Newspapers / Hickory Democrat (Hickory, N.C.) / April 4, 1889, edition 1 / Page 2
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2 Mow Charter Of The City of Hickory I NAITU) t;v Tin; I.AST I.I.CWIS I.AN HI;. THE GENERAL ASSEMBLY OI CAROLINA Do ENA f : SEC. 1. 'That the inhabitants of the town of Hickory residing within one mile of the centre of the public square in said town shall continue to be as heretofore a body corporate, but under the name and style of the ( ity of Hickory, and under such name and style is hereby invested with till the property and rights of property, which now belong to the present corporation of tne town of Hickory, or any other corporate name or names hereto fore used; and by the corporate name of the City of Hickory may purchase and hold for purposes of its government, welfare and improvement, all such estate, real and personal, aw may be deemed necessary therefor, or as may be conveyed, devised or bequeathed to it, and the same may from time to time sell, dispose of and re invest as shall bo deemed advisa ble by the proper authorities of the corporation. SEC. 2. That the prese nt M ay or and Commissioners and other officers of the town of Hickory shall be and are hereby declared to be like officers with like pow ers and duties of the City of Hick ory under the name of Mayor and Aldermen until their successors are elected and qualified as here inafter provided. SEC. 3. The administration and government of the City of Hicko ry shall l»e vested in one princi pal officer to I>o styled the May or, a board of six Aldermen and such other officers as are herein after provided for, provided that when the population of said city shall be ascertained to be four thousand, the Board of Aldermen shall have power to divide the said city into four wards, as fol lows—viz: That part lyin» north of the Western North Carolina Railroad and cast of a due north line from the centre of what is now known as the public square, tc be known as Ward Number One; that part lying south of said railroad and east of a due south line from the centre of said square to be known as Ward Number Two; that part lying south of said railroad and west of said duv south line to be known as Ward Number Three; that part lying mrrth of said railroad and west of said due north line to be known as Ward Number Four, and there shall be elected two Aldermen from each of *aid wards to Constitute said board. SEC. 4. The Mayor shall be elected on the first Mondav in May in each year by the qualified voters of tli*' City of Hickory, and the Board of Aldermen shall be elected by said qualified voters as follows : Ihe throe Commis sioners elected on the first Mon day in May, one thousand eitrht hundred and eighty seven, under the provisions of an Act, chapter seventy-nine, of the private laws of one thousand eiq-ht hundred and eighty-seven, to serve for two years—to wit : From the first Monday of May, one thous and eirht hundred and eighty eight, to first Monday of May, thousand eiirht hundred and ninety, shall continue and 1 >t* for f,ail term members of the Boi ml of Aldermen, and at each annual election on the tirst Monday in May, beginning with tlie tirst Monday in May, 1880, three Al dermen shall he elected t» serve for a period of two years t> take the place of those whose terms ex pire, and >n the tirst Monday in May following" the division >f the city into wards there shall 1 >e four Aldermen elected, one resident in each ward, to serve for two years, and on each tirst Monday in May thereafter there shall he four Al dermen elected to take the place of those retiring". I'rovhhrh the Board of Aldermen elected under the provisions of this Act, shall elect one Alderman to serve for the tirst year after the city is di vided into four wards. SEC. 5. The Mayor and Board of Aldermen shall have power to elect a chief of police and as many other policeman as they may deem necessary, a city clerk, a city treasurer, or a city clerk who shall act as city treasurer, a tax collector, a chief of fire depart ment and any other agents, offi cers or employees that may be necessary. SEC. 6. The Board of Alder men shall annually, at least ten days before tlie first Monday in M ay, appoint as many inspectors or judges of election as they may | deem proper—not less than three ; —and shall give at least ten diys' public notice in a newspaper pub lished in the city, or by sufficient posters, that the said inspectors will hold the annual election at such place or places as the Board of Aldermen may appoint in said city and named in the said public notice, and the officers to be elect ed sball also be named in said public notice; provide*?, that if for any reason the inspectors appoint ed or any one of them shall fail to act the Board of Aldermen may 'appoint others. SEC. 7. It shall be the duty of the inspectors of election so ap pointed to hold the election ac cording to law after being sworn by any lawful officer competent to administer oaths, and at the close of the election the votes shall be counted by the inspectors public | ly, and such persons voted for as Mayor, having the largest 111191- lof votes shall be declared to be elected Mayor, and such persons, | three in number, or four after the 1 city is divided into wards, voted I for as Aldermen, having the larg | est number of votes shall be duly declared elected Aldermen ; and the inspectors shall within two days thereafter notify those elec ted of the fact and also report the result to the Board of Aldermen, who shall keep a correct record of the same. 1 J'rovided: That in ease of a tie vote at the annual election the inspectors shall decide who shall be Mayor or Aldermen, as the case may be. SEC. 8. The city clerk shall be ex-officio registrar and shall open the registration books and keep them open for thirty days imme diately preceding the day of elec tion, and all electors who have re sided in the City of Hickory for ninety days shall be entitled to register. Such elections shall be held as near as may be in compli ance with the provisions of the Code of North Carolina and the! provisions of this Charter. SEC. 0. The Mayor elect shall within three days after being* no tified of his election as aforesaid take the oaths prescribed before any justice of the peace for Ca tawba county. Ihe Mayor is hereby constituted an inferior court, and as such liall within the corporate limits of the citv have I'll ESS AND CAROLINIAN, APRIL 4. all the power, juiisdiction ami au thority of a justice of the peace in all criminal matters. The Mayor shall further be a special criminal court within the corpor ate limits of the city, to have ar rested and try all persons who are charged with a misdemeanor for violating' any ordinance of the city. The proceedings in said court shall he the same as are now or hereafter shall l>e pre scribed for courts nf justices of the peace and in all cases there shall he a right of appeal; and in all cases where a defendant may he adjudged to he imprisoned by the said Mayor, it shall be lawful and competent for him toadjudgy also that the said defendant work during the period of his confine ment in the public streets or oth er public works of said city; and it may and shall be lawful for the Mayor, when he has entered tip a judgment against the defendant, for ti 11 e or pena 11 v , if the same is not paid, to order and require that such person or persons so convicted to work on the streets or other public works of the city under the supervision of the chief of police or street overseer until at a rate of wages ranging from fifty cents to one dollar per day such person or per sons shall have worked out the full amount of the judgment and costs of prosecution, and to effect this it shall be lawful for the Board of Aldermen to establish a chain gang and work offenders on the public works and streets by ball and chain. SEC. 10. That the Mayor of the City of Hickory may issue his pre cepts to any constable, policeman or to such other officers as are re quired to execute process issued by a justice of the peace. SEC. 11. That the Mayor shall keep a faithful ihinute of the pre cepts issued by him and of all of his judicial proceedings. SEC. 12. That the Mayor, when present, shall preside at all the meetings of the Board of Alder men, and where there is an equal division upon any question, or in the election of officers by the board, lie shall determine the matter by his vote. He shall vote in no other case, and if he shall be absent the board may appoint one of their number, pro tem., to ex ercise his duties at that meeting, and in the event of his extended sickness or absence the board may appoint one of their own number, pro tempore, to exercise his duties. SEC. 13. That the Mayor shall keep his office in some convenient part of the city, designated by the Board of Aldermen. He shall keep the seal of the corporation, and perform such duties as shall from time to time be prescribed, and he shall receive such compen sation and fees as may be allowed by this Act and the* ordinances of the corporation. SEC. 14. That the Aide *rmen shall form one board and a major ity of them shall be competent to perform all duties prescribed un less otherwise proviiKul. At their first meeting they shall fix stated days of meeting for the year, which shall be a> often, at least, as once in every month. Special meetings «»f-the Aldermen may also T>e held on the the call of the Mayor, or shall be called by him at the re quest of a majority of the Alder men, and of everv such meeting w hen called by the Mayor all the Aldermen shall be notified, and when called by a majority of the Aldermen such as shall n>t join in the call shall be notified. SEC. 15. That the Board of Al dermen. when convened, shall hate power to make and provide for the execution of such ordinances, bv- ( jaws, rules and regulations for tbe better government of the city us they may deem necessary, oot incon sistent with this Act or with the 1 iws of the land. SEC. 16. That after the Mayor has been duly elected and qualified he shall call the Aldermen elected before him within three days aud they shall then ami there take an oath to discharge the duties imposed upon them by virtue of the r olhce as Aldermen with fidelity and integ rity to thf best, ot their ability, which oath shall be administered by the Mayor or a justice of the peace. SEC. 17. That ail the officers elected or appointed under or by virtue of this Act shall hold their of fice or appointment until their suc cessors are duly elected or appointed and qualified. SEC. 18. All grants, conveyances power or licenses heretofore given, ordered or authorized by the Board of Commissioners of the town of Hickory and grants are hereby vali dated and confirmed. SEC. 19. The Board of Aldermen may in their discretion, £rant to any person or persons such license, pow er and authority as they may see fit, within said city to establish, locate, carry ou and ply any business, trade or occupation, or do any act, not forbidden by law, and to pass such orders, resolutions or ordinances, as may fully protect persons so li censed, authorized or empowered, in the full, free and uninterrupted management and control of such business. SEC. 20. That at the first meeting of the Board of Aldermen or as soon thereafter as practicable, they shall elect a city clerk and treasurer or combine the two as herein provided, and a tax collector, who shall re spectveily hold their offices for the term of two years and until their successors are elected and quali fied, subject however to be removed at any time, and others ap pointed in their staed, for misbehav ior or neglect in office. Before act ing each of said officers, shall take an oath before the Mayor to faithful ly discharge the duties required of him by the Board of Aldermen, and each shall execute a bond in such an amount as the Board may require with security to be approved by the Board. 6ec. 21. That the clerk and treas urer bhall have a salary to be fixed by the Board, and it shall be his duty to keep regular and fair min utes of the proceedings of the Board, and to preserve all btooks, papers and other articles committed to his care during his continuance in office, and deliver them to his successors And he shall receive and faithfully keep all moneys which shall be paid to him for the use and in behaif of [aid city, and disburse the same accord- V / ing to an order given in obedience to the direction of said Board appear ing on their minutes. He shall keep a fair and correct account of all moneys so received and disbursed by him, in a book kept for that pur pose, showing from what source money is received, and for what pur pose paid out, and shall submit said accounts to said Boards whenever required. He ahall pat to his suc cessor all moneys in his hands be longing to said city— and faithfully perform all duties imposed on him as clerk and treasurer, by the laws and ordinances of said Board, and he shall perform all other duties that may hereafter be imposed upon him bv the Board of Aldermen. SEC. 22. The tax collector, whose appointment is herein provided for. shall be vested with the same power and authority in the collection of taxes, that eherifls have, and subject ,to the same fines and penalties for failure or neglect of duty. He shall be charged with sums appearing by \ the tax lists, as uue for city taxes. ; He shall be credited in settlement as sheriffs are credited, with amounts in suit by appeal, all poll tax. an l taxes 011 personal property, crrtitifd by the clerk if tbe commissioneis of the county, by order of the Board of county commissioners, to be in solvent and uneo'lectable. He shall at no time retain in his hands over two hundred dollars for a longer time than seven days, under a pen alty of ten per cent, per month to the cit\ upon all sums unlawfully retained. The Board of Aldermen at the regular meeting in April of each municipal year shall appoint one or more of their number to be present and assist at the accounting and settlement between the tax col lector and city treasurer, and to aud it and settle the accounts of the city clerk and treasurer. The accounts so audited shall be reported to the Board of Aldermen, and when ap proved by them shall be recorded in the minute book of said Board and shall be prima facie evidence of their correctness, and impeachable only for fraud or specified error. It shall be the duty of said Board to remove an} tax collector who shall fail to settle and fully pay up the taxes by law due from him, and he shall not be eligible to re election to said office in case of such removal. SEC. 2b. That the Board of Alder men shall have power to appoint a police force, to consist of a chief of police and such number of police men as the good government of the city may require, who shall hold their office for one year, and until their successors are appointed. The chief of police shall give bond in such sum as the Board of Alder men may prescribe for the faithful discharge of the duties imposed by law and the ordinances of the city, and to faithfully account for all mon eys that may come into his hands from fines, penalties etc. The chief of police shall have the supervision and control of the police force, and it shall be his duty to re port to the Mayor any direlection of duty on the part of any member of the police force. It shall be the duty of the chief of police to attend the mayor's conrt each day aud re port any violations of law or ordi nances of the city, to collect all fines and penalties imposed, and pay the same to the city treasurer, and to execute the orders an I judgments of said court. To see that ihe laws and ordinances of the city ate en forced, and do such other things as may be required of him by the May or. The chief of police aud each member of the police force shall have all the power and authority vested in sheriffs and constables for the the preservation of the peace of the city, in suppressing disturbances and apprehending offenders; they shall execute all process directed to them by the Mayor or others, and execution thereof shall have the same powers which sheriffs aud con stables have. Ihe chief and mem bers of the police shall take an oath before th« Mayor for the faithful performance of the duties required by law and ordinances. SEC. 24. That the chief of police shall be e.ititled to, and shall receive the fees arising from the execution of all precepts issued by the Major or others, which shall be the same as that of sheriffs and constables for like service. The Board of Alder men shall pass ordinances for the government and direction of the po lice aiid fix their compensation. In times of exigency the Major may appoint temporarily additional po licemen for such time as shall appear necessary, not exceeding one week, who shall take the same oath, and be subject to the same control as regular policeman. SEC. 25. That the Mayor may at any time, upon charges being pre ferred, or upon finding said chief or any member of said police force ( t/atiriued uD tljrd [>***
Hickory Democrat (Hickory, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 4, 1889, edition 1
2
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