GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 599

Short Title:  Hendersonville Charter Amendments.	(Local)

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Sponsors: Senators Robinson; and Carpenter.

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Referred to:  Finance.

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March 29, 1999

A BILL TO BE ENTITLED
AN ACT AMENDING THE CHARTER OF THE CITY OF HENDERSONVILLE TO REFLECT CHANGES IN THE GENERAL LAW.
The General Assembly of North Carolina enacts:
Section 1.  Section 1.4 of the Charter of the City of Hendersonville, being Chapter 874 of the 1971 Session Laws, reads as rewritten:
"Sec. 1.4.  Form of Government; Certain General Laws Not Applicable.  The form of government of the City of Hendersonville shall be the council-manager form of government in accordance with Part 2 of Article 7 of Chapter 160A of the General Statutes.  The town manager shall have all the powers and duties conferred by general law and the additional powers and duties conferred by the council so far as authorized by general law."
Section 2.  Section 2.1 of the Charter of the City of Hendersonville, being Chapter 874 of the 1971 Session Laws, reads as rewritten:
"Sec. 2.1.  Existing Corporate Boundaries.  The corporate boundaries of the City of Hendersonville 
																																																																																								 									are delineated on a map on file in the Office of the City Clerk."
Section 3.  Section 3.6(a) of the Charter of the City of Hendersonville, being Chapter 874 of the 1971 Session Laws, reads as rewritten:
	"(a) The City Council shall fix suitable times for its regular meetings, which shall be at least as often as once monthly.  Special meetings may be called in accordance with general law.  Any business may be transacted at a special meeting that might be transacted at a regular meeting."
Section 4.  Section 3.7 of the Charter of the City of Hendersonville, being Chapter 874 of the 1971 Session Laws, reads as rewritten:
	"Sec. 3.7.  Quorum; Votes. 
	(a)	A quorum for the conduct of business shall be as provided in general law, but if general law does not provide the number needed to establish a quorum, a quorum shall consist of a majority of the members elected to the city council, including the mayor.  Notwithstanding the foregoing, a smaller number than that required by general law to establish a quorum may adjourn from time to time and compel the attendance of absent members in the manner prescribed by ordinance or other law.
(b)	Subject to subsection (c) of this section, an affirmative vote of a majority of the members of the city council shall be necessary to adopt any ordinance, resolution, or motion having the effect of an ordinance.  In calculating the total membership of the city council, the mayor shall be included in instances where the mayor is eligible to vote.  All other matters to be voted upon shall be decided by a majority vote of those present and voting.
(c)	Notwithstanding any other provision of this section, if a majority of the city council votes in the affirmative on any matter having the effect of an ordinance, but general law prohibits the adoption of the matter on that date unless there is greater than a simple majority of the council, excluding vacant seats and not including the mayor, the council may stay the vote on the matter until the next regular meeting of the city council at which enough members of the city council eligible to vote on the matter are present."
Section 5. Section 16.8 of the Charter of the City of Hendersonville, being Chapter 874 of the 1971 Session Laws, is repealed.
Section 6. This act is effective when it becomes law.