MISCELLANEOUS PROVISIONS

Raleigh City Charter art. VII

in effect

Raleigh City Charter, art. VII, § 7.1 CIVIL ACTIONS AGAINST CITY; NOTICE TO CITY COUNCIL BEFORE BRINGING SUIT.

Sec. 7.1 - CIVIL ACTIONS AGAINST CITY; NOTICE TO CITY COUNCIL BEFORE BRINGING SUIT. (a) No action shall be instituted or maintained against the City of Raleigh upon any claim or demand whatsoever, of any kind or character, until the claimant shall have first presented his or her claim or demand in writing to the City Council, who shall have declined to pay or settle the same as presented or for ten days after such presentation neglected to enter or cause to be entered upon its minutes its determination in regard thereto; but nothing herein contained shall be construed to prevent any statute of limitation from commencing to run at the time such claim accrued or demand arose, or in any manner interfere with its running. (b) No action for damages against the City of any character whatever, to either person or property, real or personal, including damages for the taking and/or appropriation of private property of any kind, shall be instituted against the City of Raleigh, unless within ninety days after the happening, or the infliction of injury or damage to person or property, or the taking or appropriation of property, or other act of the City complained of, the complainant, his executors or administrators, shall have given notice in writing to the City Council of the City of Raleigh of such injury, damage, taking, appropriation, or other act complained of, stating in such notice the date and place of such injury or damage, the taking and appropriation of property, the manner of such infliction or other action complained of, the character of the injury or damage, and the amount of damages claimed therefor; but this shall not prevent any time of limitation prescribed by law from commencing to run at the date of the happening of such injury or damage, taking or appropriation of property, or other act complained of, or in any manner interfere with its running.

Raleigh City Charter, art. VII, § 7.2 COMPUTATION OF TIME.

Sec. 7.2 - COMPUTATION OF TIME. In all provisions of this charter and the ordinances that are now or to be hereafter enforced in the City of Raleigh, that fix any time for doing or performing any act, the time shall be eastern standard time, and all persons, firms and corporations who are granted license by the City, shall be held to have accepted the same on the conditions that the same time shall govern; provided, that in the event what is commonly known as daylight saving time shall be adopted by the City Council or otherwise by law, then in such event such time shall be considered to be in force and effect with respect to the provisions of this section in lieu of eastern standard time.

Raleigh City Charter, art. VII, § 7.3 CONSOLIDATION OF DEPARTMENTS.

Sec. 7.3 - CONSOLIDATION OF DEPARTMENTS. The City Council of the City of Raleigh is hereby authorized and empowered, in its discretion, to combine and consolidate, any two or more departments, or to discontinue any department, herewith provided for when deemed wise or expedient for saving or efficiency.

Raleigh City Charter, art. VII, § 7.4 PARTIAL INVALIDITY SECTION.

Sec. 7.4 - PARTIAL INVALIDITY SECTION. If any clause, sentence, paragraph, subsection, section or any part of this act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the part thereof directly involved in said judgment. If any part of clause of this act shall be declared unconstitutional, and if such part so declared unconstitutional embraces subject matter controlled and provided for by any law, public or private, in effect at the time of the adoption of this act, such pre-existing laws shall continue and remain in effect, notwithstanding any repealing clause contained herein.

Raleigh City Charter, art. VII, § 7.5 CONFLICTING LAWS REPEALED.

Sec. 7.5 - CONFLICTING LAWS REPEALED. Except as specifically incorporated into the provisions of this act, the following laws are hereby repealed; Chapter 59 of the Private Laws of North Carolina 1913; Chapter 60 of the Private Laws of North Carolina 1913; Chapter 63 of the Private Laws of North Carolina 1923; Chapter 207 of the Private Laws of North Carolina, 1927; Chapter 11 of the Private Laws of North Carolina 1933; Chapter 112, Private Laws 1935; Chapter 552 of the Session Laws of North Carolina 1945; and all other laws and clauses of laws in conflict with provisions of this act are hereby repealed; provided that nothing in this act shall authorize or empower the City to fix, supervise or control the rates and services of any public utility which are now, or may hereafter be subject to jurisdiction of the North Carolina Utilities Commission, and provided that nothing in this act shall have the effect of authorizing or empowering the City to assess, levy or collect any franchise, license or privilege tax which the City is now, or may hereafter be, prohibited from assessing, levying or collecting under and by virtue of the provisions of the North Carolina Revenue Act or other public laws; provided, further, that the provisions of Chapter 246 of the Public-Local Laws of North Carolina, Extra Session 1921, insofar as applicable to the City of Raleigh, are hereby repealed; provided, however, that all powers, duties, functions and authority vested by any statute not hereby repealed, in the Board of Commissioners of the City of Raleigh, howsoever designated, or in the several commissioners of the City of Raleigh, howsoever designated, shall be vested in the City Council of the City of Raleigh and shall be performed, exercised and administered by the City Council or the City Manager of the City of Raleigh in accordance with the terms and provisions of this act.

Raleigh City Charter, art. VII, § 7.6 EFFECTIVE DATE.

Sec. 7.6 - EFFECTIVE DATE. This act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified, this the 23rd day of April 1949.

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVICH_ARTVIIMIPRFetched: 11/1/2026