected a Mayor and Five Council
members to fill the seats of those officers whose terms are then expiring.
SECTION IV. ORGANIZATION AND ADMINISTRATION.
“Section 4.1. Form of Government
The town shall operate under the Council- Manager form of government, in accordance with Part 3 of Article 7 of
Chapter 160A of the General Statues.
“Section 4.2. Town Attorney
The Town Council shall appoint a town attorney who shall be licensed to engage in the practice of law in the state of
North Carolina. It shall be the duty of the town attorney to prosecute and defend suits against the Town; to advise the
Mayor, Town Council and other Town officials with respect to the affairs of the Town; to draft all legal documents
relating to the affairs of the Town; to inspect and pass upon all agreements, contracts, franchises and other
instruments with which the Town may be concerned; to attend meetings of the Town Council; and to perform other
duties required by law or as the Town Council may direct.
“Section 4.3. Town Clerk
The Town Council shall appoint a town clerk to keep a journal of the proceedings of the council, to maintain in a safe
place all records and documents pertaining to the affairs of the Town, and to perform other duties as required by law
or as the Town Council may direct.
“Section 4.4. Town Finance Officer
The Town Council shall appoint a Town Finance officer to perform the duties of the budget officer as required by the
Local Government Finance Act, N.C.G.S. 159-24.
“Section 4.5. Town Budget Officer.
The Town Council shall appoint a Town Budget Officer to perform the duties of the budget officer as required by the
Local Government Finance Act, N.C.G.S. 159-9.
“Section 4.6. Town Tax Collector.
The Town Council shall appoint a Town Tax collector to collect all taxes, licenses, fees, and other monies belonging to
the town, subject to the General Statues, the provisions of this charter and the ordinances of the Town. The Town tax
collector shall diligently comply with and enforce all the laws of North Carolina relating to the collection of taxes by
municipalities, N.C.G.S. 105-349
“Section 4.7. Consolidation of Functions
The Town Council may consolidate any two or more positions of Town Clerk, Town Tax Collector, Town Budget Officer
and Town Finance Officer, or may assign the functions of any one or more of these positions to the holder or holders
of any other of these positions, subject to the Local Government Finance Act, N.C.G.S. et. Seq.
“Section 4.8. Other Administrative Officers and Employees
Consistent with applicable State laws, the Town Council may establish positions, provide for the appointment of other
administrative officers and employees, and generally organize the Town government in order to promote the orderly
and efficient administration of the affairs of the Town.
Sections 4.9 through 4.15 (Reserved)
SECTION V. Special Provisions
Section 5.1. Street Improvements; assessment of costs.
In addition to any authority which is now or may hereafter be granted by general law to the Town for making street
improvements, the Town Council is hereby authorized to make street improvements and to assess the cost thereof
against abutting property owners in accordance with the provisions of Sections 5.1 through 5.6 herein.
Section 5.2 When Petition Unnecessary.
The Town Council may order street improvements and assess the cost thereof against the abutting property owners,
exclusive of the costs incurred at street intersections, according to one or more of the assessment bases set fourth in
Article 10 of Chapter 160A of the North Carolina General Statues, without the necessity of a petition, upon the finding
by the board as a fact:
(a) that the street improvement project does not exceed 1,200 linear feet, and
(b) that such street or part thereof is unsafe for vehicular traffic, and it is in the public interest to make such
improvement, or
( c) that it is in the public interest to connect two streets, or portions of a street already improved, or
(d) that it is in the public interest to widen a street, or part thereof which is already improved; provided, that
assessments for widening any street or portion of street without a petition shall be limited to the cost of widening and
otherwise improving such street in accordance with the street improvement standards established by the town’s street
plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.
Section 5.3. Street Improvement Defined.
For the purposes of this Article, the term “street improvement” shall include grading, regarding, surfacing, resurfacing,
widening, paving, repaving, the acquisition of right-of-way, and the construction or reconstruction of curbs, gutters,
and street drainage facilities.
Section 5.4. Sidewalks; assessment of costs.
In addition to any authority which is now or may hereafter be granted by general law to the town for making sidewalk
improvements, the Town Council is hereby authorized, without the necessity of a petition, to make or to order to be
made sidewalk improvements or repairs according to standards and specifications of the town, and to assess the total
cost thereof against abutting property owners, according to one or more of the assessment basis or base employed,
the Town Council may order the cost of sidewalk improvements made only on one side of a street to be assessed
against property owners abutting both sides of such street.
Section 5.5. Assessment procedure
In ordering street and sidewalk improvements without a petition and assessing the cost thereof under authority of this
Article, the Town Council shall comply with the procedure provided by Article 10, Chapter 160A of the General
Statues, except those provisions relating to the petition of property owners and the sufficiency thereof.
Section 5.6. Effect of Assessments
The effect of the act of levying assessments under the authority of this Article shall for all purposes be the same as if
the assessments were levied under authority of Article 10 of Chapter 160A of the General Statues.”
Section 5.7 through 5.15 (Reserved)
Section 2.
The purpose of this act is to revise the Charter of the Town of Holly Ridge and to consolidate herein certain acts
concerning the property, affairs, and government of the Town. It is intended to continue without interruption those
provisions of prior acts which are consolidated into this act, so that all rights and liabilities that have accrued are
preserved and may be enforced.
Section 3.
This act shall not be deemed to repeal, modify or in any manner affect any of the following acts, portions of acts, or
amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set fourth herein:
(a) any acts concerning the property, affairs, or government of public schools in the town of Holly Ridge;
(b) any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of
any kind.
Section 4.
No provisions of this act is intended, nor shall be construed, to affect in any way rights of interest (weather public or
private)
(a) now vested or accrued, in whole or part, the validity of which might be sustained or preserved by reference to any
provisions of law repealed by this act;
(b) derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or
within the scope of any provisions of law repealed by this act.
Section 5.
No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall
be revived by:
(a) the repeal herein of any repealing such law, or
(b) any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.
Section 6.
(a) all existing ordinances and resolutions of the Town of Holly Ridge and all existing rules or regulations of
departments or agencies of the Town of Holly Ridge not inconsistent with the provisions of this act, shall continue in
full force and effect until repealed, modified or amended.
(b) No action or proceeding of any nature (weather civil or criminal, judicial or administrative, or otherwise) pending at
the effective date of this act by or against the Town of Holly Ridge or any of its departments or agencies shall be
abated or otherwise affected by the adoption of this act.
Section 7.
If any of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of this act which can be given effect without the invalid provision or application, and to
this end the provisions of this act are declared to be severable.
Section 8.
Whenever a reference is made in this act to a particular provision of the General Statues, and such provision is later
amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statue,
or to the General Statue which most clearly corresponds to the statutory provision which is repealed or superseded.
Section 9.
All laws and clauses of laws in conflict with the provision of this Act are hereby repealed.
Section 10.
This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 27th day of February 1979.
Prepared By: Erwin & Erwin, Attorneys
PO BOX 7206
Jacksonville, NC 28540
NORTH CAROLINA
ONSLOW COUNTY
AN ORDINANCE TO AMEND THE CHARTER OF THE TOWN OF HOLLY RIDGE, NORTH CAROLINA TO ADOPT THE
COUNCIL- MANAGER FORM OF GOVERNMENT.
BE IT ORDAINED, by the Board of Commissioners of the Town of Holly Ridge, North Carolina:
Section 1: Pursuant to G.S. 160A-101 and 160A-102, the Charter of the Town of Holly Ridge, North Carolina as set
fourth in Chapter 86 of the 1979 Session Laws of North Carolina is hereby amended to provide that the Town of Holly
Ridge, North Carolina shall operate under the Council- Manager form of government in accordance with the N.C.G.S.
160a-147 et. Seq. and any charter provisions not in conflict therewith.
Section 2: Subject to any referendum petitioned for and conducted pursuant to G.S. 160A-103, this ordinance shall
be in full force and effect from and after the day of October 17, 1986.
This ordinance unanimously adopted this 2nd day of September, 1986.
This ordinance is effective upon adoption.
ARTICLE 1-2: PENALTY FOR VIOLATION OF CODE ORDINANCES
SECTION 1. PENALTY FOR VIOLATION OF CODE OF ORDINANCES
(a) Unless otherwise specifically provided, violation of any provision of the code or any other Town ordinance shall
subject the offender to the remedies hereinafter provided except that where the North Carolina General Statues
provide specific civil remedies for violations of provisions of the code adopted pursuant to such statues, such
remedies available to the Town for enforcement of this code shall be in addition to the remedies hereinafter stated;
and provided further that no criminal penalties shall be applicable unless specifically stated in the applicable section of
the Code.
(b) Any person who violates any section of the code shall be guilty of a class 3 misdemeanor and shall be punished by
a fine of not more than ($500.00) or by imprisonment as set out in N.C.G.S. sec. 14-4, provided that the Town may
elect to treat such violation as a civil infraction and proceed with imposition of a civil penalty or pursue other civil action
as provided in this Article.
(c ) In addition to any civil or criminal penalties set out in this section, elsewhere in the code or by any other applicable
law, any provision of this code or any other Town ordinance may be enforced by an appropriate equitable remedy
issuing from issuing from a court of competent jurisdiction. In such case, the General Court of Justice shall have
jurisdiction to issue such orders as may be appropriate, and it shall not be a defense to the application of the Town for
equitable relief that there is an adequate remedy at law.
(d) In addition to any civil or criminal penalties set out in this section, elsewhere in the Code or by any other applicable
law that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and
order of abatement and the General Court of Justice shall have jurisdiction to issue such orders. When a violation of
such a provision occurs, the Town may apply to the appropriate division of the General Court of Justice for a
mandatory or prohibitory injection and order of abatement commanding the defendant to correct the unlawful condition
upon or cease the unlawful use of the property. Such order of abatement may direct that;
(1) buildings or other structures on the property be closed, demolished or removed;
(2) fixtures furniture or other movable property be removed from the property;
(3) grass and weeds be cut;
(4) improvements or repairs be made; or
(5) any other action be taken that is necessary to bring the property into compliance with this Code or such other law.
If the offender fails or refused to comply with an injunction or with an order of abatement within the time allowed by
the court, the Town may at its sole option, execute the order of abatement and in such event, the Town shall be
entitled to all remedies set out in N.C.G.S. sec. 106A-175, including without limitation the imposition of a lien upon the
subject property.
(e) The provisions of this Code and any other Town ordinances may be enforced by one, all of any combination of the
remedies authorized and prescribed by this Article.
(f) Except as specifically provided otherwise, each day’s continuing violation shall be a separate and distinct offense.
(g) Each department supervisor of the Town shall have the authority to issue citations for civil infractions. All other
Town employees shall have such authority to issue citations for civil infractions as their respective department heads
shall set out by written policy, which may be changed from time to time in the department head’s discretion or as
required by Council.
(h) Civil infraction citations shall be prepared on a form prescribed by the Town Attorney. Civil infraction citations shall
set out at least the following:
1. The name and address of the offender and such other identifying information as may be available to the issuing
official.
2. The nature of the violation and section of the code violated.
3. The date and location of the violation.
4. An order to immediately cease the violation (if applicable), or if the violation is in the nature of an offense for
which an order of abatement would be appropriate, a statement of a reasonable time within which the violation must be
abated.
5. The name and title of the issuing official.
6. A statement (if applicable) that the violation for which the civil infraction citation is issued must be corrected by
the deadline for paying the civil penalty imposed therein and that failure of the offender to correct the violation may
result in the issuance of additional civil infraction citations.
7. The amount of the civil penalty, which shall be fifty dollars ($50.00) and instructions to the offender to pay the
penalty either in person to the Town Clerk or the Finance Clerk at Town Hall, or alternatively by first class mail
addressed to Town Hall such that the payment arrives at Town Hall within fifteen (15) day after issuance of the civil
infraction citation. All payments shall be in cash or cash equivalent (e.g. money order or official bank check).
8. A statement of the issuing/serving official(s) of the date, time, and location issued and the date, time, location,
and method of service upon the offender.
Civil infraction citations and other legal process may be issued for each day the offense continues until the action
required of the offender is corrected.
(I) The Town Manager is hereby declared to be the Town’s Code Enforcement Officer.
(j) In any case in which the civil infraction citation is issued by any Town official other than the Town Manager, the
offender shall have the right to appeal the civil infraction citation to Town Manager. In the case of a civil infraction
citation issued by the Town Manager. In the case of a civil infraction citation issued by the Town Manager, whether in
his capacity as Town Manager or as code Enforcement Officer, the offender shall have the right to appeal to the board
of Adjustment.
(k) Notwithstanding subsection (b) above, any motor vehicle violation of this code that would be an infraction pursuant
to N.C.G.S. Ch. 20 if it occurred on a street, highway or public vehicular area under the jurisdiction of the State of
North Carolina shall also be a civil infraction pursuant to this Code.
(l) Nothing herein may be interpreted or construed as contravening any law of the State of North Carolina.
Section 2. This ordinance shall become effective upon passage.
Section 3. The provisions of this amendment may be renumbered as necessary to maintain consistency with other
provisions of the Code.
Section 4. All other code provisions inconsistent with this ordinance are hereby repealed.
ARTICLE 1-3: ADMINISTRATIVE DUTIES
Section 1. REGULAR MEETINGS.
The regular meetings of the Mayor and the Town Council of the Town of Holly Ridge shall be held on the second
Tuesday of each month, at seven-thirty o’ clock P.M., at the Town Hall unless otherwise designated by the board.
Section 2. SPECIAL MEETINGS. *amendment
Special meetings of the Council may be held in accordance with North Carolina General Statues 143-318.9
through 143-318.18 and may be called by the Mayor; any two members of the Town Council. *amended 3-12-02
Section 3. QUORUM.
A majority of the members of the Town Council shall constitute a quorum and no official business of the Town shall
be transacted by the Council unless a quorum is present.
Section 4. MINUTES.
It shall be the duty of the clerk to be present at all meetings of the said Town Council, to keep in a book provided
for that purpose a record of all the proceedings of the Council.
Section 5. MAYOR TO PRESIDE.
The mayor shall preside at all meetings of the Council and in his absence the Mayor Pro Tempore shall preside.
Section 6. MAYOR NOT TO VOTE.
Section 7. COMMITTEES.
The Mayor and Council may create such committees of the Council for special purposes as the deem best.
Section 2. SPECIAL MEETINGS.
Special meetings of the Council may be held in accordance with NCGS 143-318.9 through 143-318 and may be
called by the Mayor; Mayor Pro- Tem; any two members of the Town Council. Amended March 12, 2002 at the
Regularly Scheduled Town Council Meeting. ( Ref: Minute Book #14 & Resolutions)
ARTICLE 1-4: ORDINANCE REGULATIONS
Section 1. EFFECTIVE DATE.
All ordinances shall be effective after the ratification thereof except ordinances specifying some other effective
date or ordinances required by state law to be effective only after having met specific date requirements.
Section 2. ORDINANCES CONFINED TO ONE SUBJECT.
All ordinances shall be confined to one subject except appropriation ordinances which shall be confined to one
subject of appropriations only.
Section 3. OFFICIAL COPY.
A true copy of an ordinance, which has been duly enacted by the Council, signed by the Mayor, and attested to by
the Clerk, shall be known as an official copy of any ordinance for the Town. All ordinances or a true copy thereof shall
be inserted in this code in the proper article.
Section 4. ORDINANCES APPROPRIATING MONEY.
No appropriation ordinance or an ordinance to alter or repeal an appropriation ordinance shall be enacted at any
meeting other than a regular meeting except by unanimous vote of the entire Council.
ARTICLE 1-5 OFFICERS AND EMPLOYEES
Section 1. DUTIES OF MAYOR.
The powers and duties of the Mayor shall be such as are conferred upon him by law, together with such other
powers and duties as may be conferred upon him by the council pursuant to law. The mayor shall be recognized as
the official head of the city for the purpose of service of civil process, and for all ceremonial purposes. NCGS 160A-67
Section 2. Duties of Mayor Pro-Tempore
At the organizational meeting, the council shall elect from among its members mayor pro tempore to serve at the
pleasure of the council. A councilman serving a mayor pro tempore shall be entitled to on all matters and shall be
considered councilman for all purposes, including the determination of weather a quorum is present. During the
absence of the mayor, the council may confer upon the mayor pro tempore any of the powers and duties of the mayor.
If the mayor should become physically or mentally incapable of performing the duties of his office, the council may by
unanimous vote declare that he is incapacitated and confer any of his powers and duties on the mayor pro tempore.
Upon the mayor’s declaration that he is no longer incapacitated, and with the concurrence of a majority of the council,
the mayor shall resume the exercise of his powers and duties. In the event both the mayor and mayor pro tempore are
absent from a meeting, the council may elect from it’s members a temporary chairman to preside in such absent.
NCGS. 160A-70
Section 3. DUTIES OF THE TOWN COUNCIL
The government and general management of the city shall be vested in the council. NCGS. 160A-67
Section 4. DUTIES OF THE MANAGER
The manager shall be the chief administrator of the city. He shall be responsible to the Council for administering all
municipal affairs placed in his charge by them, and shall have the following powers and Duties:
(1) He shall appoint and suspend or remove all city officers and employees not elected by the people, and whose
appointment or removal is not otherwise provided for by law, except the city attorney, in accordance with such general
personnel rules, regulations, policies, or ordinances as the council may adopt.
(2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, subject to the
general direction and control of the council, except as otherwise provided by law.
(3) He shall attend all meetings of the council and recommend any measure that he deems expedient.
(4) He shall see that all laws of the State, the city charter, and the ordinances, resolutions, and regulations of the
council are faithfully executed within the city.
(5) He shall prepare and submit the annual budget and capital program to the council.
(6) He shall annually submit to the council and make available to the public a complete report on the finances and
administrative activities of the city as of the end of the fiscal year.
(7) He shall make any other reports that the council may require concerning the operations of city departments,
offices, and agencies subject to his direction and control.
(8) He shall perform any other duties that may be required or authorized by the Council NCGS. 160A-148
Section 5. ACTING MANAGER
By letter filed with the city clerk, the manager may designate, subject to the approval of the council, a qualified
person to exercise the powers and perform the duties of manager during his temporary absence or disability. During
this absence or disability, the council may revoke that designation at any time and appoint another to serve until the
manager returns or his disability ceases. Ref: NCGS. 160A-149
Section 6. INTERIM MANAGER
When the position of city manager is vacant, the council shall designate a qualified person to exercise the powers
and perform the duties of manager until the vacancy is filled. NCGS. 160A-150
Section 7. MAYOR OR COUNCILMEN INELIGIBLE TO SERVE OR ACT AS MANAGER
Neither the mayor nor nay member of the council shall be eligible for appointment as manager or acting or interim
manager. NCGS. 160A-151.
Section 8. DUTIES OF THE FINANCE OFFICER
The finance officer shall have the following powers and duties:
(1) He shall keep the accounts of the local government or public authority in accordance with generally accepted
principles of governmental accounting and the rules and regulations of the commission.
(2) He shall disburse all funds of the local government or public authority in strict compliance with this chapter, the
budget ordinance, and each project ordinance and shall pre-audit obligations and disbursements as required by this
Chapter.
(3) As often as may be requested by the governing board or the manager, he shall prepare and file with the board a
statement of the financial condition of the local government or public authority.
(4) He shall receive and deposit all monies acuring to the local government or public authority, or supervise the receipt
and deposit of money by other duly authorized officers and employees.
(5) He shall maintain all records concerning the bonded debt of the local government or public authority, determine the
amount of money that will be required for debt service during each fiscal year, and maintain all sinking funds.
(6) He shall supervise the investment of idle funds of the local governments or public authority.
(7) He shall perform such other duties as may be assigned to him by law, by the manager, budget officer, or governing
board, or by rules and regulations of the commission.
All references in other portions of the General Statues, local acts, or city charters to county, city, special district, or
public authority accountants, treasurers, or other officials performing any of the duties conferred by this section on the
finance officer shall be deemed to refer to the finance officer.
Except as otherwise provided by law, all checks or drafts on an official depository shall be signed by the finance officer
or a properly designated deputy finance officer and countersigned by another official of the local government or public
authority designated for this purpose by the governing board. If the board makes no other designation, the chairman
of the board or chief executive officer of the local government or public authority shall countersign these checks and
drafts. The governing board of a unit or authority may waive the requirements of this subsection if the board
determines that the internal control procedures of the unit or authority will be satisfactory in the absence of dual
signatures.
The local government commission has authority to issue rules and regulations having the force of law governing
procedures for the receipt. Deposit, investment, transfer, and disbursement of money and other assets by units of
local government and public authorities, may inquire into and investigate the internal control procedures of a local
government or public authority, and may require any modifications in internal control procedures which, in the opinion
of the commission, are necessary or desirable to prevent embezzlements or mishandling of public monies. NCGS
159-25.
Section 9. DUTIES OF THE CLERK
There shall be a city clerk who shall give notice of meetings of the council, keep a journal of the proceedings of the
council, be the custodian of all city records, and shall perform any other duties that may be required by law or the
council. NCGS. 160A-171.
The council may provide for a deputy city clerk who shall have the full authority to exercise and perform any of the
powers and duties of the city clerk that maybe specified by the council. NCGS. 160A-172.
Section 10. EMPLOYEES BONDS
Officers and/or employees having access to Town Funds, shall post a bond in the amount specified by the Town
Council. All bond premiums shall be paid from the town funds.
ARTICLE 1-6 FINANCE PURCHASING
Section 1. DISBURSEMENT OF FUNDS.
No money shall be distributed from the Town treasury unless the item for which the disbursement is made has
been provided for in the annual budget, except in the case of an extreme emergency, or if the Town Council makes
an amendment to the budget.
Section 2. PURCHASING
(1) Before any order is given for items to be paid by the town or any purchase made by any town employee, the
finance officer must be advised and shall issue a purchase order.
(2) Any town employee purchasing goods without a purchase order from the finance officer will be held responsible for
cost of same.
(3) Both the finance officer and the Town Manager shall approve all purchase orders before funds can be expended.
(4) The Town Council may limit the amount of purchase orders that may be approved by an employee and require
such approval through the Town Council.
ARTICLE 1-5 PROCEDURE FOR PUBLIC HEARING
BE IT ORDAINED by the Town of Holly Ridge Town Council, that the following ordinance regulating the conduct of
public hearings conducted by the Town of Holly Ridge Town Council, North Carolina, is hereby adopted pursuant to
the authority granted by the North Carolina General Statues and shall apply to all such hearings held by the Town of
Holly Ridge.
Section 1. PURPOSES:
Public hearings are held with the express intent to receive information and comments from interested citizens on the
specific project at hand. The purpose of public hearings is for a public body to hear individual comments and not for
open debate. Procedures for conducting public hearings are established in order to insure that the hearing will be
conducted in an orderly manner and that persons wishing to speak will be afforded an equal opportunity to do so. The
intent of public hearings can best be served by adhering to established procedures.
Section 2. PROCEDURES.
(1) Every person who wishes to address the Council should register at a place provided at the entrance of the room in
which the public hearing is to be held. Persons wishing to register shall provide their name, and address, in a printed
fashion.
(2) Speakers will be called from the registration list by name and in numerical order to a microphone or other set
position or place for speaking.
(3) When speakers begin their address to the Council, the speaker should state his or her name and address for the
Council.
(4) The speaker should address the Council directly as it is the Town Council which is conducting the public hearing.
Speakers should confine comments to the issue at hand.
(5) An equal time limit will apply to all speakers. A timer will be used and a buzzer or other signal will signify the end of
the allotted time. Speakers will be asked to observe the signal and be seated at the end of their allotted time. In order
to allow the maximum number of people to speak the for comment will be limited to three (3) minutes per person.
(6) Each public hearing and comments made by the Town Council and/or speakers from the public will be tape
recorded to facilitate record keeping.
(7) Individuals who sign the registration form to speak must speak when called. Registrants will not be allowed to
donate their allotted time to another speaker.
Section 3. REMOVAL FROM PUBLIC HEARING.
Any person who violates this ordinance shall be removed from the place of the public hearing.
Section 4. CONFLICTING ORDINANCES REPEALED :
All ordinances in conflict with this ordinance are repealed only to the extent necessary to give this ordinance full force
and effect.
Section 5. SEVERABILITY:
If any one or more of the terms, provisions, covenants or restrictions of this ordinance shall be determined by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and
restrictions of this ordinance shall remain in full force and effect and shall in no way be impaired or invalidated. If,
moreover, any one or more of the provisions contained in this ordinance shall for any reason be determined by a
count of competent jurisdiction to be excessively broad as to duration, geographical scope, activity or subject, it shall
be construed, by limiting or reducing it, so as to be enforceable to the extent compatible with then applicable law.
Section 6. EFFECTIVE DATE.
This ordinance shall become effective upon the 1st day of July 1987, having been adopted on June 2, 1987.
Adopted this the 2nd day of June 1987.