NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 687

SENATE BILL 839

 

AN ACT TO INCORPORATE THE VILLAGE OF WALNUT CREEK IN WAYNE COUNTY SUBJECT TO AN ELECTION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  (a)  The Board of Elections in Wayne County is hereby authorized and directed to call and conduct a special election on August 19, 1975, for the purpose of submitting to the qualified voters of the area hereinafter described as the proposed corporate limits of the Village of Walnut Creek, the question of whether or not such area shall be incorporated as a municipal corporation to be known as the Village of Walnut Creek.  In conducting the election required to be held by this act, the Board of Elections of Wayne County shall follow the procedures contained in this act and the procedures contained in Chapter 163 of the General Statutes of North Carolina regarding municipal elections, where the same are not in conflict with this act.

(b)       Not later than 30 days prior to the date on which the registration books are required to be closed, the Board of Elections in Wayne County shall cause to be published one or more times in a newspaper having general circulation in the Walnut Creek community, a notice stating the time, the polling place, and the purpose of this special election; the names of the registrar and judges of election; and the dates, hours, and place or places of registration. The board of elections may, in its discretion, also cause such notice to be posted in such public place or places as the board may choose.

(c)       In the special election, those voters who favor the incorporation of the Village of Walnut Creek as provided in this act shall vote a ballot upon which shall be printed the words: "FOR Incorporation of the Village of Walnut Creek"; and those voters who are opposed to the incorporation of the Village of Walnut Creek as provided in this act shall vote a ballot upon which shall be printed the words: "AGAINST Incorporation of the Village of Walnut Creek".

Sec. 2. If the majority of the votes cast in such special election shall be cast "AGAINST Incorporation of the Village of Walnut Creek", then the "Charter of the Village of Walnut Creek" as set forth in this act shall have no force and effect.

Sec. 3. If a majority of the votes cast in the special election shall be cast "FOR Incorporation of the Village of Walnut Creek", then the "Charter of the Village of Walnut Creek" as set forth in this act shall be in full force and effect from and after the date upon which a certificate of election shall have been issued by the Chairman of the Wayne County Board of Elections in accordance with G.S. 163-301.

Sec. 4. If a majority of the votes cast in such special election shall be cast "FOR Incorporation of the Village of Walnut Creek", then notwithstanding the time limitations contained in the Local Government Budget and Fiscal Control Act (Article 3 of G.S. Chapter 159), the governing body of the Village of Walnut Creek is authorized to consider and adopt a budget ordinance, including a property tax levy, as soon after the effective date of incorporation as is possible. The residents of the Village of Walnut Creek and the property located within the Village of Walnut Creek shall be liable for all municipal taxes imposed by the Village governing body for the fiscal year 1975-76.

Sec. 5. The following provisions of law shall constitute the Charter of the Village of Walnut Creek in Wayne County.

"THE CHARTER OF THE VILLAGE OF WALNUT CREEK.

"ARTICLE I. INCORPORATION AND CORPORATE POWERS.

"Section 1.1. Incorporation and General Powers. The inhabitants of the Village of Walnut Creek are a body corporate and politic under the name of the 'Village of Walnut Creek'. Under that name they have all the powers, duties, rights, privileges and immunities conferred and imposed upon municipal corporations by the general law of North Carolina.

"ARTICLE II. CORPORATE BOUNDARIES.

"Section 2.1. Corporate Boundaries. The corporate boundaries of the Village of Walnut Creek, until changed in accordance with law, are as follows:

BEGINNING at a point on the South side of U.S. 70 Highway in the eastern property line of Walnut Creek Estates property said point being 50 feet from the center line of said highway and having N. C. State co-ordinance x equals 2,340,561.39 and y equals 573,133.59 and being designated as point A on a map of Walnut Creek Estates Property recorded in Plat Book 9 at Page 69 and runs thence with the Southern edge of said highway S. 62-38-06 E. 300 feet to an iron stake; thence leaving said highway S. 27-22-24 W. 180 feet to a concrete post; thence S. 07-06-42 W. 1100.00 feet to a concrete post; thence S. 11-23-18 E. 425.90 feet to a concrete post; thence S. 12-22-30 W. 313.95 feet to a concrete post; thence S. 22-05-30 W. 815.55 feet to a point; thence N. 78-48-00 E. 679.87 feet to a point; thence S. 11-12-00 E. 165 feet to an iron stake; thence S. 78-48-00 W. 1430.52 feet to a point; thence S. 08-15-00 E. 413.04 feet to a point; thence N. 78-48-00 E. 94.11 feet to an iron stake; thence S. 08-15-00 E. 608.77 feet to a concrete post; thence N. 79-47-35 E. 1359.72 feet to an iron stake; thence N. 09-05-00 W. 27.00 feet to an iron stake; thence N. 79-47-41 E. 662.04 feet to an iron stake on the Western right of way of North Carolina Secondary Road Number 1719; thence with said road right of way S. 24-23-20 E. 665.91 feet to a concrete post in Louis Maxwell and Gordon Maxwell's line and runs thence with said Maxwell's line S. 80-24-27 W. 2203.05 feet to a concrete post; thence continued with said line S. 80-24-27 W. 101.50 feet to an iron stake; thence S. 07-06-42 W. 931.34 feet to an iron stake; thence continued S. 07-06-42 W. 45.00 feet to a point in Mira Branch; thence with said Branch S. 78-02-00 W. 19.17 feet to a point; thence continued with said Branch S. 67-41-24 W. 336.73 feet to a point; thence continued with said Branch S. 41-09-12 W. 448.62 feet to a point in Walnut Creek Branch; thence with said Branch the following courses and distances: S. 17-22-36 E. 189.80 feet, S. 55-40-48 W. 260.73 feet, S. 30-17-18 W. 263.48 feet and S. 35-52-18 E. 361.83 feet to an iron stake in said Branch; thence S. 89-24-54 W. 1050.48 feet to an iron stake; thence N. 17-52-00 W. 361.25 feet to an iron stake; thence N. 89-21-00 W. 493.84 feet to an iron stake; thence S. 19-10-00 W. 196.10 feet to a point; thence N. 76-15-48 W. 1207.61 feet to a point; thence S. 05-28.12 W. 518.70 feet to an iron stake; thence S. 37-16-48 E. 633.29 feet to an iron stake; thence S. 13-22-36 W. 334.32 feet to an iron stake in the line of Deerwood Subdivision; thence with said subdivision line N. 76-37-24 W. 2735.01 feet to an iron stake; thence S. 80-40-00 W. 128.00 feet to an iron stake; thence N. 31-18-00 W. 69.50 feet to an iron stake; thence N. 76-37-24 W. 59.60 feet to an iron stake; thence N. 13-32-30 E. 2025.16 feet to an iron stake; thence N. 88-23-18 W. 1259.00 feet to an iron stake; thence N. 01-56-00 E. 1017.89 feet to a concrete post; thence N. 20-34-39 E. 206.00 feet to a concrete post; thence N. 00-07-25 E. 180.25 feet to a point; thence N. 00-36-04 E. 165.38 feet to a point; thence N. 26-43-56 W. 85-07 feet to a point; thence N. 03-48-39 E. 268.10 feet to a point; thence N. 68-01-17 E. 506.26 feet to an iron stake; thence with the line of James Uzzell Lots, Section One the following courses and distances: N. 31-28-48 W. 146.64 feet, N. 51-01-00 W. 232.04 feet, N. 42-11-20 W. 169.66 feet to an iron stake, N. 27-12-04 W. 515.92 feet to an iron stake and N. 42-57-38 W. 275.00 feet to an iron stake on the Southern edge of North Carolina Secondary Road Number 1728; thence along the edge of said road N. 45-32-04 E. 460.19 feet to an iron stake; thence continued along said road N. 26-48-00 E. 428.30 feet to an iron stake; thence N. 24-45-38 E. 214.12 feet to a point; thence S. 37-55-00 E. 33.00 feet to a point; thence N. 81-56-00 E. 107.15 feet to a point; thence S. 58-50-00 E. 283.85 feet to a point; thence S. 51-09-00 E. 224.40 feet to a point; thence S. 58-10-00 E. 327.00 feet to a point; thence S. 72-25-00 E. 141.05 feet to a point; thence S. 78-50-00 E. 103.10 feet to a point; thence S. 74-01-00 E. 190.95 feet to a point; thence S. 37-51-00 E. 115.70 feet to a point; thence S. 35-46-00 E. 111.4 feet to a point; thence S. 86-14-00 E. 132.00 feet to a point in Cow Branch; thence with said Branch N. 15-03-24 E. 676.19 feet to a point; thence N. 76-24-24 E. 266.96 feet to a point; thence S. 10-29-42 W. 251.85 feet to a point; thence S. 03-55-00 W. 410.77 feet to a point; thence S. 69-07-06 E. 232.44 feet to a point; thence S. 84-31-24 E. 284.46 feet to a point; thence N. 80-14-06 E. 299.36 feet to a point; thence N. 89-33-48 E. 246.71 feet to a point; thence S. 37-41-12 E. 648.90 feet to a point; thence N. 56-50-00 E. 269.81 feet to a point; thence 85.96 feet along a curve to the right of radius 393.74 feet to a corner; thence S. 33-39-48 E. 100.00 feet to a corner; thence 121.17 feet along a curve to the left of radius 556.75 feet to a corner; thence S. 46-08-00 E. 168.61 feet to a point; thence N. 84-40-18 E. 38.44 feet to a point; thence S. 30-22-30 E. 107.13 feet to a point; thence S. 46.08-00 E. 25.64 feet to a point; thence 217.63 feet with a curve to the right which curve has a radius of 712.96 feet to a stake; thence continued S. 28-38-24 E. 283.37 feet to a corner; thence 203.50 feet with a curve to the right which curve has a radius of 3600.65 feet to a corner; thence S. 25-24-06 E. 136.16 feet to a point; thence N. 61-38-36 E. 118.94 feet to a point; thence N. 24-17-18 E. 498.51 feet to a point; thence N. 17-53-36 E. 1188.45 feet to a point; thence N. 88-57-00 E. 271.21 feet to a point; thence N. 36-57-12 E. 1266.65 feet to a point; thence N. 01-22-36 E. 467.35 feet to a point; thence N. 35-06-36 E. 228.34 feet to a point; thence N. 74-40-36 E. 465.90 feet to a point; thence N. 16-45-00 E. 340.00 feet to a point; thence N. 54-12-05 E. 157.24 feet to a point in Mill Branch and on the South side of U.S. 70 Highway; thence along said road S. 62-38-06 E. 635.05 feet to the point of beginning, containing 888.90 acres more or less.

"ARTICLE III. GOVERNING BODY.

"Section 3.1. Temporary Officers. Until the regular municipal election to be held in November of 1975, Sandford Korschun, Al Charbonneau, George Taylor, Margaret Teel, and William Jake Derby are hereby appointed to act as the Council for the Village of Walnut Creek, and they shall possess and may exercise the powers granted to the Village Council until their successors are elected and qualify.

"Section 3.2. Structure of Governing Body; Number of Members. The governing body of the Village of Walnut Creek is the Village Council, which has five members.

"Section 3.3. Manner of Election of the Council. The qualified voters of the entire Village shall elect the members of the Council.

"Section 3.4. Term of Office of Members of the Council. (a)  Except for the temporary officers provided for in Section 3.1 of this Charter, and except as provided in subsection (b) of this section of the Charter, the members of the Village Council shall be elected to four-year terms.

(b)       At the regular municipal election in 1975, the three persons receiving the highest number of votes for seats on the Council shall be elected to four-year terms; the two persons receiving the next highest number of votes for seats on the Council shall be elected to two-year terms. Beginning at the regular municipal election to be held in 1977, and every four years thereafter, two persons shall be elected to seats on the Council and shall serve four-year terms. Beginning at the regular municipal election to be held in 1979, and every four years thereafter, three persons shall be elected to seats on the Council and shall serve four-year terms.

"Section 3.5. Election of the Mayor; Term of Office. At the organizational meeting of the Council following each regular municipal election, the Council shall elect one of its members to serve as its Mayor. The Mayor shall serve as such at the pleasure of the Council.

"ARTICLE IV. ELECTIONS.

"Section 4.1. Conduct of Village Elections. Village officers shall be elected on a nonpartisan basis and the results determined by a plurality of the votes cast, as provided by G.S. 163-292.

"ARTICLE V. ADMINISTRATION.

"Section 5.1. Form of Government. The Village of Walnut Creek shall operate under the mayor-council form of government as provided in G.S. 160A, Article 7, Part 3.

"ARTICLE VI. REGULATION OF INTOXICATING BEVERAGES.

"Section 6.1. Authorization for Malt Beverage and Unfortified Wine Election. Notwithstanding the minimum population requirement of G.S. 18A-52(a), an election is hereby authorized to be held in the Village of Walnut Creek for the purpose of determining whether malt beverages or unfortified wine or both shall be sold in the Village of Walnut Creek. In all other respects, such an election shall be held in accordance with the provisions of G.S. 18A-52 and G.S. 18A-53."

Sec. 6. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 19th day of June, 1975.