NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 694

SENATE BILL 624

 

AN ACT TO AUTHORIZE AN ELECTION OF THE QUESTION OF INCORPORATING THE TOWN OF YANCEYVILLE IN CASWELL COUNTY AND SIMULTANEOUSLY DISSOLVING THE YANCEYVILLE SANITARY DISTRICT, IN ACCORDANCE WITH G.S. 130-156.3.

 

The General Assembly of North Carolina do enact:

 

Section 1. (a)  The Board of Elections of Caswell County shall conduct a special election on Tuesday, September 14, 1971, for the purpose of submitting to the qualified voters of the area hereinafter described as the proposed corporate limits of the Town of Yanceyville the question whether or not that area shall be incorporated as the Town of Yanceyville and the Yanceyville Sanitary District simultaneously dissolved, as provided in this act. On that day, the polls shall be open from 6:30 a.m. until 6:30 p.m. Except as otherwise provided in this section, the special election shall be conducted in accordance with the provisions of law applicable to county elections.

(b)       A new registration of all qualified voters in the described area shall be conducted for the purpose of registering the names of those who desire to vote in such special election. The registration book for such new registration shall be open from Saturday, August 21, 1971, through Friday, September 3, 1971, excluding Sunday, and shall remain open on each day from 9:00 a.m. until 5:00 p.m. On the Saturdays of August 21 and 28, 1971, the book shall be kept at the polling place. On other days during the registration period, it may be kept at the registrar's home or place of business, or at the polling place, as designated in the notice hereinafter required. Saturday, September 4, 1971, shall be Challenge Day.

(c)       The Caswell County Board of Elections shall, not later than Monday, August l6, 1971, appoint a registrar and two judges of election, and designate a polling place for the special election.

(d)       Not later than Monday, August 16, 1971, the Caswell County Board of Elections shall cause to be posted at three public places in the area hereinafter described as the proposed corporate limits of the Town of Yanceyville a notice stating the time, the polling place, and the purpose of the special election; the names of the registrar and judges of election; the dates, hours, and place or places of registration; the date, time and place for challenges; that the registration is a complete new registration for the special election; that subject to a favorable vote upon the question of incorporation and the simultaneous dissolution of the Yanceyville Sanitary District, Jno O. Gunn will be appointed Mayor and will serve until the initial election to be held in 1973 and that Thomas P. Davis, Woodrow W. Foster, Charlie E. Guthrie and Robert L. Satterfield will be appointed as Commissioners of the Town to serve until the initial election in 1973. The Board of Elections may, in its discretion, also cause such notice to be published one or more times in a newspaper having general circulation in the Yanceyville community or Caswell County.

(e)       In the special election, those voters who favor the incorporation of the Town of Yanceyville and the simultaneous dissolution of the Yanceyville Sanitary District as provided in this act shall vote a ballot upon which shall be printed the words: "FOR incorporation of the Town of Yanceyville and the simultaneous dissolution of the Yanceyville Sanitary District, with transfer of the District's assets and liabilities to the Town, and assumption of the District's indebtedness by the Town", and those voters who are opposed to the incorporation of the Town of Yanceyville and the simultaneous dissolution of the Yanceyville Sanitary District as provided in this act shall vote a ballot upon which shall be printed the words "AGAINST incorporation of the Town of Yanceyville and the simultaneous dissolution of the Yanceyville Sanitary District, with transfer of the District's assets and liabilities to the Town, and assumption of the District's indebtedness by the Town."

Sec. 2.  If a majority of the votes cast in such special election shall be cast "AGAINST Incorporation of the Town of Yanceyville and Simultaneous Dissolution of the Yanceyville Sanitary District" then Sections 3 through 6 of this act shall have no force and effect.

Sec. 3.  If a majority of the votes cast in such special election shall be cast "FOR Incorporation of Town of Yanceyville and Simultaneous Dissolution of the Yanceyville Sanitary District" then Sections 4 through 6 of this act shall be in full force and effect from and after September 20, 1971.

Sec. 4.  (a)  If a majority of the votes cast in such special election shall be cast "FOR Incorporation of Town of Yanceyville and Simultaneous Dissolution of the Yanceyville Sanitary District" then until the initial election hereinafter provided for by Section 4.l of the Charter of the Town of Yanceyville, Jno O. Gunn is hereby appointed Mayor, and Thomas P. Davis, Woodrow W. Foster and Charlie E. Guthrie, being the Sanitary District Board, and Robert L. Satterfield are hereby appointed Commissioners of the Town of Yanceyville effective September 20, 1971.  Except as otherwise provided in this section, such election shall be conducted in accordance with the provisions of law applicable to county elections.

Sec. 5.  The new Town of Yanceyville shall operate the fiscal year 1971-72 under the budget of the Yanceyville Sanitary District; provided the Board of Commissioners of the Town of Yanceyville may amend the budget in the same manner as if it were a municipal budget.

Sec. 6.  The following provisions of law shall constitute the Charter of the Town of Yanceyville in Caswell County:

"THE CHARTER OF THE TOWN OF YANCEYVILLE

"ARTICLE I. INCORPORATION AND CORPORATE POWERS

"Section 1.1 Incorporation and General Powers. The inhabitants of the area described in Section 2.1 of this Charter shall be and constitute a body politic and corporate under the name of the 'Town of Yanceyville', and shall be vested with all property which may be acquired by the Town, and all rights herein delegated to it; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature.

"Sec. 1.2 Exercise of Powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, if this Charter makes no provision, as provided by ordinance or resolution of the Board of Commissioners and as provided by the general laws of North Carolina pertaining to municipal corporations.

"Sec. 1.3. Enumerated Powers Not Exclusive. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein or implied hereby, or those appropriate to the exercise of such powers, the Town of Yanceyville shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate.

ARTICLE II. CORPORATE BOUNDARIES

"Sec. 2.1. Corporate Boundaries. The corporate boundaries of the Town of Yanceyville shall be as follows until changed in accordance with Law: BEGINNING at a stake in the center of South Fourth Street (N.C. Highway No. 62), the said stake being South 0° 15' West 754.7 Ft. from the intersection of the centerlines of Main Street East and South Fourth Street, and running thence with the center of South Fourth Street South 0° 15' West 45.1 Ft. to a stake; thence still with the center of South Fourth Street South 0° 45' West 273.2 Ft. to a stake at the northeast corner of the property of Pearsons Chapel AME Church; thence with the northern line of Pearsons Chapel AME Church North 85° 46' West 348.9 Ft. to a stake, the northwest corner of the property of the said Church; thence North 29° 45' West 260.0 Ft. to the center of a manhole in the 8-inch sanitary sewer outfall serving the eastern portion of Yanceyville; thence along the center of the said 8-inch outfall the following courses and distances: South 45° 56' West 223.0 Ft. to a manhole; South 23° 48' West 173.0 Ft. to a manhole; South 71° 54' West 144.0 Ft. to a manhole; South 28° 01' West 864.0 Ft. to a manhole; South 88° 12' West 476.0 Ft. to a manhole; South 79° 45' West 300.0 Ft. to a manhole at the junction of the said 8-inch outfall with Yanceyville's 10-inch outfall along Jail House Branch; thence South 85° 21' West 1,224.0 Ft. to a stake at the southeast corner of Caswell Place Subdivision; thence along the southern line of the said Subdivision North 83° 45' West 523.3 Ft. to a stake; thence North 6° 45' East 556.5 Ft. to a stake in the southern right-of-way line of Pine Drive; thence along a line - parallel with but 155.5 Ft. west of the center of South Fourth Avenue - North 6° 45' East 976.2 Ft. to a stake 440.0 Ft. south of the center of West Main Street; thence along a line parallel with but 440.0 Ft. south of the center of West Main Street - North 80° 00' West 361.0 Ft. to a stake; thence North 21° 25' West 3,434.95 Ft. to a stake in W. L. Gunn's eastern property line, the said stake is further identified as being North 39° 24' East 40.28 Ft. from the northeast corner of Lot No. 1 of Section "B" of Fairfield Park Subdivision; thence along the eastern boundary of Section "B" of Fairfield Park Subdivision South 39° 24' West 638.05 Ft. to a stake, the same being at the rear of Lot No. 8; thence along the southern boundary of Section "B" of Fairfield Park Subdivision North 87° 00' West 788.24 Ft. to a stake, the same being at the rear of Lot No. 14; thence along the western boundary of Section "B" of Fairfield Park Subdivision North 37° 50' East 781.35 Ft. to a stake in the western right-of-way line of South Eighth Avenue (formerly Linwood Dr.); thence with the western right-of-way line of South Eighth Avenue North 38° 14' East 324.96 Ft. to a stake 360.0 Ft. from the center of Main Street North (U.S. Highway No. 158); thence along a line parallel with, and 360.0 Ft. south of the center of Main Street North, the following courses and distances:

North 33° 00' West 40.0 Ft. to a stake;

North 27° 43' West 401.8 Ft. to a stake;

North 28° 11' West 171.5 Ft. to a stake;

North 33° 40' West 111.5 Ft. to a stake;

North 40° 32' West 162.4 Ft. to a stake;

North 46° 53' West 178.7 Ft. to a stake;

North 53° 48' West 197.3 Ft. to a stake;

North 60° 14' West 148.8 Ft. to a stake;

North 66° 51' West 235.2 Ft. to a stake;

North 70° 00' West 1,010.9 Ft. to a stake in the extension of the line between Lot Nos. 28 and 29 of the J. C. Womack and K. C. Arey Subdivision; thence along the extension of the line between the said Lot Nos. 28 and 29, and along the actual line between the said Lots, North 11° 30' East 364.0 Ft. to a stake in the center of Main Street North (U.S. Highway No. 158); thence along the center of Main Street North, South 70° 00' East 17.7 Ft. to a stake at the intersection of the centerlines of Main Street North and Montgomery Road; thence North 76° 35' East, along the center of Montgomery Road, a distance of 622.0 Ft. to a stake, the said stake being 343.0 Ft. north of the center of Main Street North; thence along a line parallel with and 343.0 Ft. north of the center of Main Street North, the following courses and distances:

South 70° 00' East 546.7 Ft. to a stake;

South 66° 51' East 295.5 Ft. to a stake;

South 60° 14' East 229.1 Ft. to a stake;

South 53° 48' East 279.4 Ft. to a stake;

South 46° 53' East 260.4 Ft. to a stake 220.0 Ft. northwest of the center of North Ninth Avenue; thence North 85° 28' East 475.0 Ft. to the center of Sherwood Drive (N.C. Highway No. 86); thence with the center of Sherwood Dr. (N.C. Highway No. 86) the following courses and distances:

South 37° 00' East 2,950 Ft. to a stake;

South 38° 15' East 200.0 Ft. to a stake;

South 43° 15' East 200.0 Ft. to a stake;

South 49° 00' East 200.0 Ft. to a stake;

South 54° 45' East 200.0 Ft. to a stake;

South 60° 30' East 200.0 Ft. to a stake;

South 66° 15' East 200.0 Ft. to a stake;

South 72° 00' East 200.0 Ft. to a stake;

South 77° 45' East 200.0 Ft. to a stake;

South 83° 30' East 200.0 Ft. to a stake;

South 89° 15' East 200.0 Ft. to a stake;

North 85° 00' East 200.0 Ft. to a stake;

North 81° 45' East 160.0 Ft. to a stake;

North 81° 02' East 1,646.7 Ft. to a stake;

North 83° 02' East 200.0 Ft. to a stake;

North 87° 32' East 200.0 Ft. to a stake;

South 86° 28' East 200.0 Ft. to a stake;

South 80° 28' East 200.0 Ft. to a stake;

South 73° 58' East 200.0 Ft. to a stake;

South 67° 28' East 200.0 Ft. to a stake;

South 60° 58' East 200.0 Ft. to a stake;

South 53° 28' East 200.0 Ft. to a stake;

South 46° 58' East 200.0 Ft. to a stake;

South 40° 28' East 200.0 Ft. to a stake;

South 17° 28' East 200.0 Ft. to a stake;

South 7° 28' East 200.0 Ft. to a stake;

South 2° 32' West 250.0 Ft. to a stake in the center of Main Street East (U.S. Highway No. 158); thence South 9° 40' East 750.0 Ft. to a stake; thence along a line parallel with, and 750.0 Ft. south of the center of Main Street East, South 80° 20' West 225.0 Ft. to a stake; thence continuing along a line parallel with, and 750.0 Ft. south of the center of Main Street East, South 83° 50' West 2,100.0 Ft. to the point of the BEGINNING and containing 526.0 Acres.

"ARTICLE III. MAYOR AND BOARD OF COMMISSIONERS

"Sec. 3.1. Mayor and Mayor Pro Tempore. The Mayor shall be elected by and from the qualified voters of the Town voting at large in the manner provided in Article IV. The Mayor shall be the official head of the Town government and shall preside at all meetings of the Board of Commissioners. When there is an equal division upon any question, or in the appointment of officers, by the Board, the Mayor shall determine the matter by his vote, and shall vote in no other case. The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the Town. The Board of Commissioners shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.

"Sec. 3.2. Composition of the Board of Commissioners. The Board of Commissioners shall consist of four (4) members to be elected by and from the qualified voters of the Town voting at large in the manner provided by Article IV.

"Sec. 3.3. Terms; Qualifications; Vacancies.

(a)       Except for the initial terms of office hereinbefore specified, the Mayor and the members of the Board of Commissioners shall serve for terms of four (4) years, beginning the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this Charter; provided, they shall serve until their successors are elected and qualify.

(b)       No person shall be eligible to be a candidate or be elected as Mayor or as a member of the Board of Commissioners, or to serve in such capacity, unless he is a resident and a qualified voter of the Town.

(c)       If any elected Mayor or Commissioner shall refuse to qualify, or if there shall be any vacancy in the office of Mayor or Commissioner after election and qualification, the remaining members of the Board shall by majority vote appoint some qualified person to serve for the unexpired term. Any Mayor or Commissioner so appointed shall have the same authority and powers as if regularly elected.

"Sec. 3.4. Organization of Board; Oaths of Office. The Board of Commissioners shall meet and organize for the transaction of business at a time established by ordinance, following each biennial election and prior to July 1. Before entering upon their offices, the Mayor and each Commissioner shall take, subscribe, and have entered upon the minutes of the Board the oath of office provided for in Article VI, Section 7 of the Constitution.

"Sec. 3.5. Meetings of the Board.

(a)       The Board of Commissioners shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the Mayor or a majority of the Commissioners, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

(b)       All meetings of the Board of Commissioners shall be open to the public. The Board shall not by executive session or otherwise formally consider or vote upon any question in private session.

"Sec. 3.6. Quorum; Votes.

(a)       A majority of the members elected to the Board of Commissioners shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

(b)       The affirmative vote of a majority of the members of the Board of Commissioners shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting.

"Sec. 3.7. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The ayes and noes shall be taken upon all ordinances and resolutions and entered upon the minutes of the Board. The enacting clause of all ordinances shall be; 'Be it ordained by the Board of Commissioners of the Town of Yanceyville'. All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein, or unless some provision of the General Statutes provides otherwise.

"ARTICLE IV. ELECTION PROCEDURE

"Sec. 4.1. Regular Municipal Elections. Following the initial appointments hereinbefore provided for, regular municipal elections shall be held on the Tuesday after the first Monday in May of each odd-numbered year, beginning in 1973. In the regular 1973 election and quadrennially thereafter, there shall be elected a Mayor for a term of four (4) years. In the regular election in 1973, there shall be two (2) Commissioners elected for terms of four (4) years and two (2) Commissioners elected for terms of two (2) years; in such election the two (2) candidates for Commissioner who receive the largest number of votes shall be declared elected for terms of four (4) years and the two (2) Commissioners who receive the next largest number of votes shall be declared elected for two (2) year terms. In the regular election in 1975 and quadrennially thereafter, there shall be elected two (2) Commissioners to serve for terms of four (4) years. In the regular election in 1977 and quadrennially thereafter, there shall be elected two (2) Commissioners to serve for terms of four (4) years.

"Sec. 4.2. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of Mayor or Commissioner shall file with the Town Clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than the eighth Friday nor later than 5:00 p.m. on the third Friday prior to the election at which he offers his candidacy, shall be accompanied by payment of a filing fee of five dollars ($5.00), shall be signed in the presence of the Town Clerk, and shall be substantially in the following form:

'I,                                                                     , do hereby give notice that I am a candidate for the election to the office of                                                                             , Town of Yanceyville, to be voted on at the election to be held on                                                                           , and I hereby request that my name be placed on the official ballot for such office. I certify that I am a resident and qualified voter of the Town of Yanceyville, residing                                                                             '

                                                                                                   (Signature)                          

                                                                                                       (Date)                              

"Sec. 4.3. Regulations of Election. All municipal elections shall be conducted in accordance with the municipal election laws of the General Statutes of North Carolina, except as otherwise herein provided."

Sec. 7.  If any provision of this act or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Sec. 8.  All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 9.  This act shall be in full force and effect from and after its ratification, subject to the provisions of Sections 1 through 3 hereof.

In the General Assembly read three times and ratified, this the 29th day of June, 1971.