S.L. 1963-776

NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

CHAPTER 776

HOUSE BILL 1174

AN ACT TO INCORPORATE THE TOWN OF RANLO IN GASTON COUNTY, STATE OF NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Section 1. The inhabitants of the Town of Ranlo in Gaston County, within the boundaries hereinafter established in Section 2 of this Charter or as hereafter established in the manner provided by law, are hereby incorporated under the name of the Town of Ranlo, subject to the provisions of Section 3 of this Act, and the same is hereby created a body politic and corporate and shall hereafter possess all the corporate powers and be subject to all the provisions contained in Chapter 160 of the General Statutes of North Carolina and other general laws of the State relating to cities and towns, and all such provisions that are not inconsistent with this Act are hereby made a part of the same.

Sec. 2. The boundaries and corporate limits of said Town of Ranlo shall be as follows:

Beginning at an iron stake situate 230 feet West of the center line of Cox Road on the northerly right of way line of Southern Railway, and runs thence with the northerly right of way of Southern Railway in an easterly direction a curve to the right for a distance of 3975 feet more or less to a point situate in the northerly right of way line of Southern Railway, said point being situate East 201 feet from the extended center line of Walnut Avenue and West 2460 feet more or less from the center line of Lineberger Road; thence a line running North 24 degrees 30 minutes East 1301.2 feet more or less to a point situate 1000 feet North of the center line of P&N Railway; thence North 72 degrees 55½ minutes West 1900 feet to an iron pin situate 1000 feet North of the center line of P&N Railway; thence North 18 degrees 46½ minutes East 5231.9 feet to an iron stake situate 200 feet East of the center of Spencer Mountain Road; thence North 88 degrees 27 minutes West 3836.07 feet to an iron pin; thence South 3 degrees 40½ minutes West 3729 feet to an iron pin; thence South 82 degrees 36 minutes East 456.5 feet to an iron pin, said pin being situate 300 feet West of the center line of Spencer Mountain Road; thence South 19 degrees 23 minutes West 2000.92 feet to an iron pin situate 230 feet West of the center line of Spencer Mountain Road; thence South 18 degrees 18½ minutes West 101.27 feet to an iron pin situate 230 feet West of the center line of Spencer Mountain Road; thence continuing in a southerly direction a curve to the left having a radius of 3449.8 feet, a distance of 212.24 feet to an iron pin situate 230 feet West of the center line of Cox Road; thence continuing a line 230 feet West of the center line of Cox Road South 14 degrees 47 minutes West 166.38 feet to an iron stake situate 230 feet West of the center line of Cox Road on the northerly right of way line of Southern Railway, the point of beginning.

Sec. 3. For the purpose of determining the question of incorporation, the Gaston County Board of Elections shall call and hold for the Town of Ranlo a special election to determine whether the Town shall be incorporated as herein provided. The said special election shall be held at the expense of the County of Gaston. The County Board of Elections shall hold the said election on July 20, 1963, or as soon thereafter as practicable in keeping with the laws governing municipal elections, said laws to apply insofar as the same may be applicable. The said Board of Elections shall make all the necessary provisions for the holding and conducting of the election, including the canvassing of the returns and the declaration of the results of said election. The call for said election shall be published in some newspaper in Gaston County, for the period of once a week for two (2) successive weeks prior to said election.

The Gaston County Board of Elections shall select the polling place for such election. All persons who have been residents of the area defined in Section 2 of this Act for more than sixty (60) days next preceding said election shall be eligible to vote in said election. The Gaston County Board of Elections shall appoint a registrar who shall set up a set of registration books. All persons desiring to participate in said election who are qualified as hereinbefore defined, shall present themselves to the registrar who shall register them according to the general laws of North Carolina. The registrar shall maintain the registration books at the polling place from 9:00 o'clock A. M. until sundown during the twelfth through the eighteenth days, inclusive, immediately preceding said election. On the Saturday before said election, such day shall be designated as "challenge day", during which any qualified voter, resident of the area hereinbefore described, may challenge the competency of any other registered voter to vote. Said challenge shall be heard by two (2) judges and the registrar. The judges shall be appointed by the Gaston County Board of Elections.

At said special election the qualified voters residing within the town limits as set forth in this Act shall present themselves to the election officials at the respective voting place and shall be furnished with a ballot upon which shall be written or printed the words "For incorporation of the Town of Ranlo and acceptance of the terms and conditions of the Town Charter" and "Against incorporation of the Town of Ranlo and acceptance of the terms and conditions of the Town Charter". If at the special election for the incorporation, a majority of the votes cast shall be "Against incorporation of the Town of Ranlo", this Act shall be null and void. If at such special election of the majority of votes cast shall be "For incorporation of the Town of Ranlo", then, from and thereafter the Town of Ranlo shall be incorporated as provided herein. All costs of the special election hereinabove authorized shall be reimbursed to Gaston County by the Town of Ranlo, if it is incorporated, within two (2) years after such incorporation.

Sec. 4. The officers of the Town of Ranlo shall consist of a Mayor and five (5) Commissioners, who shall constitute the governing body of said municipality. The following members of the governing body are hereby appointed to serve from the effective date of this Act until their successors are duly elected and qualified as hereinafter provided: Amos Flowers, Mayor and J. G. England, W. G. Craig, 0. G. Paysour, B. C. Tate, J. M. Bradley, Commissioners.

Sec 5. As a body politic and corporate by the name of Ranlo, Gaston County, North Carolina, said municipality shall have perpetual succession; may use a corporate seal; may sue and be sued; may acquire property within or without said boundary lines for any municipal purpose, in fee simple or lesser estate, by purchase, gift, devise, lease or condemnation, and may sell, lease, hold, manage and control such property as its interest may require, and except as may be prohibited by the Constitution of the State of North Carolina or the general municipal laws of North Carolina, the Town of Ranlo shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature, whatsoever, as provided under Chapter 160 of the General Statutes, including the following:

(1) To levy, assess and collect taxes when and if necessary, and to borrow money within the limits and regulations prescribed by the general municipal and fiscal laws of North Carolina and the Constitution thereof; to levy and collect special assessments for benefits conferred.

(2) To furnish all local public services; to purchase, hire, construct, own, maintain and operate or lease local public utilities; to acquire by condemnation or otherwise, within or without corporate limits, property necessary for any such purposes, subject to restrictions imposed by general law for protection of other communities; and to grant local public utility franchises and regulate the exercise thereof.

(3) To make local public improvements and to acquire, by condemnation or otherwise, property necessary.

(4) The Board of Commissioners of the Town of Ranlo is authorized and empowered to exercise any and all powers of planning and zoning conferred upon municipal corporations by the General Statutes of North Carolina.

(5) The jurisdiction of all police and law enforcement officers, if any, shall extend throughout the area within corporate limits and beyond to such extent provided by the General Statutes of North Carolina.

(6) To adopt and enforce within its limits local police, sanitary and other similar regulations not in conflict with the general laws.

(7) To issue bonds for the purposes and in the manner prescribed by the general laws of the State of North Carolina for the issuance of bonds by municipalities.

(8) Enumeration of powers above shall not be deemed exclusive, but it is intended that the Town of Ranlo shall have, and may exercise, all powers which, under the Constitution of the State of North Carolina and the general laws of North Carolina, it would be competent for this Charter to enumerate.

Sec. 6. Governing Board. The powers of the Town shall be vested in a Board of Commissioners of five (5) members and a Mayor nominated and elected from the Town at large in the manner hereinafter provided. The term of office shall be for a period of two (2) years and until their successors are elected and qualified, except that the initial Board herein appointed shall serve from the effective date of this Act, upon taking the required oath hereinafter provided, until the next regular municipal election. Vacancy in office of Mayor or Commissioner shall be filled by the Board of Commissioners for the unexpired term. The Mayor and each member of the Board of Commissioners shall receive such salary as prescribed by ordinance.

Sec. 7. Meetings of Board of Commissioners. The first meeting of the Board of Commissioners shall be held no later than thirty (30) days after the effective date of this Act, at which time all members shall take the oath of office hereinafter prescribed. Thereafter, they shall meet at such regular times as may be prescribed by ordinance. The Board shall determine in what manner and upon what notice special meetings may be called. On the day following the next regular municipal election in May, 1965, those elected as Mayor and as members of the Board of Commissioners, shall meet at 12:00 o'clock Noon, take oath of office and assume their duties. This shall be the regular procedure after each regular municipal election thereafter. All subsequent meetings shall be held in accordance with this Section.

Sec. 8. Duties, Powers and Quorum. (1) The Mayor shall preside at meetings of the Board of Commissioners and shall exercise such powers and perform such duties as may be conferred and imposed upon him by the general laws of North Carolina, this Charter and the ordinances adopted, and as generally associated with the office of Mayor. In times of prolonged illness or disability of the Mayor, the Board of Commissioners may elect one of its number to act as Mayor during such absence on account of illness and/or disability.

(2) The Board of Commissioners shall determine its own rules and order of business and keep a journal or minute book of its proceedings.

(3) Quorum shall be a majority of the members elected to the Board of Commissioners present and voting. Affirmative vote of a majority of the members elected to the Board of Commissioners shall be necessary to adopt ordinances, resolutions, orders, or other matters of business.

Sec. 9. Ordinances. Ordinances and resolutions shall be introduced by the Board of Commissioners in writing or printed form. The yeas and nays shall be taken upon passage of all ordinances and resolutions and entered upon the journal or official minute book kept of all proceedings. All ordinances, including annual tax levy, appropriations, assessments for local improvements and emergency measures shall take effect as indicated therein except as may be otherwise required by the General Statutes of North Carolina. All ordinances and resolutions, as finally adopted, shall be authenticated by signatures of the Mayor and Town Clerk in minutes and otherwise as needed.

Sec. 10. Municipal Elections. (1) The first regular election for choice of Mayor and members of the Board of Commissioners shall be held on the first Tuesday after the first Monday in May, 1965, and on the first Tuesday after the first Monday in May of each odd-numbered year thereafter. Special elections shall be set and conducted by and under resolution of the Board of Commissioners.

(2) All elections shall be conducted in accordance with the General Statutes of North Carolina relating to Municipal Elections (Chapter 160, Article 3), except as further modified and provided by this Act.

(3) Any person desiring to become a candidate for election to the office of Mayor or Board of Commissioners of the Town of Ranlo shall at least fifteen (15) days prior to said election, file with the Town Clerk a statement of such candidacy in substantially the following form:

"State of North Carolina:

County of Gaston:

I, ______________________, hereby give notice that I reside within the corporate limits of the Town of Ranlo, County of Gaston, State of North Carolina, that I am a candidate for election to the office of ________________________________________

to be voted on at the general municipal election to be held on the ______ day of May, 19______, and I hereby request that my name be printed upon the official ballot to be voted in said election.

(Signed) __________________________________

Candidate

(Date)

___________________________________."

At the time of filing such notice of candidacy, each candidate so filing shall pay the Town Clerk a filing fee of five dollars ($5.00). Proceeds of said filing fees shall be used to defray costs of printing ballots and other election costs. Any candidate may withdraw his notice up to the last day for filing by doing so in writing, but the filing fee shall be forfeited.

(4) All qualified electors in order to be able to vote in a municipal election must be registered in the Town of Ranlo. Registration books shall be open for registration of voters during the fourth, third and second weeks immediately prior to the election, ending on the second Saturday immediately prior to the election. The last Saturday immediately prior to the election shall be Challenge Day. The Registrar shall be at the polling place on the Saturdays of each week above specified from 9:00 o'clock A. M. until sunset. The general election laws concerning age, residence and other qualifications shall apply.

(5) On April 1, 1965, and biennially thereafter (except on Monday following should April 1st fall on Sunday), the Mayor and Board of Commissioners shall cause notice of the election to be posted in three (3) public places in the corporate limits of the Town of Ranlo and such notice shall state substantially:

(a) The date and polling place;

(b) The names of the registrar and judges;

(d) Requirements for registration;

(e) Requirements as to filing notice of candidacy.

(6) All properly registered persons shall be entitled to vote for one candidate for Mayor and for as many candidates as there are members to be elected to the Board of Commissioners. All candidates up to the number to be elected who receive the largest number of votes shall be declared elected. The registrar and judges shall certify the results of each election and the same shall be entered in the official minute book of the Town of Ranlo by the Town Clerk.

(7) On the day following each municipal election, those elected to office of Mayor and Commissioners shall meet at the town hall at 12:00 o'clock Noon, and there before a Notary Public or other official authorized to administer oaths, take and subscribe to the oath of office hereinafter set out, before assuming their duties.

Sec. 11. Organization. (1) Upon assuming their duties the Board of Commissioners may appoint a Town Clerk, a Treasurer, a Tax Collector, a Town Attorney, a Chief of Police, a Fire Chief, Street and Water Superintendent, and such other officers, employees and personnel as may be necessary, and residence within the corporate limits of the Town of Ranlo shall not be necessary unless so ordered by the Board of Commissioners; provided, that the Board of Commissioners may appoint one person to fill any two or more positions (when not contrary to the North Carolina Constitutional provision against double-office holding). Such officers and employees shall serve at the pleasure of the Board of Commissioners, and shall perform such duties as may be prescribed by the Board. The Board of Commissioners shall fix all salaries, prescribe bonds and require such oaths as they deem necessary.

(2) All monies received by any department or agency of the Town shall be put promptly into the town depository as designated by ordinance adopted by the Board of Commissioners. The Board shall designate personnel to receive and handle monies. Disbursement of money shall be only on vouchers signed by the Mayor, or the Town Treasurer, or by other officers as designated by the Board.

3. Purchases for the Town shall be by personnel so authorized, and in the manner authorized by the Board of Commissioners. All expenditures for supplies, materials and equipment involving more than one thousand dollars ($1,000.00) shall be made on a written contract and after bids have been received, opened and awarded as prescribed by the Board.

(4) The fiscal year shall run from July 1st through the succeeding June 30th. As soon as practicable after the close of each fiscal year, the Board of Commissioners shall have an audit of the town accounts by a qualified public accountant and the audit report published upon completion in some newspaper of general circulation in Gaston County, North Carolina.

(5) Every officer of the Town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept with the records of the Town:

"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of North Carolina; that I will, in all respects, observe the provisions of the Charter and ordinances of the Town of Ranlo and will faithfully discharge the duties of the office of ___________________________."

Sec. 12. At any time within fifteen (15) years from the effective date of this Act, the City of Gastonia may, by adoption of an ordinance of annexation or by other means then authorized under the laws of this State, annex the entire area included within the description of the boundaries of the corporate limits of the said Town of Ranlo, no further vote upon the issue of annexation by the City of Gastonia shall be required of the citizens of the Town of Ranlo living within the corporate boundaries of the said Town, it being specifically provided herein that the residents of the Town of Ranlo, by the acceptance of the terms and conditions of this Charter, do hereby agree to possible future annexation by the City of Gastonia under the terms and conditions herein set forth. If the Town of Ranlo is annexed by the City of Gastonia, such annexation shall include the assumption by the City of Gastonia of all indebtedness of the Town of Ranlo existing at the time of such annexation.

Sec. 13. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed and it is specifically provided that any attempt by an existing municipality to annex the area described in Section 2 of this Act shall be, and the same is hereby, declared to be null and void if a majority of the voters resident in the Town of Ranlo vote to accept the Charter contained in this Act.

Sec. 14. If any Section, clause or sentence of this Act shall be declared invalid, no other Section, clause or part of this Act shall be affected thereby.

Sec. 15. 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 7th day of June, 1963.