Orange County NC Website
11-1D-'05 11;08 FBOM- <br />§ 153A-59 <br />ART. 4.. FORM OP GOVERNMENT §153A-60 <br />Local Modification.. - (.4e to Part 4 of <br />Article 4) Blsden: 1987, c. 646; Dare: 1991, Ex. <br />Sea6., a. 2, e. 4 (As to applicability and wntin- <br />gency pravisiona, sae 1991 Session Laws, Ex. <br />Sese., c. 2, e. 7); Lae (as to Part 4 and G.S. <br />1534.58): 1989, c. 195, ea. 4, 5 (effective June 1, <br />1989, but only applicable to resolutions ap- <br />proved on or before Aug. 1, 1990), ae amended <br />by 1989, c. 770, s. 49. I,ee (aa to $~ 4 end G.S. <br />153AS8): 1989, o- 195, se.. 4, 5 (effective June 1, <br />1989, but only applicable to resolutions ap- <br />proved on or before Aug, 1, 1990), se amended <br />by 1989, c 770, s.. 43. <br />CASE NOTE6 <br />Cited in Ratdiff a County of Bunwmbe, 759 <br />F.2d 1186 (4th Cir. 1985); Ratcliff a County of <br />Buncombe, 663 F Supp. SODS (W,D.N_C. 1987). <br />§ 153A•59. Implementation when board has members <br />serving a combination of four- and two-year <br />terms. <br />If the structure of the board of commissioners is altered to establish a board <br />with an odd number of members servingg a 'combination of four- and two-year <br />terms of office, the new structure shall be implemented as follows: <br />At the first election all members of the board shall be elected. A simple <br />majority of those elected shall be elected for two-year terms, and the remaining <br />members shall be elected for four-year terms, The candidate oz car}didatea <br />receiving the highest number of votes shall be elected for the four-year terms., <br />At each subsequent general election, s simple majority of the board shall be <br />elected. Thst candidate who ie elected with the least number of votes shall be <br />elected for atwo-year term, and the other member or members elected shall be <br />elected for four-year terms, (1927, c. 91, a 3; 1969, c, 7.17, s. 1; 1973, c. 622, s. <br />l,) <br />§ 153A•60. Initiation of alterations by resolution. <br />The boazd of commissioners shall initiate any alteration in the structure of <br />the board by adopting a resolution, The resolution shall: <br />(1) Briefly but completely describe the proposed alterations; <br />(2) Prescribe the manner of transition from the existing structure to the <br />altered structure; <br />(3) Define the electoral districts, if any, and apportion the members <br />among the districts; <br />(4) Call s special referendum on the question of adoption of the alter- <br />ations. The referendum shall be held and conducted by the county <br />board of elections. The refexendum maybe held at the same time as <br />any other state, county or municipal primary, election, special election <br />or referendum, or on any date set by the board of county commission- <br />ers, provided, that such referendum shall not be held within the <br />period of time bed' ing 60 days before and ending 60 days after any <br />other primary, election, special election or referendum Meld in the <br />county. <br />Upon its adoption, the resolution sha21 be published in full. (1927, c. 91, s. 4; <br />1969, c, 717, s. 1; 1973, c, 822, s, 1; 1977, c. 382,) <br />Local Modification. -Craven: 2001-447, a. <br />1 (applicble only to resolutions adopted before <br />January 1, 2002); Daze: 1991, Ez. Sess., a 2, s. <br />1 (As to applicability and contingency provi- <br />sions, see 1991 Session Laws, Ex. Seca., c. 2, c. <br />7);1,ee:1988, c. 195, s.. l (effective June 1,1869, <br />but only applicable to resolutions approved on <br />or before Aug. 1, 1990); Wayne: 1987, c. 119 <br />(only applicable to resolutions approved on or <br />before Nov. 30, 1968), <br />925 <br />t <br />T-373 P02/04 U-887 <br />