NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 929

SENATE BILL 611

 

 

AN ACT TO CONSOLIDATE THE TOWN OF BAYSHORE PARK AND THE TOWN OF CAPE CARTERET IN CARTERET COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Town of Cape Carteret and the Town of Bayshore Park in Carteret County are hereby consolidated as one municipal corporation under the name of the Town of Cape Carteret, the boundaries of which are established by Section 3 of this Act. Said Town shall continue to be a body politic and corporate and shall have all the powers and authority which may now or hereafter be granted by the Charter of the Town of Cape Carteret and the general laws of this State.

Sec. 2. The corporate limits of the Town of Cape Carteret shall be the areas as described in subsection (a) and (b) of this Section, as these areas are connected by the right of way boundaries of North Carolina Highway #24.

(a)       Beginning at a concrete monument, Fort, Houser and Ennett's corner, and runs North 37 degrees 34 minutes East 678.69 feet to a stone monument, corner of Houser, Piner and Fort property, thence down with Piner and Fort line North 78 degrees 33 minutes East 3278 feet to a concrete monument on the edge of Rocky Run, thence down and with Rocky Run its various courses, in a southerly direction to the head of Barnes Creek, thence along the western shoreline of Barnes Creek in a southernly direction to the northern edge of Bogue Sound, thence along the northern shoreline of Bogue Sound in a westernly direction to a concrete monument property referenced, Fort and Ennett's corner, thence along Fort and Ennett's western boundary line North 13 degrees 48 minutes West 5155.7 feet to the beginning.

(b)       Beginning at W. L. Taylor's northwest corner, in the South right of way line of U. S. Highway #24, and running thence along W. L. Taylor's West line (a wire fence) South 11 degrees 00 minutes East, 471 feelt to a stake in the center of a branch; thence along said branch North 72 degrees 45 minutes West, 74 feet to a stake; thence continuing along said branch South 47 degrees 20 minutes West, 58.5 feet to a stake; thence continuing along said branch South 70 degrees 00 minutes West, 100.1 feet to a stake; thence continuing along said branch North 88 degrees 35 minutes West, 31 feet to a cedar post in the center of said branch; thence along the West line of the Eula Dennis property South 1 degree 30 minutes East, 1,373 feet to a lightwood post at the corner of a fence; thence continuing along the Eula Dennis line South 88 degrees 00 minutes East, 436 feet to a stake at the Old Gate Site; thence continuing along Eula Dennis' West line (a wire fence) South 8 degrees 10 minutes West, 690 feet to a cedar post in the fence line; thence continuing along Eula Dennis' West line ( a wire fence) South 19 degrees 20 minutes West, 1228 feet to a large iron stake on a ditch bank; thence continuing down the center of a ditch (Eula Dennis' southwest line) South 42 degrees 15 minutes East, 431 feet to an iron axle on the edge of Bogue Sound, thence along the various courses of Bogue Sound a generally westerly direction to the southeast corner of the E. A. Simpkins (formerly J. A. Weeks) property at a stake; thence along the E. A. Simpkins East line North 15 degrees 40 minutes East 3,443.7 feet to a nail or coca cola cap in the center of U. S. Highway #24; thence along the center of U. S. Highway #24, North 79 degrees 15 minutes East, 1,224.2 feet to a nail in the center of said highway; thence South 11 degrees 00 minutes East to the place of beginning.

Sec. 3. The Charter of the Town of Cape Carteret shall be as provided in Chapter 727 of the Session Laws of North Carolina of 1959 except as otherwise provided herein.

Sec. 4. The Board of Commissioners of the Town of Cape Carteret shall be composed of five members. The members of the first Board of Commissioners, whose terms of office shall begin on the effective date of this Act, shall be composed of the three commissioners of the Town of Cape Carteret serving on that date and P. M. Russell and L. D. Campbell. The members of the board of commissioners as provided for in this Section and the mayor shall serve until their successors are elected and qualified in accordance with the Charter. Provided, that at the regular municipal election to be held in 1965, and biennially thereafter, three members of the board of commissioners shall reside within the area described in subsection (a) of Section 2 of this Act and two members of the board shall reside in the area described in subsection (b) of Section 2 of this Act, and all members of the board of commissioners shall be elected at large by all the qualified voters of the Town.

Sec. 5. The Town of Cape Carteret shall assume all debts and liabilities of the Town of Bayshore Park, and all moneys, other assets and all property belonging to or in the lawful possession of the Town of Bayshore Park shall become the property of the Town of Cape Carteret on the effective date of this Act.

Sec. 6. Chapter 699 of the Session Laws of North Carolina of 1959, being the Charter of the Town of Bayshore Park, is hereby repealed in its entirety.

Sec. 7. No act or proceeding of any nature (whether civil or criminal, judicial or administrative or otherwise) pending at the effective date of this Act by or against the Town of Cape Carteret shall be abated or otherwise affected by the adoption of this Act.

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9. 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 14th day of June, 1963.