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§153A-59
<br />A8T 4_ FORM OF QUVERN3dENT §15&4.60
<br />Local Modification - (As to PBZt 4 of
<br />Article 4) Blndea: 1967, a 646; Dare: 1991, Ex.
<br />Sean., G 2, s 4 (As to applicabffity sad contin-
<br />gency provisioaB, see 1991 Session LawB, Ex,
<br />SBBB., a 2, e. 7): Lee (aB to Pert 4 and (3.S.
<br />153-4-58):1989, c.. 195, Bs. 4, 5 (eSectdve June 1,
<br />1989, but only applicable to resolntions ap~
<br />proved oa or before Aug. 1, 1990), ee amended
<br />691969, c, 770, s. 43.. I,ae (aa to P, art 4 and G,5..
<br />153AS8):1969, c 195, se.. 4, S (effective June 1,
<br />1989, bnt only epplicabL3 to resolutions ap-
<br />proved oa or before Aug. 1, 1490), se amended
<br />by 1969, c 770, s. 43.
<br />CASS NOTE6
<br />Cited in Ratclifiv County of Bunrambe, 759
<br />F.2d LiB9 (4th Cir. 1985); Ratclifi v County of
<br />Buncombe, 663 F. Supp. lOD9 (W.bN.0. 196'x..
<br />§ 153A-59. Implementation 'when board has members
<br />serving a combination of four- and two•gear
<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 hombination of faun- and two-year
<br />terms of ofnce, the new structure shell be implemented as foll~ws-
<br />At the first election all members of the board shall be electetL A simile
<br />majority of those elected shall be elected fortwo-yaaz terme,'and the remaining
<br />members shall be elected for four-year terms. The candidate oz cax)didates
<br />receiving the highest number of votes shall be elected for the four-yeas terms.
<br />At each subsequent general election, s signpple majority of the board shall be
<br />elected- Thst candldate who is eIectPd with the least numb9r of votes shaIl be
<br />elected for a two-year term, and the other member or members elected shall be
<br />elected for four-year terms. (1927, c, 91, e. 3; 1969, c. 717, s, l; 1973, a 822, s.
<br />1,)
<br />§ 153A•60. Initiation of alterations bq 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 descn'be the preposed 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 />zmong the districts;
<br />(4) Call s special referendum oa the question of adoption of the alter-
<br />ations. The referendum shell be held and conducted by the county
<br />board of elections. The referendum maybe held at the same time as
<br />any other state, county or municipal primary, election, special election
<br />or referendum, or on anV date set by the board of county commission-
<br />ers, provided, that such referendum shall not be held within the
<br />period of tune bung 60 days before and ending 60 days after any
<br />other primary, election, special election or referendum held in the
<br />county
<br />Upon its adoption, the resolution shaA be published in full. (1927, c. 91, s. 4;
<br />1969, c. 717, s. 1; 1973, c. 822, s. l; 1977, c. 362.)
<br />Local Modification -Craven: 2001-447, a. 7} Lae:1989, c 195, s• 1(e8'ective June 1,1969,
<br />1 (applicble Daly to resolutions adopted before brit only applicable [o resolntione approved oa
<br />Januarp 1, zooz); Dare: 1981, En Sass.., a 2, s, or before Aug. i, 1990); Wayne: 1967, c. 119
<br />1 (As to applicab0itg and contingency prwi•. (only applicable to reeolutions approved on or
<br />lions, see 1991 Session Laws, Es. SeBa., e. 2, s, before Nov. 30, 1966).
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