Amm^TE STORAGE TO AMEND THE CHARTER ° F Tf ®OQKSTACKS OFFICE CITY OF WILMINGTON The General Assembly of North Carolina do enact: Section 1. All laws, by-laws, ordinances and resolu- tions lawfully passed and in force in the city of Wil- mington under its former organization shall remain in force until altered or repealed by the Council provid- ed for under the provisions of this act. The territorial limits shall remain the same, and all rights and property of every description, which were invested in said city prior to the passage of this act shall rest therein under the organization herein contemplated; and no right or liability, either in favor of or against it existing at the time, and no suit or prosecution of any kind, shall be affected by such change unless otherwise provided for in this act. Section 2. That so much of chapter one hundred and forty-three (143) of the Private Laws of North Caro- lina, for the year 1877, and Acts amendatory thereof, as appoints the Board of Audit and Finance/* a chairman of the Sinking Fund for the city of Wilmington, and a Clerk to the said Board of Audit and Finance is hereby repealed; that so much of chapter two hun- dred and forty-four (244) of the Private Laws of North Carolina of 1907 as appoints a Street Commission, is hereby repealed; that so much of Chapter two hundred and forty-one (241) of the Private Laws of 1907, as ap- points a Water and Sewerage Commission is hereby re- pealed; and that so much of Chapter two hundred and 2 fifty-one (251) of the Private Laws of 1909, as provides for a Police and Fire Commission, is hereby repealed; and so much of Chapter one hundred and thirty-eight (138) of the Private Laws of one thousand nine hundred and seven, and acts amendatory thereof, as appoints three library trustees, is hereby repealed. And the pow- ers, duties and privileges conferred upon said Board of Audit and Finance, upon the clerk thereof, upon the chairman of the Sinking Fund, upon the Street Commis- sion, upon the Water and Sewerage Commission, and upon the Police and Fire Commission, and the appoint- ment of Library Trustees, shall devolve upon and be conferred upon the Council hereinafter provided for, except as altered or repealed by this act. And the power heretofore conferred upon said Board and said Commissioners to issue and sell bonds is hereby express- ly conferred upon the said Council provided for in this act. Section 3. The City of Wilmington shall be governed by a Council consisting of five (5) members, each of whom have the right to vote upon all questions com- ing before the Council, except the Councilman who shall be Mayor, who in all cases may exercise his right to vote, or he may reserve this right until there is a tie, but in no case shall he be allowed to vote twice on the same question. Three members of the Council shall con- stitute a quorum, and the affirmative vote of three mem- bers shall be necessary to adopt any motion, resolution or ordinance or pass any measure, unless a greater number is required in this act. Upon every vote the "yeas" and "nays" shall be called and recorded, and every motion, resolution or ordinance shall be reduced to writing and read before the vote is taken thereon. The Mayor shall preside at all meetings of the Council, unless otherwise provided herein; he shall have no power to veto any 3 measure, but every resolution or ordinance passed by the Council must be signed by the Mayor or by two Council- men, and be recorded before the same shall be in force. Section 4. The Council shall have and possess, and the Council and its members shall exercise, all executive, legislative and judicial powers and duties now had — (but the power, authorities and duties conferred upon the Recorder's court by Chapter three hundred and ninety- eight (398) of the Public Laws of North Carolina of 1909 shall not be affected by this act) — possessed and exercised by the Mayor, Board of Aldermen, the Board of Audit and Finance, the Water and Sewerage Commis- sion, the Street Commission, the Police and Fire Com- mission, and all other executive andadminstrative officers and offices of the said city of Wilmington; together with all such powers and duties as are conferred by Chapter seventy-three (73) of the Revisal of North Carolina of 1905, upon cities and towns and which are not repugnant to this act. The executive and administrative powers, authority and duties of the city of Wilmington shall be distributed into and among five departments, as follows. 1. Department of Public Affairs. 2. Department of Accounts and Finance. 3. Department of Public Safety. 4. Department of Streets, Wharves and Public Im- provements. 5. Department of Water and Sewerage. The Council shall determine the powers and duties to be performed by each department and assign them to the appropriate department, unless otherwise provided in this act; shall assign particular officers and employes to 4 one or more departments, unless otherwise provided in this act; may require an officer or employe to perform duties in two or more departments, and may make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city, not inconsistent with this act. The Council has and shall exercise all legislative and administrative pow- ers, functions and duties now had and possessed by the city of Wilmington or its officers. It shall make all orders for doing of work or the making or construction of im- provements, bridges, or buildings. It shall levy all taxes, apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof, wilich payment shall be made upon voucher or check signed by one Councilman and one other officer as the Council shall designate. It shall make all assessments for the cost of street improvements, sidewalks, sewers and all other works, improvements or repairs, which may be especially assessed against proper- ty under the powers now possessed. It shall make or authorize the making of all contracts, and no contract shall bind or be obligatory upon the city unless either made by ordinance or resolution adopted by the Council or reduced to writing and approved by the Council, or expressly authorized by ordinance or resolution adopted by the Council. All contracts and ordinances and res- olutions making contracts or authorizing the making of contracts, shall be drawn by the City Attorney, or approved by him before the same are made or passed. All Councilmen at the heads of departments and all officers, shall be agents of the Council only, and their acts shall be subject to review and to approval, disap- proval or revocation by the Council. Every head of department or other officer shall from time to time as required by law or ordinance, or when requested by the 5 Council, or whenever he shall deem necessary for the good of the public service, report to the Council in writing, respecting the business of his department or office, or matters connected therewith. The Council may by ordinance or resolution, assign to a Councilman in charge of a department, officer or em- ploye, duties in respect to the business of any other de- partment, office or employment, and such service shall be rendered without additional compensation. The Council shall have the power to enforce the atten- dance of witnesses, the production of books and papers, and the power to administer oaths, in the same manner and with like effect, and under the same penalties, as in the case of Magistrates exercising criminal or civil juris- diction under the statutes of North Carolina, in all mat- ters it may desire to investigate. Section 5. The Mayor shall be Councilman in charge of the Department of Public Affairs, and the Council shall, at the first regular meeting after the first election of its members, and after all future elections of the same, designate by a majority vote, one Councilman to be in charge of the Department of Public Safety, one to be in charge of the Department of Streets, Wharves and Public Improvements, one to be in charge of the Department of Accounts and Finance, and one to be in charge of the Department of Water and Sewerage; but such designa- tions shall be changed whenever it appears that the pub- lic service would be benefitted thereby. (a) Department of Public Affairs. — The Mayor shall be the Councilman in charge of the Department of Pub- lic Affairs. He shall have and exercise all powers and perform all duties provided or prescribed by law or the ordinances of the city not in conflict with the provisions of this act. He shall have general supervision and over- 6 sight over all departments and offices in the city. He shall be the chief executive officer and representative of the city, and shall have charge of and cause to be prepared and published all statements and reports required by law or ordinance or by resolution of the Council. He shall be chairman of the Local Board of Health. All notices of quarantine and release must bear his signature. The City Attorney, City Stenographer, City Library and Library Building Trustees, the Civil Service Commission, and all other officers and functionaries not by law or or- dinance distributed and assigned to some other depart- ment are distributed and assigned to the Department of Public Affairs. (b) Department of Accounts and Finance: — The Councilman assigned to the Department of Accounts and Finance shall have charge of and supervision over all accounts and records of the city, and all officers, boards or departments required to keep or make accounts, re- cords or reports. He shall inspect or cause to be in- spected, all records or accounts required to be kept in any of the offices of the departments of the city, and shall cause proper accounts and records to be kept and proper reports to be made. He shall audit or cause to be audited at frequent intervals the accounts of every officer or em- ploye who does or may receive or distribute money. He shall have charge of the purchase, care and distribution of supplies and other articles not otherwise provided to be otherwise purchased, cared for and distributed, He shall have charge and supervision over all printing by or for the city, unless otherwise provided by law. He shall examine or cause to be examined, and report to the Council, upon all bills, accounts, pay rolls and claims, be- fore they are acted upon or allowed, unless otherwise provided by law. 7 He shall procure from all persons and corporations operating public service utilities in the city, such reports as they are by law or ordinance or otherwise, required to make to the city or any of its officers, and procure copies of such reports as are made to the State, or any public officer or department ; and shall collect or cause to be col- lected, all license fees, franchise taxes, rentals or other money, which may be due or become due to the city. He shall report to the Council any failure to make reports or to pay monies due to the city, with such recommenda- tions in relation thereto as he may deem proper. The Clerk and Treasurer and Collector, License Col- lector, and their respective offices, and all employes there- in, and all bookkeepers and accountants, are distributed and assigned to the Department of Accounts and Finance and shall be under the supervision and direction of the Councilman in charge thereof. (c) Department of Public Safety: — The Council- man assigned to the Department of Public Safety shall have charge of the Chief of Police and the Police Department and all policemen, officers and employes therein, all police stations, property and apparatus used in said Police Department ; the Chief of the Fire Department, and all firemen, officers and employes therein, and all fire stations, property and apparatus used in said Fire Department, the fire and police alarm systems, and all property and apparatus be- longing thereto. He shall have supervision over all surface closets. The City Physician, Board of Health, health officers and all officers and employes in their re- spective offices, or in the Health Department of the city, and all buildings, property and apparatus belonging to or used in said departments and offices, the plumbing in- spector, city electrician, and their offices, and all prop- s erty and apparatus used therein, are all distributed and assigned to the Department of Public Safety. The Councilman in charge shall have supervision over the construction and repair of all buildings assigned to his department, and may on application receive assistance in his department from other offices and departments of the city. (d) Department of Streets, Wharves and Public Improvements: — The Councilman assigned to the De- partment of Streets, Wharves and Public Improvements shall take charge of all public works, the cleaning of streets and public places, the removal and disposal of garbage, the entire erection, making and reconstructing of all street improvements, sidewalks, bridges, viaducts, wharves, public buildings and other improvements and of the repair thereof, when not otherwise assigned. He shall approve the estimates of the City Engineer which may be made from time to time of the cost of such work, as the same progresses, and accept any building erected, work done or improvement made when completed ac- cording to contract, and perform such other duties as may be provided by ordinance or resolution. He shall have control, management and direction of the lighting of streets and alleys and of public buildings and grounds, not otherwise assigned, and of all lamps, lights, lighting material and persons charged with the care thereof. He shall have charge of the enforcement of the provisions of law or ordinances relating to bill boards. He shall have supervision of all public dumping grounds and dumps. He shall have supervision over all persons or corporations rendering services to the city or State, and shall report to the Council or other proper officers any failure of said person or corporation to render a service or to observe the requirements and conditions of the franchise, contract or grant. 1) The City Engineer and his department and the em- ployes therein, the Street Superintendent, and all other officers and employes in connection with the work of this Department, are distributed and assigned to the Depart- ment of Streets, Wharves and Public Improvements, and shall be under the supervision of the Councilman thereof. (e) Department of Water and Sewerage: — The Councilman assigned to the Department of Water and Sewerage shall have charge of the watersheds and sources from which the city takes its supply of water, pumping stations, pipe lines, filtering plant, and all other things connected with or incident to the proper supply of water for the city of Wilmington; he shall have supervision and control over all buildings, grounds and apparatus con- nected therewith and incident to the furnishing of water for the city; he shall have charge of the erection of water tanks and laying of water lines, and the operation there- of; and he shall exercise supervision and control over all assistants and employes connected with said Depart- ment, except as otherwise provided in this act. Said Councilman shall have control and supervision over the sewer system of the city, now or hereafter to be constructed or acquired; he shall have charge of the construction, maintenance and operation of the sewer plant and all property and apparatus connected there- with; and he shall exercise supervision and control over all officers, assistants and employes connected with said works and with said Department, except as otherwise provided in this act. (f) The Council shall, at the first meeting after its election hereunder, or as soon thereafter as practicable, elect by majority vote a clerk and treasurer, who shall be clerk to the council, a collector, a city attorney, chief of police, chief of fire department, who shall be also build- ing inspector, city engineer, superintendent of streets, 10 three (3) public library trustees, and such other officers and assistants as shall be provided for by ordinance and necessary to the proper and efficient conduct of the affairs of the city. Any officer or assistant elected or appointed by the Council may be removed from office at any time by a vote of the majority of the members of the Council, except as otherwise provided for in this act. That all the funds of the city of Wilmington shall be ratably and equitably apportioned and deposited with all banks of the city of Wilmington in such proportion as the capital stock of each of said banks shall bear to the total capital stock of all the banks in said city, on an equal interest basis of not less than four per cent, per annum; provided, however, that the said Council, before depositing money in any bank, shall determine that the said bank is solvent and responsible, and shall require as a condition precedent to making said deposit, good and sufficient bond with surety from said banks in amounts satisfactory to the said Council, or good and sufficient collateral to indemnify said Council and city from any and all loss of funds deposited in said banks; and provid- ed further, that any banks failing or refusing to furnish such bonds, or to give such good and sufficient col- lateral as may be required, or to pay said interest, or de- cline or refuse to accept its proportion of said funds on deposit, shall forfeit all right to said deposits, and its proportion of such deposits shall be deposited in the manner set forth above among the banks complying with the provisions of this act. Section 6. The Council shall have power from time to time to create, fill and discontinue offices and employ- ments, other than herein prescribed, according to their judgment of the needs of the city, and may by a majority vote of all the members, remove any such officer or em- 11 ploye, except as otherwise provided in this act, and may by resolution or otherwise prescribe, limit or exchange the compensation of such officers or employes. Section 7. The regular meetings of the Council shall be held on the first Monday after its induction into office under this act, and thereafter at least once a week, or oftener, if necessary; and likewise after all future elections of the Council and inductions into office. The Council shall provide by ordinance for the time of hold- ing regular meetings, and special meetings may be called from time to time by the Mayor or two Councilmen. All meetings of the Council, whether regular or special, at which any person not a city officer is admitted, shall be open to the public. The Mayor shall be president of the Council and preside at its meetings. The Coun- cilman in charge of the Department of Accounts, shall be vice president of the Council, and in case of vacancy in the office of Mayor, or the absence or inability of the Mayor, shall perform the duties of Mayor. Section 8. Every ordinance or resolution appropriat- ing money or ordering any street improvement or sewer, or making or authorizing the making of any contract or grant providing for or granting any franchise or right to occupy or use the streets, highways, bridges or public places in the city, for any purpose, shall be complete in the form in which it is finally passed, and remain on file with the City Clerk for public inspection, at least one week before the final passage or adoption thereof. No franchise or right to occupy or use the streets, highways, bridges or public places in the city shall be granted, re- newed or extended, except by ordinance, and every franchise or grant for inter-urban or street railway, gas, electric or water works, electric light or power plants, telegraph or telephone systems, or other public 12 service utilities within said city, must be authorized or approved by a majority of the electors voting thereon at a general or special election. "Provided, however, that no election shall be required for extensions, additions or improvements to existing inter-urban railway, gas, electric or water, waterworks, electric light or power plants, telegraph or telephone systems or other public service utilities now operating within said city." Section 9. (a) No officer or employe elected or appointed shall be interested directly or indirectly in any contract or job for work or material, or the profits there- of, or services to be furnished or performed for the city; and no such officer or employe shall be interested, di- rectly or indirectly, in any contract or job for work or material, or the profits thereof, or services to be furnished or performed, for any person, firm or corporation operat- ing interurban railways, street railways, gas or electric works, water works, electric lights, power plant, telegraph or telephone lines or exchanges, sewer plants or systems, or other public service utilities within the territorial lim- its of the- city. No such officer or employe of the city shall accept or receive, directly or indirectly, from any person, firm or corporation, operating within the territor- ial limits of the city any interurban railways, street rail- ways, gas or electric works, water works, sewerage plant or system, electric light or power plants, telegraph or telephone lines or exchanges, or other business using or operating under a public franchise any frank, free ticket or free service, or accept or receive directly or indirectly, from any such person, firm or corporation, any other service upon terms more favorable than is granted to the public generally. Such prohibition of free transpor- tation shall not apply to policemen and firemen in uni- 13 form. Any violation of the provisions of this sub-section shall be a misdemeanor and every such contract or agree- ment shall be void. (b) Any officer or employe of the city who, by solici- tation or otherwise shall exert his influence, directly or indirectly, to cause other officers or employes of the city of Wilmington to adopt his political views, or to favor any particular person or candidate for office, or who shall in any manner contribute money, labor or other valu- able to any person for election purposes, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $300, or imprisonment in the county jail not exceeding thirty days. Section 10. Each Councilman shall file with the City Clerk and Treasurer monthly, or oftener if the Council shall request it, or the Councilman shall deem it neces- sary for the good of his department, an itemized state- ment, showing all receipts and disbursements in his department, together with a summary of all his official acts and doings during the preceding month. At the end of each fiscal year the Council shall cause to be made, by competent accountants, a full and com- plete examination of all books and accounts of the city, and shall publish the results in pamphlet form. Copies of such publication shall be delivered to the City Library, the State Library, the Secretary of State of North Caro- lina, the daily newspapers of the city, and there shall be filed with the City Clerk and Treasurer a reasonable number* of copies to be distributed to the public upon request therefor. Section 11. If, at the beginning of the term of office of the first Council provided for under the provisions of this act, the appropriations for the expenditures of the 14 city government for the current fiscal year have been made, said Council shall have power by ordinance, to revise, to repeal, or to change said appropriations and to make additional appropriations. Section 12. That on the fifteenth day of March, one thousand nine hundred and eleven, there shall be an election held in the city of Wilmington, under the elec- tion laws then in force, at which all qualified electors shall be entitled to vote, at which time the people shall determine whether they desire to adopt this bill ; and if a majority of the votes cast be in favor of the bill then it shall be a law and a primary election shall be held in accordance with the provisions of the law for the pur- pose of nominating the officers herein named. Section 13. Each Councilman shall receive a salary of not less than eight hundred dollars nor more than nineteen hundred dollars, payable in equal monthly in- stallments, which shall be the sole compensation for the performance of all the duties provided for in this act; Provided, the 'Council may by a majority vote prescribe the amount of salary the members thereof shall receive within the amount named. Every other officer, assistant and employe shall receive such salary or compensation as the Council shall by or- dinance prescribe. Section 14. On the first of May, one thousand nine hundred and eleven, and on the first Monday in May every two years thereafter, there shall be held a municipal election in the city of Wilmington for the purpose of electing five Councilmen for said city. The Councilmen shall be nominated and elected by the qualified voters of the city, but no two or more of said Councilmen shall 15 be elected from one ward, and each of said Councilmen must be a qualified voter of some ward of the city. The candidate for Councilman receiving the highest number of votes shall, in addition to being a Council- man, become Mayor of the City of Wilmington. The terms of office of the Councilmen elected under the provisions of this act, shall begin on the 6th of May, 1911, and on the like day every two years thereafter, who shall hold office for two years from said date or until their successors are elected and qualified. If any vacancy occurs in the office of Mayor, the Coun- cil shall elect one of its members Mayor to fill such vacancy during the unexpired term; and if any vacancy occurs in the office of Councilman, the remaining mem- bers of the Council shall appoint some person to fill such vacancy, during the balance of the unexpired term, who shall possess the same qualifications had he been elected at a regular election. Section 15. Candidates to be voted for at all general municipal elections at which five Councilmen are to be elected under the provisions of this act, shall be nominat- ed by primary election, and no other names shall be placed upon the general election ballot than those se- lected in the manner as herein prescribed. The prim- ary elections for such nominations shall be held on the second Tuesday preceding the general municipal elec- tion. The judges and poll-holders of election appointed for the general election shall be the judges and poll- holders of the primary election, and it shall be held at the same place, so far as possible, and the polls shall be opened and closed at the same times as in the general election. (a) Any person desiring to become a candidate for Councilman shall, at lest ten days prior to said primary 16 election, file with the chairman of the City Board of Elections, a statement of such candidacy, in substanti- ally the following form: "State of North Carolina, County of New Hanover. "I, being first duly sworn, say that I reside at street, city of Wilmington, coun- ty of New Hanover, State of North Carolina; that I am a qualified voter therein; that I am a candidate for nom- ination to the office of Councilman, to be voted upon at the primary election to be held on the second Tuesday of , 191 , and I hereby request that my name be printed upon the official primary ballot for nomination by such primary election for such office. (Signed) "Sworn (or affirmed) and subscribed to before me this day of , 19 He shall at the same time file therewith the petition of at least twenty-five qualified voters, requesting such candidacy. Each petition shall be verified by one or more persons, as to the qualifications and residence, the street number, of each of the persons so signing the said petition, and the said petition shall be in sub- stantially the following form: Petition Accompanying Nominating Statement. "The undersigned, duly qualified electors of the city of Wilmington, North Carolina, and residing at the places set opposite our respective names, do hereby re- quest .that the name of (name of candidate) be placed on the ballot for nomination for Councilman, at the primary election to be held in the city of Wilmington on the second Tuesday of , 19 17 "We further state that we know him to be a qualified elector of said city, in ward, and a man of good moral character and qualified in our judgment for the duties of such office. Name of Qualified Electors. | No, Street (b ) Immediately upon the expiration of the time for filing the statements and petitions for candidacy, the said Chairman of the City Board of Elections shall cause to be published for three successive days in all the daily papers published in the city, in proper forms, the names of the persons as they are to appear upon the primary ballots, and the said chairman shall thereupon cause the said primary ballots to be printed, authenticated with a fac-simile of his signature. Upon said ballots the names of the candidates shall be arranged alphabetically, with a square at the left of each name. The ballots shall be printed upon plain, substantially white paper, and shall be headed: CANDIDATES FOR NOMINATION. For Councilmen of the City of Wilmington at the Primary Election. Said ballot shall bear no party designation whatever, nor any other mark. The ballot shall be in substantially the following form: " (Place a cross in the square preceding the names of the parties you favor as candidates for Councilmen) VOTE FOR TEN OFFICIAL PRIMARY BALLOT. Candidates for nomination for Councilmen of the city of Wilmington, at the Primary Election. For Councilmen: (Names of Candidates. ) (Ten or More Names. ) Official Ballot — Attest: (Signature) .__ Chairman City Board of Elections. 18 (c) Having caused said ballots to be printed, the said Chairman shall cause to be delivered at each of the polling places a number of said ballots equal to twice the number of votes cast in such polling precincts at the last general municipal primary election for Mayor. The persons who are qualified to vote at the general munici- pal election shall be qualified to vote at such primary election. Challenges can be made by not more than two persons at each voting precinct, who shall serve without compensation, one to be appointed by the City Board of Elections, and the other by the Council of the city. All challengers shall be qualified voters of the precinct in which they serve, and the law r applicable to challenges at the general municipal election shall be applicable to challenges at such primary election; and all laws, rules and regulations in force at the time of the adoption of this act, except as herein changed, shall be observed in the methods of challenging. The judges and poll-holders of elections shall immediately upon closing of the polls, together with one representative for each candidate, if such representative be requested, count the ballots and ascertain the number of votes cast in such precinct for each of the candidates, and make returns thereof to the City Board of Elections, upon proper blanks to be furn- ished by said City Board of Elections, within six hours of the closing of the polls. On the day following the said primary election, the said City Board of Elections shall canvass said returns so received, from all the polling pre- cincts, and shall make and publish in all the newspapers of said city, at least once, the result thereof. The canvass by the City Board of Elections shall be publicly made. The two candidates living in each ward who receive the greatest number of votes for Councilmen shall be the candidates, and the only candidates whose names 19 shall be placed upon the ballots for councilmen at the general municipal election ; Provided, however, That should there be but one candidate in any ward of said city voted for, then the name of such person only shall be placed upon the ballot for Councilman from said ward, at said general municipal election: Provided, however, All of such candidates shall possess the qualifications prescribed in Section Fourteen of this Act.. (d) All electors of the city of Wilmington who would be entitled to vote for the election of officers at any gen- eral municipal election shall be qualified to vote at all elections under this Act, and the ballots at the general municipal election shall be in the same general form as for such primary elections, so far as applicable, and in all elections in said city, the election precinct, voting places, methods of conducting. the elections and canvassing the vote and announcing the result shall be the same as by law provided for election of officers of the said city of Wilmington, in force at the time of the ratification of this Act, so far as the same are applicable and not in- consistent with the provisions of this Act. Section 16. (a) Any person who shall agree to per- form any services in the interest of any candidate for any office provided for in this Act, in consideration of any money or other thing of value, or who does perform any service in the interest of any candidate for any office in consideration of any money or other thing of value, upon conviction shall be punished by a fine of not less than $25, nor exceeding $300, or be imprisoned in the county jail not less than five days nor more than 30 days. (b) Any person offering to give a bribe, either in money or other consideration, to any elector for the pur- 20 pose of influencing his vote at any election provided for in this Act, or any elector entitled to vote at any such election receiving or accepting any such bribe or other consideration, or any person making false answer to the provisions of this Act, relative to his qualifications to vote at any elections; or any person wilfully voting or offering to vote at any such election who has not been a resident of this State for two years, or of the county of New Hanover for six months or the ward or precinct in which he offers to vote for four months, or who has not paid his poll tax as provided for by the law of North Caolina, or who is not twenty-one years of age, or who is not a citizen of the United States, or knowing himself not to be a qualified voter of such precinct where he offers to vote; or any person knowingly procuring, aiding or abetting any violation hereof; shall be guilty of a mis- demeanor, and, upon conviction, shall be fined not less than $100 nor more than $500, and be imprisoned not less than ten days nor more than ninety days. Section 17. It shall be unlawful for any candidate for office or any officer of the city, directly or indirectly, to give or promise any person or persons any office, position, employment, benefit or anything of value, for the purpose of influencing or obtaining the political sup- port, aid or vote, of any person or persons; and any such person committing a breach hereof shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $100 nor more than $500, or be imprisoned in the County jail not less than ten days nor more than ninety days, or both. Every elective officer of the city shall, within thirty days after qualifying, file with the City Clerk and pub- lish at least once in a daily paper of the city his sworn statement of all his election and campaign expenses, 21 showing by whom such was contributed, to whom the same were paid, and what was the consideration for such payment. Any violation of the provisions of the preceding para- graph shall be a misdemeanor, and be a ground for re- moval from office. Section 18. The City Board of Elections shall be com- posed of the Register of Deeds of New Hanover county, the Clerk of the Superior Court of said county, the City Clerk and Treasurer of the city of Wilmington — who shall be chairman of said board — and two other mem- bers to be selected by the Council of the city of Wilming- ton immediately after its first organization, and all to qualify and their terms of office to begin on the* 15th day of June, 1911; their terms of office shall expire each two years thereafter, or until their successors are elected and qualified. Section 19. Immediately after organizing, the Coun- cil shall by ordinance appoint three Civil Service Com- missioners, who shall serve without compensation, who shall hold office, one until the first Monday in June, 1913, one until the first Monday in June, 1915, and one until the first Monday in June, 1917. On the first Monday in June, 1913, and bi-annually thereafter, the Council shall appoint one Commissioner for a term of six years, who shall take the place of the Commissioner whose term of office expires. The chairman of the Commission for each bi-ennial period shall be the member whose term first expires. No person, while on said Commission, shall hold or be a candidate for any office of public trust. Two of said members shall constitute . a quorum to transact business. The Commissioners must have been citizens of North Carolina and residents of the city 22 for more than three years next preceding their appoint- ment. The Council may remove any of said Commissioners during their term of office for cause, four Councilmen voting in favor of such removal, and shall fill for the un- expired term any vacancy that may occur in said Com- mission. The City Council shall provide suitable rooms in which said Commission may hold its meetings. The City Clerk and Treasurer shall be the clerk to the Board of Commissioners, and he shall keep a record of all its meetings. The City Council shall supply the said Com- mission with all necessary equipment for the carrying on of its business. (a) Before entering upon the duties of their office, each' of said Commissioners shall take and subscribe an oath, which shall be filed in the office of the City Clerk and Treasurer to support the Constitution of the United States, the Constitution of the State of North Carolina, and to obey all laws, and to aim to secure and maintain an honest and efficient force, free from partisan distinc- tion and control and to perform the duties of his office to the best of his ability. (b) Said Commission shall on the first Monday of June and December of each year, or oftener, if it shall be deemed necessary, under such rules as may be prescribed by the Council, hold examinations for the purpose of determining the qualifications of applicants for positions, which examinations shall be practical, and shall fairly test the fitness of the person examined for the discharge of the duties for the position to which they seek to be appointed. Said Commission shall as soon as possible after such examination, certify to the Council double the number of persons necessary to fill vacancies, who, ac- cording to its records, had the highest standing for the 23 positions they seek to fill, as the result of such examina- tion ; and all vacancies which occur, that come under the Civil Service prior to the date of the next regular examin- ation, shall be filled from said list so certified; Provided, however, That should the list for any cause be reduced to less than three for any department, then the Council or the head of the proper department may temporarily fill a vacancy, but for not to exceed thirty days. (c) All persons subject to such civil service examin- ations shall be subject to removal from office or employ- ment by the Council for misconduct or failure to per- form their duties, under such rules and regulations as it may adopt, and the Chief of Police, Chief of Fire De- partment, or any Councilman or other foreman in charge of municipal work may, in his discretion peremptorily suspend or discharge any subordinate then under his direction, for neglect of duty, or disobedience of his orders, but shall, within twenty-four hours thereafter, report such suspension or discharge, and the reasons therefor, to the Councilman in charge of his Department, who shall thereupon affirm or revoke such discharge or suspension, according to the facts. Such employe (or the officer discharging or suspending him) may within five days of such ruling, appeal there- from to the Council, which shall fully hear and determine the matter at its next regular meeting, or earlier, if it deems necessary, and its decision shall be final. Such discharged or suspended employe shall receive no com- pensation from the city for loss of time. (d) The Commissioners shall haye the power to en- force the attendance of witnesses, the production of books and papers and powder to administer oaths, in the 24 same manner and with like effect and under the same penalties, as in the case of magistrates exercising criminal or civil jurisdiction under the laws of North Carolina. Said Commissioners shall make annual report to the Council, and the Council may require a special report from the Commission at any time; and said Council may prescribe such rules and regulations for the proper con- duct of the business of the said Commissioners as shall be found expedient and advisable, including restrictions, or appointments, promotions, removals for cause, roster of employes, certificates of records to the auditor, and restrictions upon payments to persons improperly em- ployed. (e) The Council of the city shall have the power to pass ordinances imposing suitable penalties for the pun- ishment of persons violating any of the provisions of this act relating to the Civil Service Commission. (f) The provisions of this section shall apply to all employees of the Fire Department and Police Depart- ment of the city of Wilmington, except the Chief of Police and the Chief of Fire Department. It shall apply to all other employees that Council may by resolution or ordinance place under Civil Service rules; Provided, however, the present employees shall retain their positions without further examinations, unless re- moved for cause. All officers and employees shall be elected or appointed with reference to their qualification and fitness, includ- ing their moral character, and for the good of the public service and without regard to their political faith or party affiliations. Section 20. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of any incumbent shall be as follows : A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty-five per centum of the entire vote for all candidates for the office of Mayor at the last preceding general primary election, demanding an elec- tion of a successor to the person sought to be removed shall be filed with the City Clerk and Treasurer, which petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of resi- dence, giving the street and number. One of the signers of each such' paper shall make oath before an officer competent to administer oaths that the statements therein made are true as he believes, and that each signature of the paper appended is the genuine signature of the person whose name it purports to be. Within ten days from the date of filing such petition the City Clerk and Treasurer shall examine and from the Poll Books ascertain whether or not said petition is signed by the requisite number of qualified voters, and, if necessary, the Council shall allow him extra help for that purpose; and he shall attach to said petition a certificate showing the result of his examination. If, by the Clerk and Treas- urer's certificate, the petition is shown to be insufficient, it shall be returned to the person filing the same without prejudice, however, to its being filed again within ten days, containing additional names; and without preju- dice to the filing of a new petition to the same effect. If the petition shall be deemed to be sufficient, the Clerk and Treasurer shall submit the same to the Council with- out delay. If the petition shall be found to be sufficient, the Council shall order and fix a date for holding the said 36 election not less than sixty days nor more than eighty days from the date of the Clerk and Treasurer's certificate to the Council that the petition is sufficient. The Council shall make or cause to be made, publi- cation of notice of and all arrangements for holding said election, and the same shall be conducted, returned and the result declared in all respects as are other city elect- ions. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to suc- ceed himself, and unless he requests otherwise in writ- ing the City Board of Election shall place his name on the official ballot for nomination. In any such removal election the candidate receiving the highest number of votes shall be declared elected. At such election if some other person than the incumbent shall receive the high- est number of votes, the incumbent shall thereupon be deemed removed from the" office upon qualification of his successor. In case the person who receives the highest number of votes shall fail to qualify within ten days after receiving notification of his election, the office shall be deemed vacant. If the incumbent re- ceive the highest number of votes he shall continue in office. This method of removal shall be cumulative and additional to the methods heretofore provided by law. Section 21. Any proposed ordinance may be sub- mitted to the Council by petition signed by electors of the city equal in number to the percentages hereinafter required. The signatures, verification, inspection, certi- fication, amendment and submission of such petition shall be the same as provided for petitions under Section 20 hereof. If the petition accompanying the proposed ordinance be signed by electors equal in number to thirty-five per 27 centum of the votes cast for all candidates for Mayor at the last preceding general primary election, and contains a request that the said ordinance be submitted to a vote of the people if not passed by the Council, such Council shall either (a) Pass said ordinance without alteration within twenty days after attachment of the Clerk and Treasur- er's certificate to the accompanying petition, or (b) Forthwith after the Clerk and Treasurer shall attach to the petition accompanying such ordinance his certificate of sufficiency, the Council shall call a special election, unless a general municipal election is fixed with- in six months thereafter, and at such special or general election, if one is so fixed, such ordinance shall be sub- mitted without alteration to the vote of the electors of said city. But if the petition is signed by not less than ten or more than thirty-five per centum of the electors, as above defined, then the Council shall, within twenty days, pass said ordinance without change, or submit the same at next general city election occurring not more than six months after the Clerk and Treasurer's certi- ficate of sufficiency is attached to said petition. The ballots used when voting upon said ordinance shall contain these words: "For the Ordinance" (stating the nature of the proposed ordinance) and " Against the Ordinance," (stating the nature of the proposed ordi- nance.) If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city; and any ordinance proposed by petition, or which shall be adopted by a vote of the peo- 28 pie, cannot be repealed or amended except by a vote of the people. Any number of proposed ordinances may be voted upon at the same election, in accordance with the provi- sions of this section; but there shall not be more than one special election in any period of six months for such pur- pose. The Council may submit a proposition for the repeal of any ordinance or for amendments thereto, to be voted upon at any succeeding general or special election; and should such proposition so submitted receive a majority of the votes cast thereon at such election, such ordinance shall thereby be repealed or amended accordingly When- ever an ordinance or proposition is required by this act to be submitted to the voters of the city at any election, the City Clerk and Treasurer shall cause such ordinance or proposition to be published once in each of the news- papers published daily in the city of Wilmington; such publication to be not more than twenty nor less than five days before the submission of such proposition or ordinance to be voted upon. Section 22. No ordinance passed by the Council ex- cept when otherwise required by the general-laws of the State or by the provisions of this act, except an ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgen- cy and is passed by a two-thirds vote of the Council, shall go into effect before ten days from the time of its final passage; and if during said ten days a petition signed by electors of the city equal in number to at least thirty- five per centum of the entire vote cast for candidates for Mayor at the last preceding general primary election at which a Mayor was nominated, protesting against the passage of such ordinance, be presented to the Council, 29 the said ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the Council to reconsider such ordinance, and if the same is not entirely repealed, the Council shall submit the or- dinances, as is provided in sub-section "b" of Section 21 of this act, to the vote of the electors of the city, either at the general election, or at a special municipal election to be called for that purpose; and such ordinance shall not go into effect or become operative unless a majority of the qualified voters voting on the same shall vote in favor thereof. Said petition shall in all respects be in ac- cordance with the provisions of said section 20 of this act. Section 23. Petitions provided for in this act shall be signed by none but legal voters of the city. Each petition shall contain, in addition to the names of the petitioners, the street and house number in which the petitioner resides, his age and length of residence in the city, and a statement as to whether he has paid his poll tax as required by the laws of North Carolina. It shall also be accompanied by the affidavit of one or more legal voters of the city, stating that the signers thereof were, at the time of signing, legal voters of the city, and stating the number of signers at the time the affidavit was made. Section 24. In the construction of this act, unless the construction would be inconsistent with the manifest in- tent of and repugnant to the statute, the following rules shall be observed : 1. The word "Councilman," or "Alderman" shall be construed to mean Councilman when applied to this act. I 2. The word "franchise" shall include every special privilege in the streets, highways and public places in the r city, whether granted by the State or the city, which be- long to the citizens generally by common right. 30 3. The word "electors" shall be construed to mean persons qualified to vote for elective officers at regular municipal elections. 4. This Act shall be deemed and held to be a remedial statute, and as such shall be liberally construed, to the end that all necessary and reasonable power and author- ity shall be conferred upon the Council herein described to enable it to conduct and maintain for the city of Wilmington a strong and efficient municipal government. Section 25. The City Board of Election shall per- form all duties pertaining to holding elections, provided for in this act, which duties are not otherwise provided for herein. Section 26. All election laws now in force, relative to the city of Wilmington, or which may hereafter be adopt- ed, which are not inconsistent with the provisions of this act, shall be observed. Section 27. All charters, parts of charters, laws and parts of laws in conflict with the provisions of this act are hereby repealed. Section 28. This Act shall be in force from and after its ratification. In the General Assembly read three times and ratified this the 3rd day of March, 1911. (Signed) (Signed) W. C. NEWLAND, President of the Senate. W. C. DOWD, Speaker of the House of Representatives.- Examined and found Correct: (Signed) WILLIAMS, of Swain For Committee. AN ACT TO AMEND THE CHARTER OF THE CITY OF WILMINGTON The General Assembly of North Carolina do enact: Section 1. That so much of chapter seventy-five of the Private Laws of one thousand nine hundred and eleven that provides that the councilman, elected at the regular city election of the city of Wilmington, who receives the greater number of votes, shall be the mayor of said city, is hereby repealed. Section 2. That the city of Wilmington shall be governed by a council of five, elected as is prescribed by chapter seventy-five of the Private Laws of one thous- and nine hundred and eleven and a mayor to be elected as hereinafter set forth. Section 3. The mayor of the city of Wilmington shall be a qualified voter of the city of Wilmington and shall be nominated and elected at the same time and in the same manner as the councilmen of said city. All candi- dates for the office of mayor shall, at least ten days prior to the primary election file with the chairman of the city board of elections, a statement of like tenor and character as that required by a candidate for councilman of said city, together with a petition similar to that required for candidate for councilman, and the ballots used in said primary election shall have printed upon them the names of all candidates for mayor and said ballots shall, in respect to said office of mayor, conform in every way to those required by said chapter seventy-five of the Private Laws of one thousand nine hundred and eleven 32 and the word "mayor" shall be printed, wherever neces- sary, on said ballots, so as to give the voter an oppor- tunity to know for whom he is voting. Each elector shall be entitled to vote for two candidates for mayor in the primary election. The two candidates who receive the greatest number of votes for the nomination to the office of mayor, shall have their name printed upon the ballot at the general municipal election, and shall be voted for in the same manner as a candidate for council- man: Provided, however, that should there be but one candidate for mayor, his name alone shall be placed upon the ballot at the general election, and provided further that should there be but two candidates for mayor at the primary election, then the names of both candidates shall be printed upon the ballots at the gener- al municipal election. The candidate for mayor receiv- ing the greater number of votes at the general municipal election shall be the duly elected mayor of the city of Wilmington. Before entering upon the discharge of the duties of mayor, he shall take and subscribe an oath that he will support the Constitution of the United States and the Constitution and laws of the State of North Carolina, not inconsistent therewith, and that he will perform the duties of mayor of the city of Wilming- ton honestly and faithfully and to the best of his ability. Section 4. Said mayor shall give his whole time to the duties of said office, shall preside at all meetings of the council, but shall have no vote except in case of a tie. Section 5. At the first meeting of the council after the election of mayor, as herein provided, the council shall elect one of its members a mayor pro tempore, who shall serve as mayor whenever the mayor shall be absent from the city or for any cause unable to 33 perform the duties of mayor. Whenever there shall be a- vacancy in the office of mayor the council shall fill the vacancy by electing one of its own members mayor for the unexpired term, or by electing any qualified voter of the city, and in the event of a vacancy caused by the election of one of the councilmen as mayor, the council shall fill the vacancy from the ward in which said councilman resides. Section 6. Said mayor shall be subject to recall and removal as any member of the council. The procedure in case of recall and removal shall be the same as provided by law in case of recall of councilman. Section 7. The mayor shall be the chief executive officer of the city of Wilmington. He shall do and perform all duties provided or prescribed by law, or by the ordinances of the city of Wilmington not expressly delegated to any other person. He shall be ex- officio chairman of all departments of the city and shall have general supervision and oversight over the departments and officers of the city government and shall be the chief representative of the city and shall report to the council any failure on the part of the officers of his or any other department to perform their duties. He may suspend any officer or employee elected by the council, for failure to perform his or their duty, or for any other proper cause; but said officer or employee may appeal to the council who shall hear the matters pertaining to said suspension, and said council shall, after a thorough investigation, render such decision therein as they, in their discretion, may see fit, and may reinstate said officer or employee. The mayor shall not vote in the event any employee or officer shall appeal to the council from his order of suspension. Section 8. Said mayor shall sign all contracts on be- half of the city, unless otherwise provided by law or 34 resolution or ordinance by the city council. He shall have charge of and cause to be printed and published all statements and reports required by law, ordinance or resolution of the city council. Section 9. That so much of chapter seventy-five of the Private Laws of one thousand nine hundred and eleven which creates departments of the city and assigns powers, duties and authority to them, be and the same is hereby repealed, but it shall be the duty of the council to determine what duties shall be performed by the mayor, other than that herein prescribed, and any mem- ber of the council, and assign them to said mayor or councilmen. Section 10. The council shall designate the mayor or one of its members or any officer of the city a purchasing agent of the city, and all property, supplies and material cf every kind whatsoever shall be purchased only by him after an order from the city council, and in addition thereto all printing of the city shall be in charge of and under the supervision of said purchasing agent, and no warrants for any purchase or printing shall be issued by said city unless the purchase or printing for which issued shall be approved by said purchasing agent. Section 11. The salary of the councilmen of the city of Wilmington shall be six hundred dollars a year, pay- able in monthly installments of fifty dollars; and the salary of the mayor shall be not less than one thousand eight hundred dollars, nor more than three thousand dollars per annum payable monthly, to be fixed by the council: Provided, however, that the mayor shall have no vote in the fixing of said salary. Section 12. That section sixteen (a) and (b) and section seventeen of chapter seventy-five, Private Laws, one thousand nine hundred and eleven, shall apply to 35 the candidate or candidates for mayor to the same extent as to candidates for councilman. Section 13. Amend section eighteen of chapter seven- ty-five of the Private Laws of one thousand nine hundred and eleven, by striking out the words "the city clerk and treasurer of the city of Wilmington" in lines three and four of said section and inserting in lieu thereof the words ^the chairman of the board of elections of New Hanover county/' Section 14. Amend section thirty of chapter seventy- five of the Private Laws of one thousand nine hundred and eleven by striking out the words "thirty-five" in the third line of the second paragraph of said section and inserting in lieu thereof the word "twenty-five." and also by striking out the word "primary" in line four of said paragraph and inserting in lieu thereof the word "munici- pal." Amend also said paragraph of section thirty by adding after the word "vote" and before the word "for" in line three of said paragraph, the word "cast." Section 14. Amend section fourteen of chapter seven- ty-five of the Private Laws of one thousand nine hundred and eleven by striking out the words "like day of" at the end of line five and beginning of line six of the second paragraph of said section fourteen, and inserting in lieu thereof the words "on the first Tuesday of May." Section 15. That all laws and clauses of laws in con- flict with the provisions of this act are hereby repealed. Section 16. That this act shall be in force and effect from and after its ratification. In the General Assembly read three times and rati- fied this the 7th day of March, 1913. E. L. DAUGHTRIDGE. GEO. W. CONNOR, President of the Senate. Speaker of the House of Representatives. ■