North Carolina General Statutes § 160A-101 Optional forms
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Any city may change its name or alter its form of government by
adopting any one or combination of the options prescribed by this
section:
(1) Name of the corporation:
The name of the corporation may be changed to any name not deceptively
similar to that of another city in this State.
(2) Style of the corporation:
The city may be styled a city, town, or village.
(3) Style of the governing board:
The governing board may be styled the board of commissioners, the board
of aldermen, or the council.
(4) Terms of office of members of the council:
Members of the council shall serve terms of office of either two or
four years. All of the terms need not be of the same length, and all of
the terms need not expire in the same year.
(5) Number of members of the council:
The council shall consist of any number of members not less than three
nor more than 12.
(6) Mode of election of the council:
a. All candidates shall be nominated and elected by all the
qualified voters of the city.
b. The city shall be divided into single-member electoral
districts; council members shall be apportioned to the districts so
that each member represents the same number of persons as nearly as
possible, except for members apportioned to the city at large, if any;
the qualified voters of each district shall nominate and elect
candidates who reside in the district for seats apportioned to that
district; and all the qualified voters of the city shall nominate and
elect candidates apportioned to the city at large, if any.
c. The city shall be divided into single-member electoral
districts; council members shall be apportioned to the districts so
that each member represents the same number of persons as nearly as
possible, except for members apportioned to the city at large; and
candidates shall reside in and represent the districts according to the
apportionment plan adopted, but all candidates shall be nominated and
elected by all the qualified voters of the city.
d. The city shall be divided into electoral districts equal in
number to one half the number of council seats; the council seats shall
be divided equally into "ward seats" and "at-large seats," one each of
which shall be apportioned to each district, so that each council
member represents the same number of persons as nearly as possible; the
qualified voters of each district shall nominate and elect candidates
to the "ward seats"; candidates for the "at-large seats" shall reside
in and represent the districts according to the apportionment plan
adopted, but all candidates for "at-large" seats shall be nominated and
elected by all the qualified voters of the city.
e. The city shall be divided into single-member electoral
districts; council members shall be apportioned to the districts so
that each member represents the same number of persons as nearly as
possible, except for members apportioned to the city at large, if any;
in a nonpartisan primary, the qualified voters of each district shall
nominate two candidates who reside in the district, and the qualified
voters of the entire city shall nominate two candidates for each seat
apportioned to the city at large, if any; and all candidates shall be
elected by all the qualified voters of the city.
If either of options b, c, d or e is adopted, the council shall divide
the city into the requisite number of single-member electoral districts
according to the apportionment plan adopted, and shall cause a map of
the districts so laid out to be drawn up and filed as provided by G.S.
160A-22 and 160A-23. No more than one half of the council may be
apportioned to the city at large. An initiative petition may specify
the number of single-member electoral districts to be laid out, but the
drawing of district boundaries and apportionment of members to the
districts shall be done in all cases by the council.
(7) Elections:
a. Partisan. - Municipal primaries and elections shall be
conducted on a partisan basis as provided in G.S. 163-291.
b. Nonpartisan Plurality. - Municipal elections shall be
conducted as provided in G.S. 163-292.
c. Nonpartisan Election and Runoff Election. - Municipal
elections and runoff elections shall be conducted as provided in G.S.
163-293.
d. Nonpartisan Primary and Election. - Municipal primaries and
elections shall be conducted as provided in G.S. 163-294.
(8) Selection of mayor:
a. The mayor shall be elected by all the qualified voters of
the city for a term of not less than two years nor more than four years.
b. The mayor shall be selected by the council from among its
membership to serve at its pleasure.
Under option a, the mayor may be given the right to vote on all matters
before the council, or he may be limited to voting only to break a tie.
Under option b, the mayor has the right to vote on all matters before
the council. In both cases the mayor has no right to break a tie vote
in which he participated.
(9) Form of government:
a. The city shall operate under the mayor-council form of
government in accordance with Part 3 of Article 7 of this Chapter.
b. The city shall operate under the council-manager form of
government in accordance with Part 2 of Article 7 of this Chapter and
any charter provisions not in conflict therewith. (1969, c. 629, s. 2;
1971, c. 698, s. 1; c. 1076, s. 1; 1973, c. 426, s. 19; c. 1001, ss. 1,
2; 1975, c. 19, s. 64; c. 664, s. 6.)
Sections:
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