N.C. Gen. Stat. » Chapter 160A
NC General Statutes

N.C. Gen. Stat. § 160A-12 (2026)

Exercise of corporate power

✓ current as of July 2026
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All powers, functions, rights, privileges, and immunities of the corporation shall be exercised by the city council and carried into execution as provided by the charter or the general law. A power, function, right, privilege, or immunity that is conferred or imposed by charter or general law without directions or restrictions as to how it is to be exercised or performed shall be carried into execution as provided by ordinance or resolution of the city council. (Code, s. 703; Rev., s. 2917; C.S., s. 2624; 1971, c. 698, s. 1.)

 

§§ 160A-13 through 160A-15.  Reserved for future codification purposes.

 

Article 3.

Contracts.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1988–2023 · leading case: State on Relation of City of Albemarle v. Nance, 831 S.E.2d 605 (N.C. Ct. App. 2019).
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State on Relation of City of Albemarle v. Nance, 831 S.E.2d 605 (N.C. Ct. App. 2019). · cites it 6× “The trial court heard the Nances' motion to dismiss, wherein they argued N.C. Gen. Stat. § 160A-12 required the city council to have passed a resolution authorizing the filing of the complaint.”
Town of Midland v. Harrell (N.C. 2023). · cites it 20× “According to defendants, N.C.G.S. § 160A-12 required the Town Council to adopt a resolution authorizing the lawsuit before the Town filed the complaint against defendants.”
Town of Midland v. Harrell (N.C. Ct. App. 2022). · cites it 9× “¶ 22 The power the Town seeks to exercise here is set out in the “general law” under Section 160A-175 of our General Statutes, which grants that the Town has the “power to impose fines and penalties for violation of its ordinances, and may secure injunctions and abatement orders…”
Town of Midland v. Harrell (N.C. Ct. App. 2022). · cites it 9× “¶ 22 The power the Town seeks to exercise here is set out in the “general law” under Section 160A-175 of our General Statutes, which grants that the Town has the “power to impose fines and penalties for violation of its ordinances, and may secure injunctions and abatement orders…”
State of NC (N.C. Ct. App. 2019). · cites it 6× “The trial court heard the Nances’ motion to dismiss, wherein they argued N.C. Gen. Stat. § 160A-12 required the city council to have passed a -3- STATE EX REL.”
Reid v. White, 703 F. Supp. 428 (W.D.N.C. 1988). “at §§ 160A-12, 160A-67. . Plaintiff invoked both the federal constitution’s due process clause, U.”
Rous v. City of Asheville (W.D.N.C. 2022). “§ 160A-12 (“All powers, functions, rights, privileges, and immunities of the corporation shall be exercised by the city council and carried into execution as provided by the charter or the general law.”
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