NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 636

SENATE BILL 435

 

 

AN ACT TO PROVIDE AN ELECTION OR REFERENDUM FOR CERTAIN AREAS IN ROBESON COUNTY ON THE QUESTION OF WHETHER OR NOT THEY SHALL BE ANNEXED TO THE LUMBERTON CITY ADMINISTRATIVE UNIT AND BE SUBJECT TO THE SCHOOL TAXES LEVIED IN THE LUMBERTON CITY ADMINISTRATIVE UNIT IF SO ANNEXED.

 

The General Assembly of North Carolina do enact:

 

Section 1. The two areas or territories whose residents shall be the subject of the elections or referendums hereinafter provided as to whether or not the said areas shall be annexed to the territory of the Lumberton City Administrative Unit are hereby designated as "A" Addition and "B" Addition and are hereby described as follows:

"A" Addition:

"Beginning at a point in the North line of the limits of the City of Lumberton, North Carolina, said point being 60 feet in a westerly direction from the center line of the V. & C. S. Railroad, and runs thence in a northerly direction, and 60 feet at right angles West of the center line of said railroad, to a point which is 300 feet at right angles South of the South right of way line of the Bee Gee Road, thence in an easterly direction, and 300 feet at right angles South of the South right of way line of said Bee Gee Road, to a point which is 300 feet at right angles West of the West right of way line of North Carolina Secondary Road No. 1945 (the Meadow Road); thence in a southerly direction and 300 feet at right angles West of the West right of way line of said North Carolina Secondary Road No. 1945, to a point in the center of Five Mile Branch; thence in an easterly direction with the run of Five Mile Branch to the center of a canal constructed by the North Carolina Highway Commission; thence in a northerly direction with the center of said canal to a point in said canal which is 300 feet South of the southeast right of way of North Carolina Secondary Road No. 1947; thence in a northerly direction, and paralleling the course of North Carolina Secondary Road No. 1945, to a point where said line intersects the North line of the Margaret French McLean land, if extended; thence in a westerly direction with the North line of the Margaret French McLean line, if extended, to said Margaret French McLean line; thence in a westerly direction with the North line of the Margaret French McLean lands to a point where said line intersects the West right of way line of U. S. Highway I-95; thence with the West right of way line of U. S. Highway I-95, to a point where the said right of way line intersects the North line of the city limits of the City of Lumberton."

"B" Addition:

"FIRST TRACT

"Beginning at a point in the center of Gum Branch Canal, in the corporate limits of Lumberton, the northernmost corner of the Knox Kinlaw Farm, said beginning point being the beginning point of a city limits extension to include the South Lumberton High School and running thence with the center of Gum Branch Canal South 80 degrees 47 minutes East, 341.7 feet to a point; thence continuing with the center line of the canal South 82 degrees 46 minutes East, 438 feet to a point in the center of the canal at the southern extension of Lots 'F' and 'G' of Sandy Grove Subdivision, Ext. No. 2, Plat Book 16, page 56; thence about South 20 degrees West, 1940 feet, more or less, to a point at the southeast corner of Lot 68, 'E. M. Johnson Subdivision'; thence about 57 degrees 15 minutes West, 1,000 feet, more or less, to the southernmost corner of Lot 63, 'Washington Park Annex'; thence with the southern line of Lot 42, of 'Washington Park Annex', North 88 degrees 30 minutes West, about 230 feet to a point in the center of Allen Street (S. R. 2206); thence with the center of Allen Street, North 05 degrees and 00 minutes West, about 950 feet to the intersection with a line parallel to and 450 feet southeast of North Carolina Highway 41; thence with the line parallel to and 450 feet southeast of North Carolina Highway 41, about South 51 degrees 45 minutes West, 3050 feet, more or less, to a point at the intersection of said parallel line with the southerly extension of the western line of the residence lot of Angus Thompson; thence with the extension of the western line of the Angus Thompson lot and with the western line of said Angus Thompson residence lot, North 39 degrees, 50 minutes West, 455.74 feet, more or less, to the center of North Carolina Highway 41; thence with the center of North Carolina Highway 41, North 50 degrees 10 minutes East, about 110 feet to the intersection with the center of S. R. 2501; thence with the center of S. R. 2501 in a northwesterly direction, 730 feet, more or less, to the intersection with the center of the Old Stage Road (S. R. 2415); thence with the center of the Old Stage Road (S. R. 2415), North 21 degrees 00 minutes East, 400 feet, more or less, to a point; thence continuing with the center of the Old Stage Road, North 44 degrees 15 minutes East, 262 feet, more or less, to a point; thence continuing with the center of the Old Stage Road, North 63 degrees 45 minutes East, 452 feet, more or less, to the intersection with the western line of the city limit; thence with the western line of the city limits South 23 degrees 15 minutes East, about 22 feet to the southwest corner (Point 7) of the South Lumberton High School City Limit Extension, said point being the northwest corner of Lot 114, 'Hargrove Heights, Exhibit C'; thence with the southern line of the above mentioned city limits extension (reversed)     North 63 degrees 06 minutes East, 594.4 feet to Point 6 of said extension; thence continuing with the southern line of the city limits, North 66 degrees 28 minutes East, 623.0 feet to Point 5; thence continuing with the southern line of the city limits, North 71 degrees 10 minutes East, 567.2 feet to Point 4; thence continuing with the southern line of the city limits, North 68 degrees 45 minutes East, 510.5 feet to Point 3; thence with the southern line of city limits, North 62 degrees 24 minutes East, 126.5 feet to Point 2; thence continuing with the southern line of the city limits, crossing Highway 41, North 57 degrees 19 minutes East, 1189.1 feet to the beginning."

"SECOND TRACT

"Beginning at a point in Gum Branch Canal in the corporate limit line of the City of Lumberton, North Carolina, said point being Point Number 16 in the extension of the corporate limits of Lumberton, North Carolina, to include new high school site in South Lumberton, North Carolina, and run thence with the center line of Gum Branch Canal North 82 degrees 15 minutes West, about 185 feet to a point; thence North 81 degrees 25 minutes West, 432.2 feet to a point; thence North 81 degrees 45 minutes West, about 130 feet to a point at the intersection with the northern line of Sam Floyd Subdivision, between Lots 69 and 97; thence South 57 degrees 15 minutes West, 220 feet more or less, to the westernmost corner of Lot 33, Sam C. Floyd Subdivision; thence with the western line of Lots 6 through 33 of Sam C. Floyd Subdivision, South 41 degrees 00 minutes East, 740 feet, more or less, to a point in the western line of Lot 1 of said subdivision, said point being the twelfth point in the above mentioned city limits extension; thence with the northern line of said city limits extension, North 58 degrees 58 minutes East, 156.5 feet to a point; thence continuing with said extension, North 57 degrees 37 minutes East 429.2 feet to an iron pipe in the West edge of a ditch, the fourteenth point of the above mentioned city limits extension; thence with the western edge of the ditch, North 42 degrees 05 minutes West, 110.0 feet to a stake, the fifteenth point; thence continuing with the western edge of ditch and the above mentioned city limits extension, North 10 degrees 40 minutes East, 102.3 feet to the beginning."

Sec. 2. Upon presentation to the Robeson County Board of Education of a petition signed by twenty-five per cent (25%) of the qualified voters who reside in the area designated in this Act as "A" Addition, and, likewise, upon presentation of a petition to the Robeson County Board of Education signed by twenty-five per cent (25%) of the qualified voters who reside in the area designated in this Act as "B" Addition, it shall be the duty of the Robeson County Board of Education to consider said petitions and to decide whether or not the said Robeson County Board of Education shall petition the Board of County Commissioners of Robeson County for an election on the question of whether or not the area designated as "A" Addition and the area designated as "B" Addition shall be annexed to the Lumberton City Administrative Unit and become a part of same and its public school system. If the Robeson County Board of Education decides to petition the Board of County Commissioners of Robeson County for an election or referendum to be held in each of the above designated areas, then the Board of County Commissioners of Robeson County shall conduct and hold an election or referendum in each of the above designated areas, and in both of said areas, for the purpose of determining if said areas, either one or both, shall be annexed to the Lumberton City Administrative Unit. The said election shall be held according to the rules and regulations set forth in Article 14 of Chapter 115 of the General Statutes and particularly according to the rules governing elections set forth in G. S. 115-122. There shall be separate elections or referendums in each of the above described areas to the end that it may be determined whether both areas desire annexation, whether only one of said areas desires annexation, or whether both of said areas do not desire annexation. The ballot to be used in each area above described shall have written or printed thereon the words: "FOR annexation of 'A' Addition to the Lumberton City Administrative Unit and for school tax at the same rate as to the supplemental taxes levied by the Lumberton City Administrative Unit and as to the tax for the retirement of the capital improvement program of the Lumberton City Administrative Unit passed in June, 1963." Likewise, there shall also be printed on the same ballot the following: "AGAINST annexation of 'A' Addition to the Lumberton City Administrative Unit and for school tax at the same rate as to the supplemental taxes levied by the Lumberton City Administrative Unit and as to the tax for the retirement of the capital improvement program of the Lumberton City Administrative Unit passed in June, 1963." The same question in the same form and manner shall likewise be printed on the ballot for the election or referendum to be held in "B" Addition.

The Board of County Commissioners of Robeson County shall have the power and authority to call upon the Robeson County Board of Elections to hold or conduct such elections or referendums if the said Board of County Commissioners desires to do so, and the expense of such elections or referendums shall be paid by the Board of County Commissioners of Robeson County. If a majority of the qualified voters voting in each of the areas above described shall vote in favor of the annexation and tax equalization in any one or both of said areas, then any one or both of said areas, as the case may be, shall be annexed to the Lumberton City Administrative Unit, and the residents of said areas, or said area, as the case may be, so annexed, shall become a part of the Lumberton City Administrative Unit as to its public schools and shall pay the school taxes assessed and heretofore existing in the Lumberton City Administrative Unit, together with such other taxes as may from time to time be lawfully imposed for the use and benefit of the Lumberton City Administrative Unit. If a majority of qualified voters voting in said election in either one or both of said areas shall vote against annexation and equalization of taxes, then the status of either one of said areas or both of said areas so voting in the negative shall be the same as the status prior to the election.

Sec. 3. If the Board of Education of Robeson County shall refuse to petition the Board of County Commissioners of Robeson County for an election or referendum as set forth above, then in such case the Board of County Commissioners of Robeson County shall call an election or referendum for the purpose of presenting to each of the areas above described the question of annexation and the assumption of a school tax at the same rate as that of the Lumberton City Administrative Unit by the residents in each of said areas above described. Separate elections shall be held in each area and the question presented shall be the same as that set forth in Section 2 of this Act, and the results of said election or referendum in each of said areas shall be determined as set forth in Section 2 of this Act, The said election or referendum may be held by the County Board of Elections of Robeson County if the Commissioners request said Board to so do, and the Board of County Commissioners of Robeson County shall pay the expense of said elections or referendums. The said elections or referendums shall be held according to the rules and regulations set forth in Article 14 of Chapter 115 of the General Statutes, and particularly the rules governing elections set forth in G. S. 115-122. In case either or both of said areas vote for annexation to the Lumberton City Administrative Unit the taxes referred to in this Act which are to be equalized are the supplemental taxes levied by the Lumberton City Administrative Unit as adopted in 1956, and the tax passed by the voters of the City of Lumberton for the retirement of the capital improvement program, the same having been passed on the sixteenth day of April, 1963, and such other taxes as may from time to time be lawfully imposed for the use and benefit of the Lumberton City Administrative Unit.

Sec. 4. If the results of said elections or referendums shall be in favor of annexation in the case of either one or both of the areas above described, then the school taxes referred to in this Act as to the residents of the area or areas so annexed shall be levied and collected in the same manner as the taxes for the public schools of the Lumberton City Administrative Unit as administered by the Lumberton City Board of Education.

Sec. 5. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 6. 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 31st day of May, 1967.