NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 416

HOUSE BILL 693

 

 

AN ACT RELATING TO THE WARDS AND THE ELECTION OF THE MAYOR AND THE BOARD OF ALDERMEN OF THE CITY OF SHELBY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The City of Shelby shall be divided into six wards as follows, and to be known as follows, to wit:

Ward One. All that portion of said city lying between the line beginning in the center of said city as aforesaid and running thence due East to the corporate limits and the main line of the Seaboard Railroad track and Ward Four.

Ward Two. All that portion of said city, lying between the line beginning in the center of said city as aforesaid and running thence due South to the center of East Elm Street and Ward Five and Ward One.

Ward Three. All that portion of said city lying between the line beginning in the center of Shelby and in the center of the courthouse as it is now located and running thence due West to the corporate limits of the city and the line beginning at said center of said courthouse and running due South to the center of Elm Street and Ward Five as hereinafter described.

Ward Four. All that portion of said city lying between the line beginning in the center of Shelby and running thence due West to the corporate limits of the city and the line beginning at said center of Shelby and running thence due North to the said city limits.

Ward Five. All that portion of said city and lying within the following described area: BEGINNING at a point at the intersection of the center of Wesson Road with the center of Lackey Street Extension, and runs thence with the center of Wesson Road to the point of intersection of Wesson Road with Charles Road; thence with the center of Charles Road to the point of intersection of the center of Charles Road with the center of West Elm Street; thence with the center of West Elm Street to the point of intersection of the center of West Elm Street with the center of Hamrick Street; thence with the center of Hamrick Street to the point of intersection of Hamrick Street with the center of Royster Avenue; thence with the center of Royster Avenue to the point of intersection of Royster Avenue with the Southern Railroad tract; thence a straight line to the point of intersection of the center of South Lafayette Street with the center of East Elm Street; thence with the center of East Elm Street to the point of its intersection with the center of Parkview Street; thence a direct line from the end of East Elm Street to a point where Earl Road intersects with the city limits line of the City of Shelby; thence with the city limits line to the place of BEGINNING.

Ward Six. All that portion of said city lying between, and north of, the main line of the Seaboard Railroad track and Ward Four.

Sec. 2. The corporate powers hereby vested in the City of Shelby shall be exercised, controlled and managed by a board of aldermen and a mayor for said city. Said aldermen of said city shall form one body to be known as the board of aldermen and a majority of them shall constitute a quorum and be competent to perform all duties. The board of aldermen shall consist of six aldermen, one for and from each ward aforesaid.

Sec. 3. The first quoted paragraph of Section 1 of Chapter 252 of the Session Laws of 1939 is rewritten to read as follows:

"There shall be an election by the qualified voters of the City of Shelby on the first Tuesday, after the first Monday of May, 1963, and on the first Tuesday after the first Monday of May, every two years thereafter, and at the election held on Tuesday after the first Monday in May, 1963, and every four years thereafter, three aldermen and a mayor shall be elected, one alderman for each and from each of Wards Two and Three of the said city and one alderman for and from the ward in said city in which the aldermen elected at the aforesaid special election receives the smaller number of votes and for a term of four years each, and at the election held on Tuesday after the first Monday in May, 1965, and every four years thereafter, three aldermen shall be elected, one alderman for each and from each of Wards One and Four of the City of Shelby and one alderman for and from the ward in said city in which the alderman elected at the aforesaid special election receives the larger number of votes and for a term of four years each. The mayor and aldermen elected as above prescribed shall hold office until their successors are elected and qualified, unless a vacancy occurs by death, resignation or otherwise."

Sec. 4. That the governing body of the City of Shelby shall within ninety days from the date of ratification of this Act cause to be submitted to the qualified voters of the City of Shelby at a special election called by the governing body of said city for that purpose the election of an alderman from Ward Five and an alderman from Ward Six; the successful member of the board of aldermen elected at said election receiving the larger number of votes shall be elected for a term beginning the day following his election and ending on June 30, 1965, and the successful member of the board of aldermen at said election receiving the smaller number of votes shall be elected for a term beginning the day following his election and ending on June 30, 1963, or until their successors are elected and qualified.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. 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 12th day of May, 1961.