GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 887

HOUSE BILL 2222

 

AN ACT TO REVISE THE ELECTORAL SYSTEM FOR THE CITY OF CLINTON TO REFLECT A CONSENT JUDGEMENT IN THE FEDERAL CASE OF HALL V. KENNEDY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter III of the Charter of the City of Clinton, being Chapter 943, Session Laws of 1985, reads as rewritten:

"CHAPTER III. GOVERNING BODY.

"Sec. 3-1.  Structure of Governing Body; Number of Members.  The governing body of the City of Clinton is the City Council, which has four five members, and the Mayor.

"Sec. 3-2.  Manner of Election of Council.  The qualified voters of the entire City elect the members of the City Council. The City shall be divided into five electoral districts from each of which one member of the City Council shall be elected by the qualified voters of said electoral district.  The boundaries of each of said electoral districts are as established by Section 3-2.1 of this Charter, but the City Council from time to time may change those districts in a constitutionally acceptable manner.

"Sec. 3-2.1.  Electoral Districts.  Until changed in accordance with law, the five electoral districts are as follows:

(1)       District 1 - The portion of the city within the following line running clockwise from the intersection of Beaman Street and Eastover Avenue with College Street: Northwest on Beaman to Johnson Street, southwest on Johnson to Sampson Street, northwest on Sampson until it merges with McKoy Street, northwest on McKoy to Williams Mill Branch, southwest along the branch to the point where it intersects with the city limits, along the city limits to the point where the city limits intersect with Dixon Street (State Road 1749) on the northern side of the city, south on Dixon to North East Boulevard (U.S. Highway 701 Business), southeast along the boulevard to a point where Park Avenue would intersect with the boulevard if extended northerly in a straight line, from that point across to and along Park Avenue southeast to College Street, southwest on College to the beginning point.

(2)       District 2 - The portion of the city within the following line running clockwise from the intersection of Beaman Street and Eastover Avenue with College Street: Northeast on College to Park Avenue, northwest on Park to its end, then directly across to the point where Park would intersect with North East Boulevard if extended in a straight line, northwest on the boulevard to Dixon Street (State Road 1749), north on Dixon to the point where the city limits intersect with that street, along the city limits to the point where the city limits intersect with Pugh Road (State Road 1751) on the eastern side of the city, south on Pugh to South East Boulevard (U.S. Highway 701 Business), south on the boulevard to Warsaw Road (N.C. Highway 24), west on Warsaw to Morisey Boulevard, southwest on Morisey to Eastover Avenue, northwest on Eastover to the beginning point.

(3)       District 3 - The portion of the city within the following line running clockwise from the intersection of Beaman Street and Eastover Avenue with College Street: Southeast on Eastover to Morisey Boulevard, northeast on Morisey to Warsaw Road (N.C. Highway 24), east on Warsaw to South East Boulevard (U.S. Highway 701 Business), north on the boulevard to Pugh Road (State Road 1751), northeast on Pugh to the point where the city limits intersects with that street, along the city limits to the intersection with the Faircloth Freeway (U.S. Highways 421-701) on the southern side of town, west on Faircloth to Elizabeth Street, north on Elizabeth to Lisbon Street, northwest on Lisbon to Main Street, northeast on Main to College Street, northeast on College to the beginning point.  This district also includes the area of satellite annexation on Southwood Drive southeast of the city.

(4)       District 4 - The portion of the city within the following line running clockwise from the intersection of Elizabeth Street and Chestnut and Ferrell streets:  South on Elizabeth to the Faircloth Freeway (U.S. Highways 421-701), southeast on Faircloth to the point where the city limits intersects with the highway, along the city limits to the point where the city limits intersects with Williams Mill Branch on the western side of the city, northeast on the branch to Faircloth Freeway, southeast on Faircloth to Sunset Avenue, northeast on Sunset to Fayetteville Street, east on Fayetteville to Chestnut Street, southeast on Chestnut to the beginning point.

(5)       District 5 - The portion of the city within the following line running clockwise from the intersection of Beaman Street and Eastover Avenue with College Street:  Southwest on College to Main Street, southwest on Main to Lisbon Street, southeast on Lisbon to Elizabeth Street, southwest on Elizabeth to Chestnut Street, northwest on Chestnut to Fayetteville Street, west on Fayetteville to Sunset Avenue, southwest on Sunset to the Faircloth Freeway (U.S. Highways 421-701), north on Faircloth to Williams Mill Branch, northeast along the branch to McKoy Street, southeast on McKoy to the fork where Sampson Street begins, southeast on Sampson to Johnson Street, northeast on Johnson to Beaman Street, southeast on Beaman to the beginning point.

"Sec. 3-3.  Term of Office of Members of the City Council.  Members of the City Council are elected to four year terms.  Any present members of the City Council serving under the Charter of the City of Clinton which has been superceded by this Charter prior to the consent decree in the case of Hall v. Kennedy, 88-117-CIV-3, United States District Court for the Eastern District of North Carolina, Fayetteville Division, shall continue to serve until the expiration of their present terms.  Two members of the City Council shall be elected in 1987 for the two seats on the City Council the terms of which expire in 1987, and two members of the City Council shall be elected in 1989 for the two seats on the City Council the terms of which expire in 1989. The three members of the City Council elected in 1989 from Districts 1, 3, and 5 shall serve four-year terms, and their successors shall be elected in 1993 and quadrennially thereafter.  Members of the City Council from Districts 2 and 4 shall be elected in 1991 and quadrennially thereafter for four-year terms.

"Sec. 3-4.  Election of Mayor; Term of Office.  The qualified voters of the entire city shall elect the Mayor.  He is elected to a two-year term of office."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 10th day of July, 1990.