NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 930

HOUSE BILL 1517

 

AN ACT TO PROVIDE FOR THE ELECTION OF MEMBERS TO THE BOARD OF EDUCATION OF THE HICKORY ADMINISTRATIVE SCHOOL UNIT.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Board of Education of the Hickory Administrative School Unit shall continue to consist of seven (7) members, and the present members of the Board of Education of the Hickory Administrative School Unit shall continue to hold their offices for the terms of office hereby established and until the term of office of each member has expired as follows:

Ward 1          William L. Cauble, Jr.                   First Monday in Dec. 1973

Ward 2          C. R. Cagle                                     First Monday in Dec. 1973

Ward 3          Gene D. Smith                               First Monday in Dec. 1973

Ward 4          Sam Dula                                        First Monday in Dec. 1971

Ward 5          Dr. W. E. Leonard                         First Monday in Dec. 1973

Ward 6          Mrs. J. E. Barringer                       First Monday in Dec. 1971

Member-

at-Large        Weldon S. Fanjoy                          First Monday in Dec. 1971

or until his successor has been elected and qualified as hereinafter provided and thereafter the term of office of each member of the Board shall be four years.

Sec. 2. The territory of the unit is hereby divided into six (6) wards described as follows:

WARD 1

Beginning at a point in the intersection of the center line of Main Avenue, N.W. and the center line of 2nd Street, N.W., and running thence North with the center line of 2nd Street, N. W. to the center line of 5th Avenue, N.W.; thence East with the center line of 5th Avenue, N.W. to the center line of 1st street, N.W.; thence North with the center line of 1st street, N.W. to the center line of 8th Avenue, N.W.; thence West with the center line of 8th Avenue N.W. to the center line of 2nd Street, N.W.; thence North with the center line of 2nd Street, N.W. to the center line of 9th Avenue, N.W.; thence West with the center line of 9th Avenue, N.W. to the center line of 4th Street Drive, N.W.; thence North with the center line of 4th Street Drive, N.W. and its proposed extension in a northern direction to the center line of 15th Avenue, N.W.; thence North with the center line of 1st Street, N.W. to the center line of l6th Avenue, N.W.; thence in a Northerly direction to the intersection of the center line of 17th Avenue and the center line of 2nd Street, N.W.; thence North with the center line of 2nd Street, N.W. in a Northwestern direction to the center line of 20th Avenue Drive, N.W., the corporate limits of the City of Hickory; thence with the corporate limits of the City of Hickory in an Easterly direction to the center line of North Center Street (Highway 127); thence North with the center line of North Center Street (Highway 127) to Catawba River; thence East and Southeast with the South Bank of Catawba River to the mouth of Falling Creek; thence with the West Bank of Falling Creek in a Southerly direction to the point where the Creek hits the Old Ward Line between 1 and 2; thence Southwest approximately 350 feet to the corporate limits of the City of Hickory in 10th Street, N.E. extended; thence with the former northern city limit of the City of Hickory west; thence South; thence West; thence South, thence in a Westerly direction again to the point where said city limit line intersects the center line of 5th Street, N.E. (the same being approximately 200 feet South of 13th Avenue, N.E.); thence in a southwesterly direction with the center line of 5th Street, N.E. to its intersection with the center line of 10th Avenue Drive, N.E.; thence in a southeasterly direction with the center line of 5th Street, N.E. to the point of its intersection with the center line of 8th Avenue, N.E.; thence with the center line of 8th Avenue, N.E. in a southeasterly direction to the point of its intersection with the center line of 6th Street, N.E.; thence with the center line of 6th Street, N.E. in a southwesterly direction to the point of its intersection with the center line of 7th Avenue, N.E.; thence with the center line of 7th Avenue, N.E. in a northwesterly direction to the point of its intersection with 5th Avenue Place, N.E.; thence with the center line of 5th Avenue Place, N.E. in a southwesterly direction to the point of its intersection with the center line of 5th Avenue, N.E.; thence with the center line of 5th Avenue, N.E. in a westerly direction to the point of its intersection with the center line of 3rd Street, N.E.; thence with the center line of 3rd Street, N.E. in a southerly direction to the point of its intersection with the center line of 2nd Avenue, N.E.; thence with the center line of 2nd Avenue, N.E. in an easterly direction to the point of its intersection with the center line of 4th Street, N.E.; thence with the center line of 4th Street, N.E. in a southerly direction to the point of its intersection with the center line of Main Avenue, N.E.; thence with the center line of Main Avenue, N.E.; in a southwesterly and then a westerly direction to the point of BEGINNING.

WARD 2

Beginning at the point of intersection of the center line of 4th Street, N.E. and the center line of Main Avenue, N.E. and running thence with the center line of 4th Street, N.E. in a northerly direction to the point of its intersection with the center line of 2nd Avenue, N.E.; thence in a westerly direction with the center line of 2nd Avenue, N.E. to the point of its intersection with the center line of 3rd Street, N.E.; thence with the center line of 3rd Street, N.E. in a northerly direction to the point of its intersection with the center line of 5th Avenue, N.E.; thence in an easterly direction with the center line of 5th Avenue, N.E. to the point of its intersection with the center line of 5th Avenue Place, N.E.; thence with the center line of 5th Avenue Place, N.E. in a northeasterly direction to the point of its intersection with the center line of 7th Avenue, N.E.; thence with the center line of 7th Avenue, N.E. in a southeasterly direction to the point of its intersection with the center line of 6th Street, N.E.; thence with the center line of 6th Street, N.E. in a northeasterly direction to the point of its intersection with the center line of 8th Avenue, N. E., thence with the center line of 8th Avenue N.E. in a northwesterly direction to the point of its intersection with the center line of 5th Street, N.E.; thence with the center line of 5th Street, N.E. in a northwesterly direction to the point of its intersection with the center line of 10th Avenue Drive, N.E.; thence with the center line of 5th Street, N.E.; in a northeasterly direction to the point of its intersection with the city limits line of the City of Hickory; thence with the old city limits line of the City of Hickory in several courses and distances first east, thence north, thence east, thence north, thence east to a point in corporate limits of the City of Hickory in 10th Street, N.E., extended; thence with the Old Ward Line between Ward 1 and 2 approximately 350 feet N.E. to the West Bank of Falling Creek; thence with the West Bank of Falling Creek in a Southeasterly direction to a point where the creek hits the 1965 corporate limits of the City of Hickory at 12th Avenue, N.E. between l3th and l4th Street, N.E.; thence following the l965 city limits to the center line of 12th Avenue N.E. at 10th Avenue, N.E.; thence along 10th Avenue, N.E. to the point where 10th Avenue, N.E. meets 18th Street, N.E.; thence in a Southerly direction with the corporate limits of the City of Hickory to a point approximately 1400 feet Southwest of Main Avenue, S.E.; thence due South approximately 2600 feet to Clark's Creek; thence Northwest to the center line of 3rd Avenue Drive, S.E.; thence West with the center line of 3rd Avenue Drive, S.E. and 3rd Avenue, S.E. to the corporate limits of the City of Hickory; thence Northwest with the center line of 8th Street Drive, S.E. to the center line of 1st Avenue, S.E.; thence North with the center line of 8th Street, S.E. to the center of "E" Avenue, S.E.; thence Northwest with the present Ward line between Ward 2 and 3 (present Ward designation) to the intersection of the center line of 5th Avenue, N.E. and the center line of Main Avenue, N.E.; thence Southwest with the center line of Main Avenue, N.E. to the center line of 4th Street, N.E., to the point of BEGINNING.

WARD 3

Beginning at the point of intersection of the center line of 1st Street, N.W. and Main Avenue, N.W.; thence Northeast with the center line of Main Avenue, N.W., continuing with the center line of Main Avenue, N.E. to the center line of 5th Avenue, N.E.; thence Southeast with the present ward line between Ward 2 and 3 (present ward designation) to the center line of "E" Avenue, S.E.; thence Southeast with the center line of 8th Street, S.E. to the center line of 1st Avenue, S.E.; thence South to the center line of 8th Street Drive, S.E.; thence Southeast with the center line of 8th Street Drive, S.E. to the corporate limits of the City of Hickory; thence with the center line of 3rd Avenue, S.E. and 3rd Avenue Drive, S.E. to dead end; thence Southeast to the nearest point of Clark's Creek; thence with Clark's Creek to a point North of the intersection of the Startown and Brookford roads East of the corporate limits of the City of Hickory and just Northeast of Augustana Church; thence follow Brookford Road South to the Robinson Road; thence Southeast approximately 450 feet to where Brookford Road turns South; thence approximately 1/2 mile to the Cook Creek bridge and follow Cook Creek Southeast to Henry's Fork River; thence follows Northern bank of Henry's Fork River West to point of entry of Mill Creek; thence North with the center of Mill Creek to the center line of Highway 64-70; thence West with the center line of Highway 64-70 to the corporate limits of the City of Hickory; thence West with the corporate limits of the City of Hickory to a point, said point being located approximately 500 feet Southwest from the intersection of the center lines of 4th Street, S.W. and U.S. Highway 64 and 70; and runs thence Northeast to the intersections of 4th Street, S.W. and Highway 64 and 70; thence Northwest with the center line of 4th Street, S.W. to the center line of 8th Avenue Drive, S.W.; thence Northeast with the center line of 8th Avenue Drive, S. W. to the center line of 1st Street, S. W.; thence North with the center line of 1st Street, S.W.; to the center line of Main Avenue, N.W., the point of beginning.

WARD 4

Beginning at a point in the intersection of the center line of 3rd Avenue, N.W. and the center line of 2nd Street, N.W., and running South with the center line of 2nd Street, N.W. to the center line of Main Avenue, N.W.; thence East with the center line of Main Avenue, N.W. to the center line of lst Street, S.W. extended; thence South with the center line of lst Street Extension, S.W. and 1st Street, S.W. to the center line of 8th Avenue Drive, S.W.; thence Southwest with the center line of 8th Avenue Drive, S.W. to the center line of 4th Street, S.W.; thence Southeast with the center line of 4th Street, S.W. to the center line of U.S. Highway 64 and 70; thence in a Southwestern direction approximately 500 feet to the corporate limits of the City of Hickory; thence East with the corporate limits of the City of Hickory to the center line of Highway 64 and 70; thence East with the center line of Highway 64 and 70 to Mill Creek; thence South with the center of Mill Creek to Henry's Fork River; thence West with the North Bank of Henry's Fork River to a point where l3th Street, S.W. would terminate if extended due South; from this point thence due North to a point approximately 300 feet West of the termination of the corporate limits of the City of Hickory on l3th Street, S.W.; thence East to the corporate limits of the City of Hickory; thence East with the corporate limits to center line of 12th Street, S.W.; thence North with the center line of 12th Street, S.W. to the center line of 1st Avenue, S.W.; thence East with the center line of 1st Avenue, S.W. to the center line of 6th Street, S.W.; thence North with the center line of 6th Street, S.W. and the proposed 6th Street, N.W. to the center line of 3rd Avenue, N.W.; thence East with the center line of 3rd Avenue, N.W. to the center line of 2nd Street, N.W., the point of beginning.

WARD 5

Beginning at the intersection of the center line of 3rd Avenue, N.W. and the center line of 6th Street, N.W., and running thence South with the center line of 6th Street, N.W. to the center line of 1st Avenue, S.W.; thence South with the center line of 12th Street, S.W. extended in a Southerly direction to the corporate limits of the City of Hickory; thence West with the corporate limits of the City of Hickory to l3th Street, S.W.; thence due West to a point approximately 300 feet beyond the corporate limits of the City of Hickory; thence due South to Henry's Fork River; thence West along the north bank of Henry's Fork River to Burke County line; thence Northeast along the Burke County line to a point approximately 450 feet Southeast of the intersection of the center line of the Lenoir Road and the center line of U.S. Highway 321 By-Pass; thence Southeast with the center line of the Lenoir Road to the center line of 7th Avenue, N.W.; thence East with the center line of 7th Avenue, N.W. to a point, said point being located 429 feet East of the intersection of the center line of 10th Street Boulevard, N.W. and the center line of 7th Avenue, N.W.; thence Southeast to a point in the center line of 4th Avenue Drive, N.W., said point being located in front of house No. 1095 4th Avenue Drive, N.W.; thence Southeast with the center line of 4th Avenue Drive, N.W. to the center line of 7th Street, N.W.; thence South with the center line of 7th Street, N.W. to the center line of 3rd Avenue, N.W.; thence East with the center line of 3rd Avenue, N.W. to the center line of 6th Street, N.W., the point of beginning.

WARD 6

Beginning at the intersection of the center line of 2nd Street, N.W. and the center line of 3rd Avenue, N.W., and running thence West with the center line of 3rd Avenue, N.W. to the center line of 7th Street, N.W.; thence North with the center line of 7th Street, N.W. to the center line of 4th Avenue Drive, N.W.; thence Northwest with the center line of 4th Avenue Drive, N.W. to a point in the center line of 4th Avenue Drive, N.W., said point being located in front of house No. 1095 4th Avenue Drive, N.W.; thence Northwest to a point in the center line of 7th Avenue, N.W., said point being located 429 feet East from the intersection of the center line of 10th Street Boulevard, N.W. and the center line of 7th Avenue, N.W.; thence West with the center line of 7th Avenue, N.W. to the center line of the Lenoir Road; thence Northwest with the center line of the Lenoir Road in a Northwestern direction to the Burke County line; thence with the Burke County line North to Catawba River; thence North and Northeast with the South bank of Catawba River to the center line of North Center Street (Highway 127); thence South with the center line of North Center Street to the corporate limits of the City of Hickory; thence West with the corporate limits of the City of Hickory to the center line of 2nd Street, N.W.; thence Southeast with the center line of 2nd Street, N.W. to the center line of 17th Avenue, N.W.; thence Southeast with 1st Street, N.W. to the center line of l6th Avenue, N.W.; thence South with the center line of 1st Street, N.W. to the center line of l5th Avenue, N.W.; thence South with the center line of 4th Street Drive, N.W. Extension and the center line of 4th Street Drive, N.W. to the center line of 9th Avenue, N.W.; thence East with the center line of 9th Avenue, N.W. to the center line of 2nd Street, N.W.; thence South with the center line of 2nd Street, N.W. to the center line of 8th Avenue, N.W.; thence East with the center line of 8th Avenue, N.W. to the center line of 1st Street, N.W.; thence South with the center line of 1st Street, N.W. to the center line of 5th Avenue, N.W.; thence West with the center line of 5th Avenue, N.W. to the center line of 2nd Street, N.W.; thence South with the center line of 2nd Street, N.W. to the center line of 3rd Avenue, N.W., the point of beginning.

Sec. 3. One (l) member shall be elected from each ward by the qualified voters of the ward, and the member must be a resident of the ward. One (l) member shall be elected at large by the qualified voters of the entire unit. The election shall be nonpartisan and no primary election shall be held. The election shall be held and conducted by the Catawba County Board of Elections and the expense of the election shall be paid by Catawba County. Registration and the election shall be held and conducted in accordance with the laws, rules and regulations applicable to elections for County offices except as otherwise provided in this act.

Sec. 4. Candidates shall file their notice of candidacy with the County Board of Elections, on forms prescribed by the Board, not later than 6:00 p.m. on the third Friday preceding the election, and pay a filing fee of five dollars ($5.00). If more than two (2) candidates file from a ward, or as an at-large candidate, the person receiving a plurality of the votes cast shall be declared elected.

Sec. 5. In case of a tie vote between two or more candidates in the election, the tied candidates shall be entered in a run-off election. If a run-off election is required, the Board of Elections shall hold it three (3) weeks after the first election, and the candidate receiving the highest number of votes shall be elected. Should there be a tie vote in the run-off election, the County Board of Elections shall determine by lot which shall be elected.

Sec. 6. Successors for the members from Ward 4 and Ward 6 and the member-at-large shall be elected at an election to be held on Tuesday after the first Monday in November, 1971, said election to be held as provided in this act. The persons elected at said election, shall take office on the first Monday in December following their election, and shall serve for terms of four (4) years, and until their successors are elected and qualified.

Sec. 7. Beginning in 1973, except as otherwise specifically provided herein elections under this act shall be held on the same date as regular municipal elections in the City of Hickory for the purpose of electing members to the Board of Education to take the place of the members whose terms next expire. The members elected shall take office on the first Monday in December following their election and shall serve for terms of four (4) years, and until their successors are elected and qualified.

Sec. 8. No later than 30 days after the effective date of this act the registration books of the Hickory Administrative School Unit shall be delivered to the Catawba County Board of Elections, which shall, forthwith, assume the responsibility for administration of the registration and election process for the Hickory Administrative School Unit. The County Board of Elections shall have authority to compare the registration books of the Hickory Administrative School Unit with the county registration books. Any person found to be registered for the Hickory Administrative School Unit, but not registered on the county registration records, shall be required to register with the County Board of Elections in order to maintain his Hickory Administrative School Unit registration. The County Board of Elections shall notify any such person by mail to the address appearing on the Hickory Administrative School Unit registration records that he must reregister.

Those persons registered on the county registration records who reside within the boundaries of the Hickory Administrative School Unit shall be deemed registered for elections of the Hickory Administrative School Unit for the wards within which such persons reside and for the member-at-large.

Sec. 9. The Chairman of the Board of Education of the Hickory Administrative School Unit shall be elected by the members of said Board of Education at a special meeting to be held on the first Monday in December, 1971, and each two years thereafter immediately following the qualifying of newly elected members, and the Superintendent of the Hickory City Schools shall ex officio be the secretary of said Board of Education.

Sec. 10. All vacancies in the membership of the Board of Education shall be filled by appointment by the remaining members of the Board. If a vacancy occurs during the first two years of a term, such appointment shall be only until the next regular election for seats on the Board, at which time such vacancy shall be filled by election for the remaining two years of the term. If a vacancy occurs during the last two years of a term, such appointment shall be for the remainder of the term.

Sec. 11. The Board of Education in consultation with the County Board of Elections is hereby authorized to change by resolution duly adopted the boundaries of the wards herein established, but no change shall be made within three (3) months prior to an election for members to said Board. The resolution shall be delivered to the County Board of Elections, and shall be published by the Board of Elections once a week for two weeks in a newspaper having general circulation in the school unit. If the voting place of any voter is altered by the change in ward boundaries, the Board of Elections shall give public notice thereof as provided above.

Sec. 12. The Board of Education shall have the powers and duties conferred upon city boards of education as set forth in Chapter 115 of the General Statutes.

Sec. 13. Chapter 72 Session Laws 1943; Chapter 99 Session Laws 1959; and all local, special and general laws and clauses of laws in conflict with this act are hereby repealed to the extent of such conflict.

Sec. 14. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 19th day of July, 1971.