GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 992

HOUSE BILL 1557

 

AN ACT TO INCORPORATE THE TOWN OF PLEASANT HILL.

 

The General Assembly of North Carolina enacts:

 

Section 1.  A Charter is enacted for the Town of Pleasant Hill to read:

"CHARTER OF THE TOWN OF PLEASANT HILL.

 "Chapter I.

 "Incorporation and Corporate Powers.

"Sec. 1.1.  Incorporation and Corporate Powers. The inhabitants of the Town of Pleasant Hill are a body corporate and politic under the name 'Town of Pleasant Hill'. Under that name they have all the powers, duties, rights, privileges, and immunities conferred and imposed upon cities by the general law of North Carolina.

 "Chapter II.

 "Corporate Boundaries.

"Sec. 2.1. Town Boundaries. Until modified in accordance with law, the boundaries of the Town of Pleasant Hill are as follows:

"BEGINNING in the center of the Yadkin River where the Surry County line and the Yadkin County line joins the Wilkes County line just South of the Southern Railroad; thence, running up the Yadkin River to the mouth of the Little Elkin Creek; thence, upward Little Elkin Creek crossing NC Highway 268 to a point in the Little Elkin Creek North of SR 2021 and South of SR 2024 to a point where a smaller branch flows into Little Elkin Creek on the East bank of the Little Elkin Creek; thence, up said branch crossing SR 2024 to where said branch crosses SR 2027 at a point in said road; thence, East with SR 2027 to SR 2026; thence, South with SR 2026 to SR 2046; thence, East with SR 2046 to SR 2044; thence East with SR 2044 to the Wilkes and Surry County line; thence, South with said Wilkes and Surry County line to the Elkin city limits; with the Elkin city limits to the Wilkes County and Surry County lines and with said county lines back to the beginning.

It is the intent of this description not to cover any portion of the Elkin city limits in Wilkes County. In the event any portion of the lines contained in the description appearing above incorporates any portion of the city limits of the Town of Elkin, then that line shall be interpreted and shall read to run with the city limits of the Town of Elkin.

 "Chapter III.

 "Governing Body.

"Sec. 3.1.  Structure of governing body; number of members.

The governing body of the Town of Pleasant Hill is the Board of Commissioners, which has five members, and the Mayor.

"Sec. 3.2.  Manner of electing board. The qualified voters of the entire Town elect the members of the Board of Commissioners.

"Sec. 3.3.  Term of office of Council members. Until members are elected in accordance with this section, the Board of Commissioners shall consist of Herbert Transou, Silas Luffman, Archie Moore, Phillip Money, and J. A. Russell. In the 1987 municipal election, the three persons receiving the highest numbers of votes shall be elected for four-year terms, and the two persons receiving the next highest numbers of votes shall be elected for two-year terms. In 1989 and quadrennially thereafter, two members shall be elected for four-year terms. In 1991 and quadrennially thereafter, three members shall be elected for four-year terms.

"Sec. 3.4.  Election of Mayor; term of office. Until a Mayor is elected in accordance with this section, Dan Johnson shall serve as Mayor. In 1987 and biennially thereafter, a Mayor shall be elected for a two-year term.

 "Chapter IV.

 "Elections.

"Sec. 4.1.  Conduct of Town elections. The Mayor and Board of Commissioners shall be elected on a nonpartisan basis and the results determined by the plurality method as provided by G.S. 163-292.

 "Chapter V.

 "Administration.

"Sec. 5.1.  Mayor Council plan. The Town of Pleasant Hill operates under the mayor-council plan as provided by Part 3 of Article 7 of Chapter 160A of the General Statutes."

Sec. 2.  The Board of Commissioners of the Town of Pleasant Hill may adopt a budget ordinance for fiscal year 1986- 87 without having to comply with the budget preparation and adoption timetable set out in the Local Government Budget and Fiscal Control Act.

Sec. 3.  (a) The Wilkes County Board of Elections shall conduct an election on the date of the general election in November 1986, for the purpose of submission to the qualified voters of the area described in Section 2.1 of the Charter of the Town of Pleasant Hill, the question of whether or not such area shall be incorporated as the Town of Pleasant Hill.  Registration for the election shall be conducted in accordance with the provisions of Chapter 163 of the General Statutes.

(b)       In the election, those voters who favor the incorporation of the Town of Pleasant Hill as provided in this act shall vote a ballot upon which shall be printed the words:

"FOR Incorporation of Pleasant Hill", and those voters who are opposed to the incorporation of the Town of Pleasant Hill as provided in this act shall vote a ballot upon which shall be printed the words: "AGAINST Incorporation of Pleasant Hill".

Sec. 4.  In such election, if a majority of the votes cast are not cast "FOR Incorporation of Pleasant Hill", then Sections 1 and 2 of this act shall have no force and effect.

Sec. 5.  In such election, if a majority of the votes cast shall be cast "FOR Incorporation of Pleasant Hill" then: Sections 1 and 2 of this act shall become effective on the date that the Wilkes County Board of Elections determines and certifies the result of the election.

Sec. 6.  The Wilkes County Board of Commissioners shall hold a public hearing on the question of incorporation of the Town of Pleasant Hill, not less than 7 days nor more than 45 days before the date of the special election provided for in Sec. 3. Notice of the public hearing shall be given as provided in G.S. 153A-323.  Proponents and opponents, including residents and officials of the Town of Elkin, whether or not they reside in Wilkes County, shall be given a reasonable and adequate opportunity to be heard.

Sec. 7.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 12th day of July, 1986.