INDEX Bookmark Example

Office of City Attorney

INDEX

Chapter

Subject

1 2 3 4 5 6 7 8 9

Authority to Exercise Powers

Relationship of Council with City Management

Ground Rules for Council Meetings Council Parliamentary Procedures

Matters Delegated to Staff; Required Public Hearings

Open Meetings Law; Closed Sessions

Conflicts of Interest

Prohibition on Receiving Gifts and Favors

Ethical Responsibilities

10 11 12 13 14 15 16

Liability of Council Members

Public Records

Boards and Commissions Rezoning Real Property

Economic Development Program Water and Sewer Extensions

Equal Employment Opportunity; Affirmative Action; Minority/Women’s Business Enterprise Program (M/WBE)

17 18

City Employee Political Activity Status of City’s Insurance Coverage

1

DATE:

August 11, 2022

TO:

Mayor and City Council

FROM:

Charles D. Watts, Jr., City Attorney

SUBJECT:

Municipal Government – Derivation of Powers

Chapter 160A, of the North Carolina General Statutes is devoted to municipal corporations. In addition to Chapter 160A, there are many other parts of the General Statutes that apply tomunicipal government. Afewof the basic powerswhich are given to cities and towns are: to sue and be sued; topurchase property andmake contracts; to annexproperty, regulate streets, water and sewer, and parks and recreation, and zoning; to grant public franchises, to levy and collect taxes; and to provide for the general government of its inhabitants. These and the many other specific powers granted to a municipalitymay only be exercised by the CityCouncil, which is elected by the people as the legislative body of the City. The City of Greensboro operates under a Charter enacted by the North Carolina General Assembly. The last new Charter was enacted as Chapter 1137 of the Session Laws of 1959 and has been amended over the years to grant additional powers unique to the city of Greensboro. The Charter outlines the general organization, powers, and functions of the City. It also defines in detail the boundaries of the City's corporate limits. Supplementing the Charter are local legislative acts passed by the General Assembly and having particular application toGreensboro. Under the authority of the State Charter, the City Council may adopt ordinances which have the effect of law and are compiled as the "Code" of the City of Greensboro. As an example, zoning regulations and the annual budget are enacted into law as ordinances. A large portion of routine Council action is in the formof resolutions. Resolutions are adopted, for example, to authorize contracts and to approve changes in policy regarding City government operations. Finally, the Council passes motions to approve, for example, appointments to various Boards and Commissions. All cities are creatures of the State; that is to say that cities have no inherent powers. For years courts had ruled that cities only have those powers which the State specifically delegates to them. Phrased another way: "Amunicipal corporation is a political subdivision of the State and can exercise only such powers as are granted in expresswords, or those necessary or fairly implied or incident to the powers expressly conferred, or those essential to the accomplishment of the declared objects and purposes of the corporation." (Stephenson v. Raleigh, 232 N.C. 42, 59 S.E. 2d 195 (1950). This longstanding legal proposition is commonly referred to as Dillon's Rule. In 1971, the General Assembly passed NCGS 160A-4, giving broad construction to the powers of cities:

"It is the policy of the General Assembly that the cities of this State should have adequate authority to execute the powers, duties, privileges, and immunities conferred upon themby law. To this end, the provisions of thisChapter and of city charters shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect: Provided, that the exercise of such additional or supplementarypowers shall not be contrary toState or federal lawor to the public policy of this State". In BellSouth Telecommunications, Inc. v. City of Laurinburg, 168 N.C.App. 75, 606 S.E.2d 721 (2005), the Court reconciledDillon's RulewithNCGS 160A-4, stating:

"The narrow Dillon's Rule of statutory construction used when interpreting municipal powers has been replaced by N.C. Gen. Stat. § 160A-4's mandate that the language of Chapter 160Abe construed in favor of extendingpowers toamunicipalitywhere there is an ambiguity in the authorizing language, or the powers, or the powers clearly authorized reasonably necessitate 'additional and supplementary powers' to carry them into execution andeffect.However,where the plainmeaningof the statute iswithout ambiguity, it 'must be enforced aswritten".

It appears, for the time being, that the longstanding proposition of Dillon'sRule shall not be the only determinative factor used by courts in determining the powers of municipalities. This could open the door for cities to lay claim to additional powers, whichmay be implied by Statute. CDW/jgs