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§153A-59
<br />ART. 4. FORM OF COVERNIJIENT §153A•6(
<br />Local Modification. -- (.4a to Part 4 of
<br />Article 4) Blades: 1967, a 646; bare: 1991, Ex
<br />Seas„ a 2, a 4 CAs to applica6ffity and contln-
<br />genry provisions, sae 1991 Session Laws, Es,
<br />Sesa., a 2, s. 7); Ise (ea to Pert 4 and G,S.
<br />153-4-58):1989, c. 195, ss. 4, 5 (eSective June i,
<br />1969, but only applicable to resolutions ap•
<br />proved oa or before Aug. 1, 199D), ae emendei
<br />>>y 1989, c 770, s, 43. I+ae (as to $art 4 end G..S
<br />SSSA~SBl:1969, a 195, se, 4, 5 (effective June 1
<br />1988, brit only epplicebL3 to resolutions ap
<br />proved on or before Aug. 1, 1990), ss amendai
<br />by 1989, a 770, s. 43.
<br />C99E NOTE6
<br />Cited in Ratclifiv County of Buncombe, 759
<br />Fed 1189 (4ch Cir. 1985); Ratcliff ¢ County of
<br />Buncombe, 663 F. Supp. 10D9 (W.D.N~C. 1987,
<br />§ 158A•59. fmplementatioa when board has members
<br />serving a combination of four- and two•yeax
<br />terms.
<br />If the structure of the board of commissioners is altered to establish a boars
<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 elect>_d shall be elected fortwo-year terms,' and the remaining
<br />members shall be elected for four-year terms. The candidate or cax)didates
<br />receivmg the highest number of votes shaII 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 is 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, s. 3; 1969, a 717, s, 1; 1973, G 822, s.
<br />1.)
<br />§ 153A-60. Initiation of alterations by resolution.
<br />' The board 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 say, and apportion the members
<br />among the districts;
<br />(4) Call a 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 referendum maybe held at the same time as
<br />any other state, county or municipal primary, election, special election
<br />or referendum, or oa anq date set by the board of county commission-
<br />ers, provided, that such referendum shall nat be held within the
<br />penod of time be rig 60 days before and ending 60 days alter any
<br />other primary, a ection, special election or referendum held in the
<br />county
<br />Upon its adoption, the resolution sbaA be p'uhlished in full. (192?, c, 91, s. 4;
<br />1969, c. 71.7, s. 1; 1973, c. 822, s. 1; 1977, c. 362.)
<br />Loea! Modification. -Craven: 2901-447, n. 7Y, Lee:1988, a 195, s. l (effective Juae 1,1968,
<br />i (applicble only to resolutions adopted before brit only applicable to resolutions approved on
<br />January 1, 2D02); Daze: 1991, Ex. Bess, 0.Z, a. or before Avg. i, 1990); Wayne: 1987, e.. 119
<br />1 fAa to applicability cad contingency prod- (only applicable to rneolvtions appmved on or
<br />lions, sae 1891 Session Lams, Er. Sesa., a. 2, s. befom Nov. 30, 1.968).
<br />925
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