NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 360
HOUSE BILL 513
AN ACT TO AMEND CHAPTER 173 OF THE PRIVATE LAWS OF 1927, AS AMENDED, RELATING TO THE CHARTER OF THE FAYETTEVILLE GRADED SCHOOLS.
The General Assembly of North Carolina do enact:
Section 1. Chapter 173 of the Private Laws of 1927, as amended by Chapter 204 of the Public-Local and Private Laws of 1941, as further amended by Chapter 1028 of the Session Laws of 1953 pertaining to the Charter of the Fayetteville Graded Schools, be, and the same is, hereby amended in the manner hereinafter set out.
Sec. 2. The Fayetteville City Board of Education (formerly known as the Trustees of the Fayetteville Graded Schools), shall consist of twelve members who, at the time of their election, shall be bona fide residents of, and qualified voters in, the area from which they are elected. There shall be two members elected from each of the four areas hereafter described, in the Fayetteville City School District in Cumberland County and four members elected at large from the whole school district without regard to area residence. Any territory heretofore or hereafter added to the school district in the manner provided by law shall be considered a part of the area to which it is contiguous. The terms of office of the members of the Fayetteville City Board of Education to be hereafter elected shall be six (6) years commencing from the first Monday in June of the year in which they are elected. The four areas now constituting the school district are as follows:
AREA #1. Beginning at the intersection of the Cape Fear River and the southern city limits, same being Belt Boulevard Extended, and running thence with the city limits and Belt Boulevard to the Wilmington Road otherwise known as Highway #87; thence with Highway #87 to Gillespie Street; thence with Gillespie Street northwestwardly to the Market House; thence with Green Street and Ramsey Street otherwise known as U. S. #401 northwestwardly to the intersection of Law Road, same being also the present city limit line; thence with the city limit line eastwardly crossing Evans Pond and following its outlet to the Cape Fear River; thence with the river to the beginning.
AREA #2. Beginning at the Market House and running thence with Hay Street and Morganton Road westwardly to the intersection of Morganton Road and the Headwaters of Branson Creek; thence with Branson Creek southeastwardly to its intersection with the city limit line; thence continuing with the city limit line southeastwardly to the Aberdeen and Rockfish Railroad where it crosses Raeford Road; thence with Raeford Road to its intersection with Fairway Drive, same being also the city limit line; thence following the present city limit line along Fairway Drive to the Highland Country Club and skirting the northern margin of the Highland Country Club to the intersection of the city limit line and Branson Creek at the eastern edge of Forest Lake; thence northeastwardly along a line parallel to and 200 feet northwest of Turnpike Road to the intersection of such line with Ellis Street Extended; thence with Ellis Street to a point 150 feet East of the Bradford Avenue intersection; thence a direct line to the intersection of Pine and Winslow Streets; thence with Winslow Street to its intersection with Driver Street; thence eastwardly to the intersection of Blounts Creek and the ACL spur track; thence continuing with Blounts Creek to its intersection with Gillespie Street; thence northwestward with Gillespie Street to the beginning point at the Market House.
AREA #3. Beginning at the intersection of Hay Street and Oakridge Avenue and running northwestward with Oakridge Avenue and Oakridge Avenue Extended to Bragg Boulevard; thence westwardly with Bragg Boulevard crossing the intersection of Glenwood Drive to the bed of a stream lying between Westmont and Glenwood Drives; thence with the bed of the stream northeastwardly to Glenville Lake; thence with Glenville Lake and Little Cross Creek westwardly to N. C. Highway #59; thence with it southwestwardly to Cain Road; thence with Cain Road eastwardly to Clarks Pond #1; thence crossing Clarks Pond #1 and Clarks Pond #2 and following the channel of the connecting creek westwardly to the city limit line about 100 feet West of Northhill Road; thence with the city limit line and a direct extension thereof southwestwardly to N. C. Highway #87 and otherwise known as Bragg Boulevard; thence eastwardly to a point halfway between Stamper Road and Elm Street; thence southwestwardly to a corner of the city limit line and following the city limit line to Hybarts Branch; thence with it to Morganton Road; thence with Morganton Road and Hay Street eastwardly to the beginning point at the corner of Hay Street and Oakridge Avenue.
AREA #4. Beginning at the Market House and running northwestward with Green Street and Ramsey Street, otherwise known as U. S. #401, to the intersection of Bartow Drive, same being also a corner of the present city limits; thence with the present city limits to a corner just South of the intersection of the Rose Hill Road and Country Club Drive; thence continuing with the city limits line southeastwardly to the intersection of a branch coming from Lafayette Memorial Park; thence westwardly to the intersection of Gola Drive and Primrose Drive; thence along Gola Drive and Gola Drive Extended to a point 150 feet northwest of Jasper Street; thence with a line parallel to and 150 feet northwest of Jasper Street and Butler Street to its intersection with the Murchison Road; thence crossing Murchison Road and running southwestwardly along a line parallel to and 200 feet northwest of Pennsylvania Avenue to Little Cross Creek; thence with it to a point in Glenville Lake about 500 feet South of the intersection of Church and Council Streets; thence southwestwardly crossing Glenville Lake and following the bed of a stream which constitutes one of its tributaries in a southwestwardly direction to its intersection with Bragg Boulevard; thence with Bragg Boulevard eastwardly to the intersection of Oakridge Avenue Extended; thence with Oakridge Avenue Extended and Oakridge Avenue to the beginning.
Sec. 3. On the first Tuesday after the first Monday in May, 1965, and biennially thereafter, or at the time for the regular election of the Mayor and City Council of the City of Fayetteville, an election shall be held by the qualified voters residing within the boundaries of the school district to elect four members of the Fayetteville City Board of Education. Such election shall be held under the same rules and regulations governing the election of the Mayor and City Council of the City of Fayetteville and the same registrars and judges of election who serve in the city election shall likewise serve in the election of members of the Fayetteville City Board of Education. If no election shall be held for mayor or city council, the Fayetteville City Board of Education may cause said election to be held at said time, appoint the necessary judges and registrars and give such notice as may be required by law. Such election shall be held in the same manner and under the same rules as are now or may hereafter be provided for the election of the mayor and city council aforesaid.
Sec. 4. The terms of office of the present members of the Fayetteville City Board of Education shall expire as follows:
(a) On the first Monday in June, 1965, Mrs. Dan S. Currie, Jr., (Area #3), Dr. John M. Harry (Area #4), Luther B. Black (At Large), and one member to be elected at the next city election from Area #3.
(b) On the first Monday in June, 1967, Allie Atkinson (Area #1), Rupert E. Bullard (Area #1), J. W. Hensdale (At Large), and J. Mel Thompson (At Large).
(c) On the first Monday in June, 1965, J. Harvey Oliver, Jr. (Area #4), L. L. Rouse (Area #2), Mrs. Harry B. Stein (Area #2), and Neill A. Currie, Jr. (At Large).
All members of the Fayetteville City Board of Education shall serve until their successors are duly elected and qualified.
Sec. 5. Nominations of candidates for members of the Fayetteville City Board of Education shall be made by the qualified voters of the area from which they are to be elected, or by the qualified voters of the whole school district in the case of members at large. Such nominations may be made by primaries or conventions and under such rules and regulations as the Fayetteville City Board of Education may provide, but due notice shall be given of the time, place and manner of making such nominations. Whenever a vacancy occurs in the membership of said board, other than by the expiration of the term of office, the board itself shall fill the vacancy by majority vote for the unexpired term at one of its regular meetings, subject to the provisions of this Act as to the residence and qualifications of members of the board.
Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 7. 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 6th day of May, 1963.