NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 967

HOUSE BILL 1139

 

 

AN ACT TO AUTHORIZE AN ELECTION ON THE QUESTION OF CONSOLIDATION OF THE TOWN OF DRAPER, THE CITY OF LEAKSVILLE, THE TOWN OF SPRAY, AND THE MEADOW GREENS SANITARY DISTRICT AS A SINGLE MUNICIPALITY.

 

The General Assembly of North Carolina do enact:

 

Section 1. (a) There shall be conducted on Tuesday, September 12, 1967, in the area described in Section 2 (a) of this Act, a special election on the question of consolidation of the Town of Draper, the City of Leaksville, the Town of Spray, and the Meadow Greens Sanitary District as a single municipality and a vote in favor of such consolidation shall constitute a vote for such single municipality to assume the obligations of the Town of Draper, the City of Leaksville, the Town of Spray, and the Meadow Greens Sanitary District. Such special election shall be conducted in the Town of Draper, the City of Leaksville, the Town of Spray by the respective municipal governing bodies, and in the remainder of the described area by the Board of Elections of Rockingham County.

(b)       No new or special registration of voters shall be required for such special election in the three municipalities, but the Board of Elections shall conduct a special registration of voters in that portion of the area described in Section 2(a) which lies outside the corporate limits of the three municipalities. The registration books of each of the three municipalities shall be used in conducting the election in each respective municipality, and the special registration book or books hereinabove provided for shall be used in conducting the election in the remainder of the described area. The existing precincts and polling places shall be used in the three municipalities, and the Board of Elections of Rockingham County shall establish one or more precincts and polling places in the remainder of the described area. The registration books of each of the municipalities and the special registration book or books of the County shall be open for the registration of new voters beginning on Monday, August 14, 1967, and continuing through Saturday, August 26, 1967. Challenge day for such special election shall be Saturday, September 2, 1967.

(c)       The Board of Elections of Rockingham County shall cause to be published at least once in each of the fourth, third, and second calendar weeks preceding the day of the special election, in the Leaksville News, a notice of the registration and special election. Such notice shall include the time and places of registration; the polling places; the date of challenge day; the date of the special election; a general description of the area within which the election is to be conducted; and a statement that those voters who are then registered to vote in municipal elections in the Town of Draper, the City of Leaksville, or the Town of Spray shall not be required to register again in order to vote in the special election, and those voters residing in the remainder of the described area who are then registered to vote in county elections as well as those who are not then so registered shall be required to register in the special registration book or books hereinbefore provided for in order to vote in the special election.

(d)       For such special election, the Board of Elections of Rockingham County shall provide ballots which contain the words "FOR Consolidation of Draper, Leaksville, Spray, and Meadow Greens" and "AGAINST Consolidation of Draper, Leaksville, Spray, and Meadow Greens", with appropriate squares so that each voter may by his cross (X) mark indicate his preference.

(e)       At such special election, the Board of Elections of Rockingham County shall also provide a ballot containing at least three but not more than five proposed names for the new municipality in the event the special election results in consolidation. Such ballot shall preface each such proposed name with the words "City of", and shall contain at the top in bold type the words "Vote for one name only". The Board of Elections shall cause to be published at least once preceding the day of the special election, in the Leaksville News, the proposed names. In the event such special election results in consolidation, the proposed name receiving the largest number of votes shall be the name of the new municipality created by such consolidation.

(f)        Following such special election, the votes in each of the three municipalities shall be canvassed as in regular municipal elections, and the results thereof certified to the Board of Elections of Rockingham County. The votes in the remainder of the described area shall be canvassed and certified as in county elections. The Board of Elections shall meet on the day following the special election to determine and declare the results thereof.

(g) (1)   If a majority of the votes cast in such special election in that portion of the described area excluding the territory within the corporate limits of the Town of Draper, and a majority of the votes cast in such special election in the Town of Draper, shall be cast "FOR Consolidation of Draper, Leaksville, Spray, and Meadow Greens", then the area described in Section 2 (a) of this Act shall be the corporate limits of the new municipality, and Sections 3 through 6 of this Act shall be effective on September 13, 1967.

(2)       If a majority of the votes cast in such special election in that portion of the described area excluding the territory within the corporate limits of the Town of Draper shall be cast "FOR Consolidation of Draper, Leaksville, Spray, and Meadow Greens", and if a majority of the votes cast in such special election in the Town of Draper shall be cast "AGAINST Consolidation of Draper, Leaksville, Spray, and Meadow Greens", then the area described in Section 2 (b) of this Act shall be the corporate limits of the new municipality, and Section 3 of this Act shall be of no force and effect, and Sections 4 through 6 of this Act shall be effective on September 13, 1967.

(3)       If a majority of the votes cast in that portion of the described area excluding the territory within the corporate limits of the Town of Draper shall be cast "AGAINST Consolidation of Draper, Leaksville, Spray, and Meadow Greens", regardless of the results of such special election in the Town of Draper, then Sections 3 through 6 of this Act shall have no force and effect.

(h)       The Board of Elections shall certify the results of such special election to the governing bodies of the Town of Draper, the City of Leaksville, the Town of Spray, and the Meadow Greens Sanitary District, and to the Secretary of the Local Government Commission.

Sec. 2. (a) The special election authorized by Section 1 of this Act shall be conducted in the following described area, and such area shall be the corporate limits of the new municipality should such special election result in consolidation as provided in subsection (g) (1) of Section 1: BEGINNING at a point on the North bank of Dan River corner between old Lucy Sharp and Bethel tracts of land, said beginning point being the identical beginning point of the Draper Town Limits as set out in the Charter of the Town of Draper and runs thence North 86 degrees 45 minutes West 400 feet with the North bank of Dan River to the present steel bridge spanning said river; thence continuing up the North bank of Dan River South 82 degrees West 243 feet and South 63 degrees 15 minutes West 670 feet; thence South 54 degrees 30 minutes West 634 feet to the mouth of Covenant Branch; thence up run of said branch North 5 degrees 15 minutes East 240 feet North 44 degrees 30 minutes East 180 feet North 32 degrees East 253 feet North 9 degrees East 200 feet to the line of Bridge Street; thence North 62 degrees West 122 feet along said Bridge Street to a corner of Lot 140 of the Lucy Sharp addition to Draper at or near the run of another branch entering Covenant Branch; thence up the run of said branch and approximately along the East line of Lots 140, 139, 138, 137, 136, and part of 135, a total distance of approximately 1,018 feet to a point; thence North 88 degrees 30 minutes West through Lots 135, 115, 94, 71, all of the Lucy Sharp Addition to Draper, a distance of 1,086 feet to the Lucy Sharp Line, also corner between Lots 79 and 80, Section 31 of the West Lake Street subdivision, and continuing North 88 degrees 30 minutes West 403 feet crossing West Lake Street to a point; thence North 1 degree 25 minutes East and parallel to West Lake Street 1,875 feet to Henry Kirks line formerly Mack Jarrett; thence North 88 degrees 50 minutes West approximately 2,550 feet to a point; thence South 72 degrees West approximately 2,300 feet and paralleling Sharp Street, and being 200 feet from the South line of said street; thence North 18 degrees West 1,863 feet to a point 200 feet South of the South line of Virginia Avenue; thence South 72 degrees West 4,050 feet and parallel with Virginia Avenue to a point in the center line of the old "Three Gate" Street (now Edgewood Road) in line of present Meadow Greens Sanitary District line; thence with center line of Edgewood Road in a southerly direction to corner of Duke Power Co. (that land acquired from Marshall Field & Co.); thence with line between what is now Fieldcrest Mills, Inc., and Duke Power Co., South 63 degrees 08 minutes West 1,519.9 feet to center line of Moir Branch at intersection of center line of Duke Power Co., powerline; thence down and with center line of run of Moir Branch to corner with Fieldcrest Mills, Inc., South line; thence with Fieldcrest Mills, Inc., South line South 82 degrees 22 minutes West 3,465.43 feet to a stone marking a corner between Fieldcrest Mills, Inc., and Spray Water Power & Land Co.; thence continuing same course across land of Spray Water Power & Land Co., to center line of N. C. State Highway No. 14; thence, a new line, in a westerly direction 4,360 feet, more or less, to a point on the East bank of Dan River below site of old Wooden Bridge in line of present Leaksville City Limits; thence up the East and North bank of Dan River to the mouth of Tanyard Branch; thence with the low water line of Dan River crossing under a concrete bridge at South Hamilton Street (N. C. Highway No. 87) to a point where Burton Branch enters said Dan River, original Town of Leaksville line; thence continuing up and with the low water line of the North bank of the Dan River to the Town of Leaksville line as established July 27, 1953; thence continuing with the low water line of the North bank of Dan River to a point where Matrimony Creek empties into Dan River; thence up and with the East bank of Matrimony Creek to a point where N. C. Highway No. 770 (Leaksville to Stoneville) bridge crosses said creek; thence continuing with the East bank of Matrimony Creek to what is known as Lower King's Mill Dam; thence continuing up Matrimony Creek to a point where the Leaksville-Price Road bridge crosses what is called King's Mill Pond; thence continuing with the East bank of Matrimony Creek to a point where Boiling Springs Branch empties into Matrimony Creek; thence continuing up Boiling Springs Branch to a point where Spence Springs Branch enters Boiling Springs Branch; thence continuing up Boiling Springs Branch to a cement marker located on the East side of Oakland Avenue in the Dunn-C. H. Robertson homeplace front yard; thence at right angles from the aforesaid point 400 feet from Oakland Avenue to another cement marker; thence southeastwardly to the line of Fourth Street in the Oakland-Dunn property line; thence with the South side of Fourth Street through the Oakland Subdivision, crossing Union, Bryant and Hamilton Streets to a point intersecting the old Spray Water Power and Land Company line, projected northwestwardly, said point being in line of present Spray Town Limits; thence northwardly parallel with Hamilton Street and 250 feet eastwardly from the center line of said street about 2,900 feet to the center line of Kendall Street; thence with the center line of said street in a westwardly direction about 100 feet to a point in Kendall Street, said point being about 150 feet eastwardly from the center line of Hamilton Street and running thence in a northwardly direction and parallel with the center line of Hamilton Street at a distance of 150 feet therefrom, crossing Morgan Ford Road, 3,800 feet, more or less, to a point in the present Spray Sanitary District Line, said point being 300 feet, more or less, in a northern direction from the center line of Morgan Ford Road, and continuing with the present Spray Sanitary District Line about North 45 degrees East 200 feet, more or less, to a point; thence southeasterly and paralleling Morgan Ford Road (and being 420 feet from the center line of same) 2,000 feet, more or less, to a point in line with the mineral spring branch; thence with said branch as it runs to Smith River and crossing said river to the northeast bank 1,500 feet, more or less, to a point; thence down along the north bank of said river in an eastwardly direction 2,500 feet, more or less, to an ash tree (old Strong corner) near the northeast bank of Smith River; thence northeastwardly about 360 feet to an iron pipe, corner of old Bateman (now North Spray Subdivision) tract; thence North 14 degrees 54 minutes East 1,468.5 feet to a white oak; thence North 87 degrees 37 minutes East with line of North Spray Subdivision, 471.4 feet; thence South 19 degrees East 643 feet with said subdivision; thence South 23 degrees 30 minutes West 856 feet with said subdivision; thence North 81 degrees 09 minutes East about 300 feet to a point in the present Spray Sanitary District Line, said point being 600 feet more or less, in a westwardly direction from Summit Road, running thence approximately parallel with Summit Road about North 52 degrees East 1,600 feet, more or less, to a point; thence South 78 degrees East approximately 400 feet to a point; thence North 6 degrees 43 minutes East 205.79 feet to a point; thence North 4 degrees 01 minutes East 93.75 feet to a point; thence North 3 degrees 04 minutes West 80.62 feet to a point; thence North 4 degrees 03 minutes East 1,332.4 feet to a point; thence North 34 degrees 16 minutes East 309.08 feet to a point; thence North 5 degrees 15 minutes West 380 feet to the South side of Woodlawn Drive; thence crossing Woodlawn Drive North 0 degrees 36 minutes East 348 feet to a point; thence South 83 degrees 40 minutes East 140.5 feet to a point; thence South 77 degrees 45 minutes 28 seconds East crossing Hillcrest Drive and Pine Land 1,555.20 feet to a point; thence South 11 degrees 43 minutes East 335.33 feet to a point; thence South 45 degrees 17 minutes West 152.54 feet to a point; thence South 0 degrees 23 minutes West 500.49 feet to a point; thence South 66 degrees 09 minutes East 468.67 feet to a point; thence South 24 degrees 08 minutes West 362 feet to a point; thence South 66 degrees 02 minutes East 200 feet to a point; thence South 24 degrees 08 minutes West 196.51 feet to the North side of Bedford Drive; thence with the North side of Bedford Drive and crossing Cascade Road 250 feet to a point in the eastern margin of Cascade Road; thence along the eastern margin of Cascade Road in a southwestern direction to a point 200 feet northeast of the northeast line of Summit Road; thence, a new line, in a southeasterly direction, parallel with and 200 feet northeast of the northeast edge of Summit Road 6,700 feet, more or less, to a point 200 feet North of the North line of Meadow Road and 200 feet northeast of the northeast line of Summit Road, said point being in the present Draper Town Limits Line; thence eastwardly and along a line parallel and 200 feet therefrom with Meadow Road to Main Street at crossing of the North Fork of Dry Branch; thence along the North Fork of Dry Branch crossing Meadow Road and the D & W Railway to the line of the old Sharp and Bethel tracts; thence South with said line to the point of BEGINNING.

(b)       The following described area shall be the corporate limits of the new municipality should the special election authorized by Section 1 of this Act result in consolidation as provided in subsection (g) (2) of Section 1: BEGINNING at the intersection of the center line of the old "Three Gate" Street (now Edgewood Road) and the center line of Virginia Avenue; thence with the center line of Edgewood Road in a southerly direction to corner of Duke Power Co., (that land acquired from Marshall Field & Co.); thence with line between what is now Fieldcrest Mills, Inc., and Duke Power Co., South 63 degrees 08 minutes West 1,519.9 feet to center line of Moir Branch at intersection of center line of Duke Power Co., powerline; thence down and with center line of run of Moir Branch to corner with Fieldcrest Mills, Inc., South line; thence with Fieldcrest Mills, Inc., South line 82 degrees 22 minutes West 3,465.43 feet to a stone marking a corner between Fieldcrest Mills, Inc., and Spray Water Power & Land Co.; thence continuing same course across land of Spray Water Power & Land Co., to center line of new State highway being constructed along the location of Van Buren Road; thence in a westerly direction 4,360 feet, more or less, to a point on the East bank of Dan River below site of old Wooden Bridge; thence up the East and North bank of Dan River to the mouth of Tanyard Branch; thence with the low water line of Dan River crossing under a concrete bridge at South Hamilton Street (N. C. Highway No. 87) to a point where Burton Branch enters said Dan River, original Town of Leaksville line; thence continuing up and with the low water line of the North bank of the Dan River to the Town of Leaksville line as established July 27, 1953; thence continuing with the low water line of the North bank of Dan River to a point where Matrimony Creek empties into Dan River; thence up and with the East bank of Matrimony Creek to a point where N. C. Highway No. 770 (Leaksville to Stoneville) bridge crosses said creek; thence continuing with the East bank of Matrimony Creek to what is known as Lower King's Mill Dam; thence continuing up Matrimony Creek to a point where the Leaksville-Price Road bridge crosses what is called King's Mill Pond; thence continuing with the East bank of Matrimony Creek to a point where Boiling Springs Branch empties into Matrimony Creek; thence continuing up Boiling Springs Branch to a point where Spence Springs Branch enters Boiling Springs Branch; thence continuing up Boiling Springs Branch to a cement marker located on the East side of Oakland Avenue in the Dunn-C. H. Robertson homeplace front yard; thence at right angles from the aforesaid point 400 feet from Oakland Avenue to another cement marker; thence southeastwardly to the line of Fourth Street in the Oakland-Dunn property line; thence with the South side of Fourth Street through the Oakland Subdivision, crossing Union Bryant and Hamilton Streets to a point intersecting the old Spray Water Power and Land Company line, projected northwestwardly; thence northwardly parallel with Hamilton Street and 250 feet eastwardly from the center line of said street about 2,900 feet to the center line of Kendall Street; thence with the center line of said street in a westwardly direction about 100 feet to a point in Kendall Street, said point being about 150 feet eastwardly from the center line of Hamilton Street and running thence in a northwardly direction and parallel with the center line of Hamilton Street at a distance of 150 feet therefrom, crossing Morgan Ford Road, 3,800 feet, more or less, to a point in the present Spray Sanitary District Line, said point being 300 feet, more or less, in a northern direction from the center line of Morgan Ford Road, and continuing with the present Spray Sanitary District Line about North 45 degrees East 200 feet, more or less, to a point; thence southeasterly and paralleling Morgan Ford Road (and being 420 feet from the center line of same) 2,000 feet, more or less, to a point in line with the mineral spring branch; thence with said branch as it runs to Smith River and crossing said river to the northeast bank 1,550 feet, more or less, to a point; thence down along the North bank of said river in an eastwardly direction 2,500 feet, more or less, to an ash tree (old Strong corner) near the northeast bank of Smith River; thence northeastwardly about 360 feet to an iron pipe, corner of old Bateman (now North Spray Subdivision) tract; thence North 14 degrees 54 minutes East 1,468.5 feet to a white oak; thence North 87 degrees 37 minutes East with line of North Spray Subdivision, 471.4 feet; thence South 19 degrees East 643 feet with said subdivision; thence South 23 degrees 30 minutes West 856 feet with said subdivision; thence North 81 degrees 09 minutes East about 300 feet to a point in the present Spray Sanitary District line, said point being 600 feet, more or less, in a westwardly direction from Summit Road, running thence approximately parallel with Summit Road about North 52 degrees East 1,600 feet, more or less, to a point; thence South 78 degrees East approximately 400 feet to a point; thence North 6 degrees 43 minutes East 205.79 feet to a point; thence North 4 degrees 01 minute East 93.75 feet to a point; thence North 3 degrees 04 minutes West 80.62 feet to a point; thence North 4 degrees 03 minutes East 1,332.4 feet to a point; thence North 34 degrees 16 minutes East 309.08 feet to a point; thence North 5 degrees 15 minutes West 380 feet to the South side of Woodlawn Drive; thence crossing Woodlawn Drive, North 0 degrees 36 minutes East 348 feet to a point; thence South 83 degrees 40 minutes East 140.5 feet to a point; thence South 77 degrees 45 minutes 28 seconds East crossing Hillcrest Drive and Pine Land 1,555.20 feet to a point; thence South 11 degrees 43 minutes East 335.33 feet to a point; thence South 45 degrees 17 minutes West 152.54 feet to a point; thence South 0 degrees 23 minutes West 500.49 feet to a point; thence South 66 degrees 09 minutes East 468.67 feet to a point; thence South 24 degrees 08 minutes West 2,362 feet to a point; thence South 66 degrees 02 minutes East 200 feet to a point; thence South 24 degrees 08 minutes West 196.51 feet to the North side of Bedford Drive; thence with the North side of Bedford Drive and crossing Cascade Road 250 feet to a point in the eastern margin of Cascade Road; thence along the eastern margin of Cascade Road in a southwestern direction to a point 200 feet northeast of the northeast line of Summit Road; thence in a southeasterly direction, parallel with and 200 feet northeast of the northeast edge of Summit Road 6,700 feet, more or less, to a point 200 feet North of the North line of Meadow Road and 200 feet northeast of the northeast line of Summit Road; thence in a southeasterly direction 360 feet, more or less, to the intersection of the center line of Meadow Road and the center line of Edgewood Road; thence with the center line of Edgewood Road in a southerly direction 2,600 feet, more or less, to the intersection of the center line of Edgewood Road and the center line of Virginia Avenue, the point of BEGINNING.

Sec. 3. (a) All property, real and personal and mixed, including accounts receivable, belonging to the Town of Draper shall vest in, belong to, and be the property of, the new municipality created by this Act. The governing body of the Town of Draper is hereby authorized and directed to take such actions and to execute such documents as will carry into effect the provisions and the intent of this Section.

(b)       All judgments, liens, rights of liens, and causes of action of any nature in favor of the Town of Draper shall vest in and remain and inure to the benefit of the new municipality created by this Act.

(c)       All taxes, assessments, water or sewer charges, and any other charges or fees, owing to the Town of Draper shall be owed to and collected by the new municipality created by this Act.

(d)       All actions, suits, and proceedings pending against, or having been instituted by, the Town of Draper shall not be abated by this Act or by the consolidation herein provided for, but all such actions, suits, and proceedings shall be continued and completed in the same manner as if consolidation had not occurred, and the new municipality created by this Act shall be a party to all such actions, suits, and proceedings in the place and stead of the Town of Draper and shall pay or cause to be paid any judgments rendered against the Town of Draper in any such actions, suits, or proceedings. No new process need be served in any such action, suit, or proceeding.

(e)       All obligations of the Town of Draper, including outstanding indebtedness, shall be assumed by the new municipality, and all such obligations and outstanding indebtedness are hereby constituted obligations and indebtedness of the new municipality, and the full faith and credit of the new municipality shall be deemed to be pledged for the punctual payment of the principal of and interest on all general obligation bonds and bond anticipation notes of the Town of Draper, and all the taxable property within the new municipality, as well as that formerly located within the Town of Draper, shall be and remain subject to taxation for such payment.

(f)        All ordinances of the Town of Draper shall continue in full force and effect within the area to which they apply on September 12, 1967, as ordinances of the new municipality until repealed or amended by the governing body of the new municipality.

(g)       All franchises heretofore granted by the Town of Draper, which are still in force shall continue as valid franchises of the new municipality for the purposes granted within the area formerly comprising the Town of Draper, but shall not hereby be constituted valid franchises for any other portion of the corporate limits of the new municipality.

(h)       The Town of Draper is hereby abolished.

Sec. 4. (a) All property, real and personal and mixed, including all accounts receivable, belong to the City of Leaksville, the Town of Spray, or the Meadow Greens Sanitary District, shall vest in, belong to, and be the property of, the new municipality created by this Act. The governing bodies of the City of Leaksville, the Town of Spray and the Meadow Greens Sanitary District, are hereby authorized and directed to take such actions and to execute such documents as will carry into effect the provisions and the intent of this Section.

(b)       All judgments, liens, rights of liens, and causes of action of any nature in favor of the City of Leaksville, the Town of Spray, or the Meadow Greens Sanitary District shall vest in and remain and inure to the benefit of the new municipality created by this Act.

(c)       All taxes, assessments, water or sewer charges, and any other charges or fees, owing to the City of Leaksville, Town of Spray, or the Meadow Greens Sanitary District shall be owed to and collected by the new municipality created by this Act.

(d)       All actions, suits, and proceedings pending against, or having been instituted by the City of Leaksville, the Town of Spray, or the Meadow Greens Sanitary District, shall not be abated by this Act or by the consolidation herein provided for, but all such actions, suits and proceedings shall be continued and completed in the same manner as if consolidation had not occurred, and the new municipality created by this Act shall be a party to all such actions, suits and proceedings in the place and stead of the City of Leaksville, Town of Spray, or the Meadow Greens Sanitary District, as the case may be, in any such actions, suits, or proceedings. No new process need be served in any such action, suit, or proceeding.

(e)       All obligations of the City of Leaksville, the Town of Spray, and the Meadow Greens Sanitary District, including outstanding indebtedness, shall be assumed by the new municipality, and all such obligations and outstanding indebtedness are hereby constituted obligations and indebtedness of the new municipality, and the full faith and credit of the new municipality shall be deemed to be pledged for the punctual payment of the principal of and interest on all general obligation bonds and bond anticipation notes of the City of Leaksville, the Town of Spray, and the Meadow Greens Sanitary District, and all taxable property within the new municipality, including that formerly located within the City of Leaksville, the Town of Spray, and the Meadow Greens Sanitary District, respectively, shall be and remain subject to taxation for such payment.

(f)        All ordinances of the City of Leaksville, of the Town of Spray, and of the Meadow Greens Sanitary District shall continue in full force and effect within the areas to which they apply on September 12, 1967, as ordinances of the new municipality until repealed or amended by the governing body of the municipality. The Code of Ordinances of the City of Leaksville, as in effect on September 12, 1967, is hereby given force and effect within that portion of the corporate limits of the new municipality which was formerly unincorporated.

(g)       All franchises heretofore granted by the City of Leaksville or the Town of Spray, respectively, and which are still in force, shall continue as valid franchises of the new municipality for the purposes granted within the area formerly comprising the corporate limits of the City of Leaksville or the Town of Spray, as the case may be, but shall not hereby be constituted valid franchises for any other portion of the corporate limits of the new municipality.

(h)       The City of Leaksville, the Town of Spray, and the Meadow Greens Sanitary District, are each and all hereby abolished; provided, however, that if any provision of this subsection shall be declared by a court of competent jurisdiction to be invalid, such invalidity shall not be deemed to repeal or to render invalid any other provision hereof, and to that end the provisions of this subsection are hereby delared to be severable.

(i)        The new municipality shall reimburse Rockingham County for the actual costs incurred in conducting the special election in that area which lay outside the former corporate limits of the municipalities of Draper, Leaksville, and Spray and for the costs of printing all the ballots for the special election.

Sec. 5. The governing body of the new municipality, until the initial election hereinafter provided for, shall consist of the Mayors and members of the governing bodies of the municipalities formerly existing within the corporate limits, and the members of the governing body of the Meadow Greens Sanitary District, as they are constituted on September 12, 1967. Each such member shall have one vote as a member of the governing body, and the governing body shall elect a Chairman who shall also act as Mayor of the new municipality until the initial election hereinafter provided for.

Sec. 6. Subject to the foregoing provisions of this Act, a municipality encompassing the area described in subsection (a) of Section 2 or subsection (b) of Section 2, as the case may be, is hereby incorporated under the name and style of a City, named as provided in Subsection (e) of Section 1, and the Charter of said City shall be as follows:

"ARTICLE I. INCORPORATION AND CORPORATE POWERS.

"Section 1.1. Incorporation and General Powers. The inhabitants of the territory hereinabove described shall be a body politic and corporate under the name and style of a City named as hereinabove provided, and shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges and immunities of every name and nature.

"Sec. 1.2. Exercise of Powers. All powers, functions, rights, privileges and immunities of the City, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, if this Charter makes no provision, as provided by ordinance or resolution of the City Council, and as provided by the general laws of North Carolina pertaining to municipal corporations, their officers, agencies, or employees.

"ARTICLE II. CORPORATE BOUNDARIES

"Sec. 2.1. Description. The corporate limits of the City until changed in accordance with law shall be as hereinabove provided.

"Sec. 2.2. Extension of Boundaries. All extensions of the corporate boundaries of the City shall be governed by the General Statutes of North Carolina.

"ARTICLE III. MAYOR AND CITY COUNCIL

"Sec. 3.1. Composition of City Council; Method of Election of Mayor and Council. The City Council shall consist of seven members, one elected by and from the qualified voters of each of the wards, in the manner and according to the procedure provided by Article IV.

"Sec. 3.2. Terms; Qualifications; Vacancies. (a) The members of the City Council shall serve for terms of four years, beginning the day and hour of the organizational meeting of the Council, or until their successors are elected and qualify; provided, however, the initial terms shall be as provided in Article IV.

"(b)      Any qualified elector of any ward of the City shall be eligible to be a candidate for Councilman from such ward.

"(c)      If any elected Councilman shall refuse to qualify, or if there be any vacancy in the office of Mayor or Councilman after election and qualification, the remaining members of the Council shall by majority vote appoint some person qualified to hold such office under the requirements of the preceding subsection, to serve for the remainder of the unexpired term.

"Sec. 3.3. Mayor and Mayor Pro Tempore. The Mayor shall be elected by the Council from among its members for a term of two years. The Mayor shall be the official head of the City government and shall preside at all meetings of the Council. The Mayor shall have the right to vote on all questions coming before the Council, but he shall not have the power to vote again when there is an equal division upon any question. The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the City. The City Council shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties and exercise the powers of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Council.

"Sec. 3.4. Compensation of Mayor and City Council. The Mayor shall receive for his services such salary as the City Council shall determine, and no increase or reduction shall be made to take effect during the term in which it is voted. The City Council may establish a salary for its members and such salary may be increased or reduced but no increase shall be made to take effect during the term in which it is voted.

"Sec. 3.5. Organizational Meeting; Oaths of Office. The City Council shall meet and organize for the transaction of business at a time fixed by ordinance, but no later than the tenth day following their election. Before entering on their offices, each Councilman shall take, subscribe, and have entered upon the minutes of the Council the following oath: 'I, _________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of City Councilman, on which I am about to enter, according to the best of my ability; so help me God.'

"Sec. 3.6. Meetings of Council. (a) The City Council shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the Mayor or a majority of the Council, and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting.

"(b)      All meetings of the City Council shall be open to the public. The Council shall not by executive session or otherwise formally consider or vote upon any question in private session.

"Sec. 3.7. Quorum; Votes. (a) A majority of the members elected to the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.

"(b)      The affirmative vote of a majority of the Council members shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance, and to authorize the expenditure of money. All other matters voted upon shall be decided by majority vote of the Council members present and voting.

"Sec. 3.8. Ordinances and Resolutions. The adoption, amendment, repeal and pleading of ordinances of the City shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter. The yeas and nays shall be taken upon all ordinances and resolutions and shall be entered upon the minutes of the Council. The enacting clause of all ordinances shall be 'Be it ordained by the City Council of the City of ___________________________.' All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.

"ARTICLE IV. ELECTION PROCEDURE

"Sec. 4.1. Regular City Elections. Regular City elections shall be held on the Tuesday after the first Monday in May of each odd-numbered year, following the initial election herein provided for. An election shall be held on the Tuesday after the first Monday in May, 1968, for the purpose of electing seven City Councilmen. In such election, the four candidates elected who receive the largest numbers of votes shall serve for terms of three years, and the three candidates elected who receive the next largest numbers of votes shall serve for terms of one year. Following the terms of those Councilmen elected in 1968, all terms of Councilmen subsequently elected shall be four years.

"Sec. 4.2. Voting. Each qualified elector of the City shall be entitled to vote for one candidate for Councilman from the ward wherein he resides.

The candidate from each ward who receives the largest number of votes cast for candidates who reside in the ward wherein he resides shall be declared elected.

"Sec. 4.3. Filing of Candidates. Each qualified elector who would offer himself as a candidate for the office of Mayor or Councilman shall file with the city clerk a written statement giving notice of his candidacy. Such notice shall be filed not earlier than 60 days nor later than 5:00 p.m. on the third Friday preceding the election at which he offers his candidacy, shall be accompanied by a filing fee of ten dollars ($10.00), and shall be substantially in the following form: 'I, ___________________________, do hereby give notice that I am a candidate for election to the office of City Councilman, Ward _________________, to be voted upon at the election to be held on _______________________, and I hereby request that my name be placed on the official ballot for such office. I certify that I am a resident and qualified elector of the City and of Ward ________________, residing at ______________________________.

Witness: _________________________

_______________________________

Signature

_______________________________.'

Date

"Sec. 4.4. Ward Boundaries. There shall be seven wards in the City, the boundaries of which shall be fixed, and may from time to time be altered, by the City Council; provided, the ward boundaries shall be fixed prior to March 1, 1968.

"Sec. 4.5. Regulation of Elections. Except as otherwise provided in this Charter, all City elections shall be conducted in accordance with the general laws relating to municipal elections.

"ARTICLE V. CITY ATTORNEY

"Sec. 5.1. Appointment; Qualifications; Term; Compensation. The City Council shall appoint a City Attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the City during his tenure. The City Attorney shall serve at the pleasure of the Council and shall receive such compensation as the Council shall determine.

"Sec. 5.2. Duties of City Attorney. It shall be the duty of the City Attorney to prosecute and defend suits for and against the City; to advise the Mayor, the City Council, and other City officials with respect to the affairs of the City; to draw all legal documents relating to the affairs of the City; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the City may be concerned; to attend all meetings of the Council; and to perform such other duties as may be required of him by virtue of his position as City Attorney.

"ARTICLE VI. ADMINISTRATIVE SERVICE

"Sec. 6.1. General Authority. The City Council may appoint and fix the compensation of such administrative officers, department heads, and employees as it shall deem necessary to administer the affairs and government of the City. The Council may establish such departments of the City as it shall deem best.

"Sec. 6.2. City Clerk. The Council may appoint a City Clerk, to keep a journal of the proceedings of the Council, to maintain in a safe place all records and documents pertaining to the City, and to perform such other duties as may be required.

"Sec. 6.3. City Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees, and other moneys belonging to the City, subject to the provisions of this Charter and the ordinances of the City, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities.

"Sec. 6.4. City Accountant. The Council may appoint a City Accountant to perform the duties of Accountant as prescribed by the Municipal Fiscal Control Act.

"Sec. 6.5. Consolidation of Functions. The Council may, in its discretion, consolidate any two or more of the positions or offices described in the preceding three Sections, or may assign the functions of any one or more of such positions to the holder or holders of any other of such positions.

"Sec. 6.6. Delegation of Authority. The City Council may, in its discretion, by ordinance delegate to some administrative officer of the City its authority to appoint, remove and supervise other officers, department heads, and employees, including those officers named in this Article and those authorized or required by general law. Such officer may be given such title as the Council deems proper, and such other authority as may lawfully be delegated by it.

"ARTICLE VII. CLAIMS AGAINST THE CITY

"Sec. 7.1. Tort and Contract Claims. All claims or demands against the City arising either in tort or in contract, whether or not the damages are liquidated, shall be presented to the City Council in writing, signed by the claimant or his attorney or agent, within 90 days after the claim or demand is due or the cause of action accrues, and no suit or action shall be brought thereon within 30 days or after the expiration of 12 months from the time such claim or demand is so presented. Unless the claim or demand is so presented within 90 days after it is due or the cause of action upon which it is based accrues, and unless suit is brought within 12 months from the date of written demand, any action thereon shall be forever barred. Every action in tort or contract against the City shall be dismissed unless the complaint is verified and contains allegations that the requirements of this Section have been complied with.

"Sec. 7.2. Compensation; Title to Property. All claims or demands against the City for damages to or compensation for real property taken or used by the City, or for surrender of title thereto or possession thereof shall be presented to the City Council in writing signed by the claimant or his attorney or agent, within six months after the alleged taking or use shall have commenced, and no suit or action thereon shall be brought within 30 days or after the expiration of 12 months from the time such claim or demand is so presented. Unless the claim or demand is so presented within six months after the alleged taking or use shall have commenced, and unless suit is brought within 12 months from the date of written demand, any action thereon shall be forever barred. Every action against the City for damages to or compensation for real property taken or used or for surrender of title thereto or possession thereof, or to clear or remove a cloud upon title thereto, shall be dismissed unless the complaint is verified and contains allegations that the requirements of this Section have been complied with.

"Sec. 7.3. Exceptions; Incapacity; Minority. Notwithstanding the provisions of Section 7.1 and 7.2 of this Article, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim or demand is given by him or on his behalf within 6 months after the termination of the incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice is given on his behalf within 12 months after the claim or demand is due or the cause of action accrues or the alleged taking or use commences; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim or demand is given on his behalf within six months after the termination of the incapacity, or within 12 months after the claim or demand is due or the cause of action accrues or the alleged taking or use commenced, whichever is the longer period. The City may at any time request the appointment of a next friend to represent any person having a potential claim against the City and known to be suffering from physical or mental incapacity."

Sec. 7. This Act shall not be construed so as to repeal, modify, or in any manner affect (a) any Acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind of the Town of Draper, the City of Leaksville, the Town of Spray, or the Meadow Greens Sanitary District, or (b) any Acts authorizing conveyance or sale of particular property or interest therein by the Town of Draper, the City of Leaksville, the Town of Spray, or the Meadow Greens Sanitary District.

Sec. 8. Nothing in this Act shall be deemed or construed to affect in any manner the Eden Metropolitan Sewerage District of Rockingham County, North Carolina, or to affect in any manner any rights or obligations, including outstanding indebtedness, of the Eden Metropolitan Sewerage District of Rockingham County, North Carolina.

Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10. Subject to the provisions of Section 1 hereof, this Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 27th day of June, 1967.