Sec. 3.1. - Composition of governing body.

The governing body of the Town of Chapel Hill shall consist of a mayor and an eight-member council, which shall also constitute the legislative body of the town.

Sec. 3.2. - Business at organizational meeting.

The organizational meeting of the council shall be the first regular meeting in December following the date of the general municipal election. The newly elected members may take the oath of office at the organizational meeting, or if unable to attend, at a subsequent meeting. At the organizational meeting the council shall choose from its members a mayor pro tem who shall hold office for a term of two (2) years, and shall appoint a town clerk and tax collector. The organization of the council shall take place notwithstanding the absence or death or refusal to serve or nonelection of one or more members, provided that at least five (5) of the persons entitled to be members are present and (if necessary) take oath.

(Acts 1981, Ch. 38, § 2)

Sec. 3.3. - Regular, special and emergency meetings.

(a)

The council shall fix suitable times for its regular meetings. The mayor, the mayor pro tem, or any two (2) members of the council may at any time call a special meeting by signing a written notice stating the time and place of the meeting, which notice shall be delivered to each member or left at the usual dwelling place of such member at least six (6) hours before the meeting. Meetings of the council may also be held at any time when all members of the council are present and consent thereto or when those not present have signed written waiver of notice. Except as otherwise provided by law, any business may be transacted at a special meeting that might be transacted at a regular meeting.

(b)

Except where otherwise specifically provided by this Charter, the council shall have authority to determine the time and place of council meetings, to make such provisions as it may deem wise relative to regular, special, adjourned and continued meetings, to adopt rules of procedure, and generally to regulate the time, place, manner and method of the exercise of its powers. No ordinance, resolution, rule or directive may be adopted, amended or repealed, however, except in a public meeting. All meetings of the council shall be held at the municipal building, unless the council otherwise provides. In the event the board is authorized or required by law to hold a joint meeting with the governing body of another municipality or political subdivision of the State of North Carolina, it may at its election meet with the other governing body at a designated place within the area subject to the jurisdiction of either governing body.

(c)

The mayor, mayor pro tem, or two (2) members of the council may call a meeting to deal with an emergency. The notice provisions of this section shall not apply to a meeting called to deal with such emergency.

Sec. 3.4. - Quorum; votes.

(a)

A majority of the members of the council shall constitute a quorum to do business.

(b)

No member shall be excused from voting except upon matters involving the consideration of the member's official conduct or financial interest. In all other cases a failure to vote by a member who is present or who, having been present has withdrawn from the meeting without being excused, shall be deemed an affirmative vote and shall be so recorded. A member who has withdrawn from a meeting without being excused shall be counted as present for purposes of determining whether or not a quorum is present. The mayor shall be excused from voting only upon the same matters as a member.

Sec. 3.5. - General powers of the governing board.

(a)

The government of the town and the general management of the town shall be vested in the governing body, except that the town manager shall have the powers hereinafter specified.

(b)

In addition to other powers conferred upon it by law, the governing body may adopt and provide for the execution of such ordinances, rules, and regulations, not inconsistent with this Charter, as may be necessary or appropriate to protect health, life, or property, or to preserve or promote the comfort, convenience, security, good order, better government, or the general welfare of the town or its inhabitants; may enforce the same by imposing penalties on such as violate them; and may compel the performance of the duties imposed upon others, by suitable penalties.

Sec. 3.6. - Powers and duties of mayor.

(a)

The powers and duties of the mayor shall be those conferred by this Charter or by general law, together with such others as may be conferred by the council pursuant to law.

(b)

The mayor shall preside at all meetings of the council, and shall have the right to vote on all issues before the council. The mayor shall be recognized as the official head of the town by the courts for the purpose of serving civil processes, and by the public for all ceremonial purposes, and shall have the power to administer oaths. The mayor is the principal representative of the council in relationships with the federal, state, and other local governments.

Sec. 3.7. - Mayor pro tem.

During the disability of the mayor or while absent from the town, the functions of the office shall devolve upon the mayor pro tem. The mayor pro tem shall preside at all meetings of the council in the absence of the mayor. A member of the council serving as mayor pro tem shall be entitled to vote on all matters, and shall be considered a member of the council for all purposes (including the determination of whether a quorum is present).

Sec. 3.8. - Applicable general laws.

Except as otherwise herein provided, the adoption, amendment, repeal, pleading and proving of ordinances shall be governed by provisions of general laws applying to cities.

Sec. 3.9. - Adoption of ordinances and resolutions.

The affirmative vote of a majority of those entitled to vote shall be necessary to adopt any ordinance or resolution.

Sec. 3.10. - Code or compilation of ordinances; providing of ordinances.

(a)

The council may adopt and provide for the issuance and distribution of a codification or compilation of the town ordinances. Any such code or compilation may consist of two (2) separate parts, the "General Ordinances" and the "Technical Ordinances". The technical ordinances may be published in sections and may include ordinances regarding the construction of buildings, the installation of plumbing or electric wiring or gas or oil appliances or equipment, and use of the public sewage system, the zoning ordinance, the privilege license tax ordinance, and other technical ordinances designated as such by the council. The council may provide for the omission from the code or compilation of designated classes of ordinances which, in its judgment, need not be included because of their limited interest or transitory nature.

(b)

Any of the following shall be admitted in evidence in all courts and shall have the same force and effect as would an original ordinance:

(1)

An official code or compilation of ordinances which:

(i)

Sets forth the ordinances in question;

(ii)

Is reproduced by the process of printing, mimeographing, photoduplication, or similar process;

(iii)

Is issued as a securely bound book or books with or without periodic, separately bound supplements; and

(iv)

Is certified by the town clerk, both as to the original volume or volumes and the supplements, as having been adopted by the governing board.

(2)

An official code or compilation of ordinances which meets the requirements of items (i) and (ii) of paragraph (1), above, but which is issued as a looseleaf book or books and is certified by the clerk as having been prepared and maintained pursuant to action by the governing board.

(3)

A photographed, typed or other copy of an ordinance, as set out in the minute books of the council or as set out in an official code or compilation of ordinances, certified by the clerk as a true copy.

Sec. 3.11. - Codification of certain zoning, traffic and related ordinances by appropriate entries upon official map books.

(a)

The council may provide that any one or more classes of ordinances concerning the matters enumerated in subsections (b) and (c) of this section shall be codified by appropriate entries upon official map books to be retained permanently in the office of the town clerk. Such entries shall be made by or under the direction of some official designated by the council. In conjunction with the introduction of every proposed ordinance concerning any of these matters a map of the affected area shall be presented to the council, but failure to present such a map shall not affect the validity of the ordinance.

(b)

The ordinances referred to in subsection (a) include all ordinances establishing or amending boundaries of any zoning district under zoning regulations.

(c)

The ordinances referred to in subsection (a) also include all ordinances:

(i)

Designating the location of official traffic-control devices;

(ii)

Designating areas or zones where restrictions, prohibitions or other controls are applied with respect to parking, loading, bus stops, and taxicab stands;

(iii)

Establishing speed limits;

(iv)

Designating the location of through streets, stop intersections, yield right-of-way intersections, waiting lanes, one-way streets and truck traffic routes; and

(v)

Establishing restrictions, prohibitions or other controls upon vehicle turns at designated locations.

(d)

Photographic copies of any part of such official map, books, certified by the clerk, shall be admitted in evidence in all courts and shall have the same effect as would the original map book.

Sec. 3.12. - Disclosure of property and business interests.

(a)

The town council of Chapel Hill may require by ordinance the disclosure by the mayor and members of the council of their, and their spouses, personal financial interests including but not limited to interests in real property and in entities doing business with the town or applying for permits or approvals from the town. The council may establish minimum percentage interests below which disclosure would not be required.

(b)

The town council of Chapel Hill may require by ordinance that the mayor and council members shall not vote on matters involving their property or business interests; provided that the council may exempt from disqualification matters such as zoning or development decisions in which all properties similarly situate would be similarly affected.

(Acts 1989, Ch. 478, § 4)