906  1.  S. B. No. 371.  AN ACT 7O INCORPORATE THE TOAN OF KURE BEACH IN THE. The General Assembly, of. North Carolina do enact: Section 1, That the Town of Kure Beach. in. the County of  COUNTY OF NEW HANOVER, STATE OF NORTH CAROLINA.  New Hanover is hereby inoorporated under the name and title of Kure Beach, and L, C. Kure, sd Lewis and C. E. Danner, and their sueces- sors in office are hereby deelared to be the governing body of the municipal corporation created by this Act, with succession during the corporate existence of Kure Beach, and shall be: styled the  Commissioners of the Town of Kyre Beach..  Sec. 8, The Town of Kure Beach shall have all. the rights,  privileges, powers, immunities and liabilities whi ch are conferred upon and are incident to incorporated cities and towns by virtue of the laws of the State of Noith Carolina, and all, such as are created, limited, modified or extended by, this Act;. but whenever this. 4ct shall be in conflict with or. repugnant to the general laws. of the State applicable to cities and towns, then this Act shall govern and control in so far as the. rights.Privileges, powers, immunities and liabilities of the Town of Kure Beach are concerned.  Sec. 3. That the corporate limits of said tom shall be Beginning at a stone at low water mark of the Atlantic.  as follows:  Ocean, said stone being the dividing point between the limits of the development in Federal Point. Towaship, County of New Hanover and State of North Carolina, known as Fort Fisher Sea Beach, and the lands owned and ocoupied by Ethyl-Dow. Chemioal. Company; running thence from said beginning point wi th the Sthyl-Dow. Chemi cal Com- pany line North 86 degrees 19 minutes Nest about. 1100 faet. to a stone thyl-Dow Chemi cal Company corner; thence in a southwestwaraly. di- a_stone, another Ethyl-Dow Chemical Company corner; thenoe with said  1300. to feet  reotion with the Ethyl-Dow Chemical Company line about.    R, $.B. No. 371. Ethyl-Dow  Chemical Company line North 86 degrees 19 minutes West  about 1350 feet to a stone, another Ethyl-Dow' Chemi cal Company  :. being in the western Iine of Ninth Avenue of the the western line of Ninth Avénue about 910 fèet to a Chemi cal Company and the adtheast corner of" a tract of and, with the aiviaing line between' the lands" of the Ethyl-Dow  comer, said stone with and along Ethyl-Dow along Chemi cal Company of the Cape  ::  thence in a'southwésbiargly direction,  plan of Fort Fisher Sea Beach; stone, said stone marking  184  the southwest corner of the lands of the  land owneà by J, L. Kure; thence North 86 degrees 19 minutes West  ana J. L. Kure 2087.7 feet to a stone in the edge Fear River; thence in a southiostwardly direction along  and with the saia eastern èdge of the Capè Fear River about 1400 feei toa stone, L. a. Kure's' southerh line; thence with saia Kure's  line South 86 degrees 19 minutes East about 3750 feetto a said stone being about 40 feet Dast' of the eastern line of Avenue, plan of Fort Fisher Sea Beach; thence southwardly and  southem stone, Eighth  A  765 Faeto-eevestern  parallei with Avenue dmgof"saie planabou  thence southestwardly and parallel with and thence southeastwardly with and along the souths about 1060 feet to low water mark of the At-  line of Fifth Avenue; along the line of Avenue wg"; line of Avenue wg";  western line of Fifth Avenue about' 1640 feet to the southe  lantie Ocean, and thence in. a northeastmardly afrection with and  saia low water mark of the AtIantic Ocean to the point of be- Sec. 4. The officers of said corporation shall oonsist  along ginning.  Mln a cormi ssioner of publid Works, and safety, who shall also serve as mayor; 'and  of a commissioner of finance,  of publio  a commissioner  such other officers as the bormi ssioners may élect! ahaz.d."ure, Lewis and C. L. Danner are' named as commissioners under this Act  Ea  the town" government ànd cohduct the same  with authority to organize" under the provisions  of" this Aot, and" the laws of the State of  :  : : : :X k  W    W*  5.  S.B. No. 371.  :  a A: : A AL. .011.  .  North Carolina governing municipal corporations, until their successors are auly eleeted and qualified. A1l owers of lots within the town Timits and all bona fide residents of said town shall have the right to vote in any election held under this Act, and shall be denominated a qualified voter, and shall have the right to vote In any election as in this Agt and by the laws of the  da A h  3    MRST R :  State of" North Carolina provided.  N Sec. 5, Mayor. The mayor shall be the chief executive  gi se:  M. D  + ' 7 :  53 : 1A45 board  officer of the town, and, subject to the supervision of the of commissioners, shall perforn all  duties pertaining to such office He shali do and perform ali duties provided or prescribed by law or by the ordinances of the town, not expressly delegated to any other person. He shall have general supervision and oversight over the departments and offices of the bown. govermment and shall be the chief representative ot the town and shall report to the board any failure on the part of any of the offigers of his oF any. other. de- partment to perform their duties. and shall preside at all meetings of the boara of commissioners. He shall :3 sign : all contracts on be- half of the town, unless otherwise provided by law or ordinançe or  siuy hie : #. S1ha Mat.  ::  14  : 175. 23 *6 1A  : :: :.  * - : ht. : 4 4  :  S.Mai  " PA H 414A5. S3a A4. MMaSAh4s. BMa", A ywh  1,.  SAA3L. itl 5 61 Kix :. :  :..: s  s *7 have A statements  h FU-A".  resolution of the boerd" of cammissioners; he shall and cause to be prepared and published, all required by law or ordinance or by  eharge of, and reports  MAs - at .4L  : Leihy, 1: resolution s.  of the board : of com-  1awli 73 nhs 1s. w. Sun: :: : 33  missioners.  :  :  SSs -7 11 w3 aase1  Sec, 6. Commi ssioner of Finance, The commissioner of  17) S $3 $.3.47  board 1.3 of commissioners  finance shall be the purchasing agent of the  of the town and all property, BAVS supplies, and material of every kind whatsoevér shall, upon the order of the board of ommissionezs, purchased by him, and wher so purchased by him the bills therefor shall be submitted to and approved by the board of commissioners before warrants A are issued therefor; when such warrants are issued they shall be signed by the saia commissioner and countersigne a by some other person designated by the board of commissioners; he shall  HA shs,  : w 43r :C 33.  be  h uik :: #    4e  S. B. No, 371.  be colleetor ef all taxes! he shall colleet all water rentss he shall issue license 07 permits as provided by laws ordinance QT resolution adepted by the board of gommisstoners; orlin the absence or inability of any edmmissioner to act. he shall rereise-temporary supervision over the department assigned to the saidreommiesioner, subjeet, however, to the power of the board of commissioners to sub- stitute some one else temporarily to perform any of. such duties; he shall have. control of all employees not by lawy ordinance or resolu- tion of the board of commissioners apportioned or assigned to some other departments he 'shall have charge ef and supervision over all aecounts and records of the town, land aecounts of'allerfioors)  agentss and departments required by law OT by. the" board of çommis- sioners to be kept for mad de! he shall regularly atlesst once lin three (3) months inspect or superintend inspection of all records or aecounts requirad to be képt in any of the offides or departments of the oitys and shell cause proper accounts end records to be. kepti and proper reporbs to be: made,and shallyacting for the board of commi ssioners, audit or cause to be audited by an expert accountant, if he deems it necessary, annuallyy the: accounts" of every employee who does o3 may recetve or disburse moneys end he shall publish o7 cause: to. ba. published annually statemen ts showing" the finangial condition of the. towns he shall-examine or cause to: be eramined all: accountss payrolls, and. alains before. shey are acted on or allowed unless otherwise provided by law or by: order of 'the board of commissioners; he, shall colleot all license fees, franchise taxes, rentals, and other moneys: whieh may be. due or become due to the town; he shall report: the f'ailure on the part of any person, firm or corporation to pay money due the town, he shals: report to. the board of" commi ssion ers any failure on the part of any person, firm or corporation to make. sueh reports as are required by laws ordinanee er order of the board of commissioners- to: be' made, and  officer or  F.E 91 : : :. :. ::    S.  S. Bo. 371.  slist, riske such recsmmendations h referende tereta S he may déon pvopere The 455eEasyaatiSer" So dleres soi absorneys ad thefr raspectige officars ar départmentisy sd 813 employees hereins md all boskkéepers tind Rocounterbs ae apporbioned and assignea to the depertent ot finace and shall be uder the diressicn anis smpervision  thre egtissiorer shsreot. Me shalt do and perfdnt any ad a her sevites didered by the" bosra not here-  in expressly conferred. ugon soe otass deparbuent.  Ser, 7. Comissioner e Rublte Works, Tas camissioner  of puplip works: shalz have'authority 'and charge dver a13 the publie orks not' herein expressly given to soe other departmenty ths. 09 struetions eloansings ans repair ef the streets snd publie placess the eragsion of bildings fo she sous making and corstraction of aT obher improyementsy pavings surbings sldevalks, bridges, via- duets, ud the wepaly thoreoty he shsl approve all estimaites at the tomn engineer sf thp dost of publta worksy ana recomment te the bonre of commissloners the cdebtarce dr sis ork one'oHlapy-ammat mades when. dompletea aecording ta soitracty and perfort susk otier dsies witi reference 0o sudk otherr matters S may be recutred by Law, ordinanbe a order of. ths board of comaissionersi se shall leave eoatrols manadeent, # sa drection of a11 msite grounds, briages, Viedctsy subwaysend bunaines not Otherise assiznod hevetn to sons othez Geparsmenty he hdnl aVe spervisto si the enforcement of the provisions of Bar axia the eraiesntas relattag to stroetss publie sqares sad plecess ant the control of the placing ef B1A2 boerds and strcet waste paper receptecless ns shait have supervision over the puplzo-servlce sbilities not Othermise assiged 8o BGIE other departmens and al3 personsy fimis a edrporations tendering servica' in the. tom or States not otherwisg sssignea te sa ather departaent; be shalz have contnol of the location electrie power limesy sas mains, balephone and telegrsph wiress md anl sther things placad by publie-servics corporations fn, along, uder 67 avas the    A  Soisril streets, offieeis as may af 'franenise on' he part' or" Poonaitions 4 in sary  and shall report to the board- of" commissioners of eity :  be appointed by them- boi receive his reports any. granted by the'oity o Sbatiey land- shall report any failuz of"sudh"Fim, ox corporation to observe the' requirements d sueh fraichise," oontract et grante He shall ach :  servioe under  fatlure of such" person b7 corporation to render: proper  control Fof the board of commissionerse  for the town: sbjedt'to'tre  securing a11 rights or way Vand easehents corinécted-with and. neces and dontrol' of ailbildingsi grounds, "and apparatusooaneoted. theze with" and incident to thé furnishing of water Tor thé tom; he- shall and' the operation theréof, He'shsil "havéiontolvana, suparvision  to the  bf Water for the stownis he shala have supervision  suppiy  the érection of water tanks and laying of water lines  superintend  ne' 'shell'have charge andicontrol over. the lna à1i'other arrieers-ând employeesofithe depart-  over the sewer systen; sewer inspectors  sahi  thetown enginéer-and-all iemploye  ment of sewerse "The depaktmant'of  therein," the départment bf"streets, parxaypwaslaineww ghdgallaem- sioner-o of pubiie. wbrks.rhe saia commissioner shalla have. supervisic  sataepirt,all be ander the contzol of the commi  ployeès in  condition the  and 1 control, and it shall be his duty to keep in good  and public  parks in he tovn or belonging to. the.towls  streets, subject he upon  to 'the supervision" aind' eontrol of the" board of pommi ssioner shall do and perform alT other servi ces" ordered Nay the boardy or that may be orderéa by the board, ret Mniwpmy.ar  some dther aépartinent t. A 15 Syaaint 11-47939  "Sèc. 8; Comnissioner of Piblie Safety. Mthe commi ssionez  ot publid safety fwhd'is"aiso méyors maewswPalw sioners, and shali'have powér" to egeramyuplatae chiefiof police' and' baké charges ---------  the supervision afd control of.theihoard of comai  force, subjéeti-to'  aireètfon" wrwatee in. the and his direetion shall be binding upon all suc  have power to'givé police department,    7.  S. B. No. 371.  officers and employees; subject to the control of the boara of com- missioners only; he shall have charge of the police stationss. jailssa and property and apparatus gonnected therewi th; he. shall have charge of the electrical inspector, plumbing inspector. building inspecters. market-house and the employees. conneeted therewiths and all appara- tas and property used thereini he shall haye, charge and supervision. and direction over all officers and employees. in his, deparimenti. he shall be charged with the, duty of. enforcing all ordinances.and reso- lutions relating to traffie in the publie streets, alleys. and publie ways, on and across railway lines and through, and, over publie parks and other publie places; he, shall,. to. the. extent, that the same. is now. eommitted to or required of said tom, subject. to,the poard of health of the county and town, and subjeet.. to all erdinances, rules and ragulations of the said board, have. charge of the enfor cement of all, matters relating to health anê sanitation within. the town, excapt as, may be in this Act otherwise prescribed, He shall be authorized to enter upon private. premises for, the purpgse of 4geharging.4Ae." *-s duties hereby imposed upon him, but sha.l not have the.right, to enter a dwelling house over objeetion of the gwner or. tenant exgept when,  authorized. recommend  Sec. 9. It shall be the. duty of each commi ssioner, to to the town purchasing agent the purghase of goods and the  contract for all things neeessary to be contracted for in nis departr ment, and these recommendations shall be submitted to the board of commissioners for its prder with respect thereto. : :  Sec. 10, The board of commissioners has and shall, exerei se  all legislative powers, functions and duties conferred uppn the town or its offioers. It shall make all orders for the doing of work or the making or construction of any improvements, bridges oF buildingse It shall levy all tazes, apportion and appropriate all. funds, audit and allow all bills and accounts, payrolls end glaimss, and, order, S6  u 9T757 6: 31    8.  S. B. No. 371.  payment thereof. It shall make" all assessments for the cost'of street improvemen 6s, side walks, sewers, and other works improvemen ts, or repairs which may be specially assessed. It-shall'make OF authorize the making of all contracts ana no eontraets shall bind of be oblig- atory upon the town unless either thade by ordinance or resolution adopted by the board of" commissioners or reduced to writing and' ap- proved by sald board, OP 1 expressly authorized" byt ordinance or reso- lution adopted by the board. A11 contracts and all ar dinan ces and resolutions making contracts shell 'be àrawn by" the towr attorney or submitted to such offider before the same are made'er passed. - AIl heads of departments, agen ts and émployees are the' agênt ts" of the board of commissioners only, and all thefr 'actis" sheli-bésibject to review and to approval or revocation by" the' board of comiissioners! Every head of departments, suiperinten.dent," agent, empioyee, or offi eer shall from time to tine, as required by iaw or erdinandes oP wheh-requested by the board of coimissionèrs, or Whenever he" shall deem necessary for the gooa of the Sublie'bervide, report" othe bbara br comnls- 1AN sioners in writing respecting the business bf his departmenit, offi- cers, or employment, a11 matters connected' therewith. The board af commissioners may, by' ordinance O7 resolution, assign to'a" head of à departmant, or officer, employment and such 'servi de shall be rendered without additional dompensation. The board of" commi ssioners shsll elect and have authority_over the tovn clerk who 'shall be the Clerk  of the board of commis ssioner.  1A  :  Sec, 11. That éach menit ber of the" bo ard of commissioners  shail devote such of his time ànd attention to the perfomanderof the public duties herein mentionea as is ne céssary to fully earry  ' A 9 8A 45 M4s 1#  out the same.  Sec, 12. Nomination arid'éarididatés. All'candidates to be  voted for at all general muni eipal'élections aélwhiohtimb'a'n mayor, commissioner or any other éleétite" offteer isto be élected under the provision of this Aet, shall be nominated by the primary election    9,  s. B. No. 371.  and no. pther name shall be placed, upon the general pallot. exdept. those nominated in sueh primars. in the manner presgribed by law, But until such general election is held, L. G, Kure,. Ed Lewis and G. E. Danner are appointed under this Act to serye as commissioners until  the first Tuesday in. June, A, P,a 1949.  Two of the commissionerg. provided for in. this Aet, whether elected or appointed, shall be free, holders and bonafide residents  of New Hangver County, North Carolina.  Seç, 13, Salaries. Theimmayor and. mieaseraallaare  office at the town hall. The çompengation of. the mayor: and commis- sioners shall be as follows: Mayor and commissioner of publio.gafety, menty-tive,dollare (925.00) per. annum; gommissioner ofpublie works and commissioner of finance, twenty-five $825.00), dollars eaph per annum. Salaries shall. be paia in equal monthly installments.  Seç. 14. Nomination and flection of dommissioners. The  mayor and commissioners provided for in this Aet shall at the regular general election in. said, town any the. first Tuesday after shefirst Monday in May, 1949,. hold office, for the term of., two years and until his sueçessor is elected anq qualified. The commissioner. of finance shall hold office for a tern af twe years and until, his successor is elected and qualified. The commissioner of publig works shall hold office for the term of two years and until his successor is elected and qualified, On the first Tuesday after the. finst Bonday. in May, : 1949, and every tvo years thereafter, there shall be elected a successor/to thet commissioner oF pommissioners whose term or terms of office shall, expire in. such year. 411. commissioners. elected. after  or successors  the year 1949. shal3 hpla office for a term of two: yearse  Sec. 15, Candidates. for. the office. of mayos. and commis-  sioners, at the first eleetion hereunder and evers. two Jears, there- after, shall be hominated at. a primary election which shall be held under such laws as are now in force or may. hereafter, pe enacted in. k    10. S.'B, No. 371.  relation to State primary elections in North Carolina, but all can- didates to be nominated or elected under this Act shall be noninated and elected by electors of said town at large. If, in any primary election, any candidate shall receive a majority of all votes cast for all candidates for the particulat office, such person shall be the candidate in the general election. If there be more than two candidates for a particular office and no one of such candidates shall receive a majority of the total votes east for all candidates for such office, then the two candidates receiving the highest vote in the primary shall be dandidates in the general election.  Sv  i3 w44wSu  See 16. The county board of elections of New Hanover  Gounty shally before the beginning of the registration period for the primary and general elections in the year 1949, and as often thereafter as may be necessary, establish and name the voting pre- oincts in said town and define the territory covered by the re-  spective precincts,  Sec. 17. No name of any person as a candidate for mayor  or commissioner under this Aet shall be placed upon the primary ballot unless and until at least ten days prior to the date fixed for holding such primary, a written notice for which, signed by at least five qualified voters of said town, shall have been filed with  the chairman of the town board of elections.  Sec. 18. The terms of office of the mayor and cammissioners  elected under this Act shall begin at noon on the first Puesday in June of the year in which they are elected, and until the beginning of the terms of office of the mayor and commissioners eleeted under the Act at the election to be held in the year 1949, the governing body of said towr as now constituted shall continue in office.  Sec. 19. That this Act shall be in full force and effect In the General Assembly read three times and ratified, this  from and after its ratification. the 5th day of April, 1947.    u*  11. S.B, No. 371.  L,Y. Ballentine President of the Senate. Thos. J. Pearsall  Speaker of the House of Representatives.  Examined and found correet,  Jno, 0. Rodnan For Committee.