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<br />11-10-'05 11:08 FROM-
<br />§153A•59
<br />ART. 4.. FORM OF GOVERNMENT §153A-60
<br />Local Modification. - (.4s to Part 4 of
<br />Article 4) Bisden: 1987, c. 646; Dare: 1991, Ex,
<br />Sass., o, 2, s. 4 (As to applicability and watin-
<br />gency provisions, soe 1991 Session Lsws, Ex
<br />Sesa., c. 2, e, 7); Lee (ae to Part 4 and Ct.S.
<br />153A-58): 1989, e. 195, as. 4, 5 (effective June 1,
<br />1989, but only applicable to resolutions ap-
<br />proved on or before Aug. 1, 1990), as amended
<br />by 1989, c.. 770, s 43~ LEe (as to 1;'art 4 end G.S.
<br />153A-58): 1989, c. 195, se. 4, 5 (effective Juna 1,
<br />1989, but ottly applicable to resolutions ap-
<br />proved on or before Aug. 1, 1990), as amended
<br />by 1989, c 770, s. 43.
<br />CASE NOTES
<br />Cited is Ratclifi v. County of Buncombe, 759
<br />E2d 1189 (4th Cir. 1985); Ratdiff v. County of
<br />Buncombe, 663 F Supp. 1009 (~yD,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 eloction all members of the board shall be elected.. A simple
<br />majority of those elected shall be elected fortwo-year terms, and the remaining
<br />members shall be elected for four-year terms. The candidate or cagdidates
<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 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, c. 717, s. 1; 1973, c. 822, s.
<br />l.)
<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) Prescnbe 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 referendum 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 be ing 60 days before and ending 60 days after any
<br />other primary a action, special election or referendum Meld in the
<br />county.
<br />Upon its adoption, the resolution shall 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 Modifioation -Craven: 2001-d~47, s.
<br />1 (applicble only to resolutions adopted before
<br />Janusry 1, 2002); Daze: 1991, Ex. Seas., c. 2, s.
<br />1 (As to applicability and contingency provi-
<br />sions, see 1991 Session Laws, Ex. Seca., c. 2, s.
<br />1
<br />7); Lee: 1989, c. 195, s.. 1 (effective June 1, 1889,
<br />but Daly spplicable to resolutions approved oa
<br />or before Aug. 1, 1990); Wayne: 1987, e, 119
<br />(only applicable to resolutions approved on or
<br />before Nov. 30, 1988).
<br />925
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<br />T-373 P02/04 U-887
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