NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 519
HOUSE BILL 645

AN ACT TO AMEND THE CHARTER OF THE TOWN OF WRIGHTSVILLE BEACH.

The General Assembly of North Carolina do enact:

Section 1. Section 2 of Chapter 305 of the Private Laws of 1899 is hereby amended by rewriting the same to read as follows:
"Sec. 2. The corporate limits of the Town of Wrightsville Beach shall, until changed in accordance with law, be as follows:
"BEGINNING at a point in the Dune Line as established by the Wilmington District Office, Corps of Engineers, U. S. Army, on the shore of the Atlantic Ocean for the Town of Wrightsville Beach, said point being at Station 169 plus 99.10 and running thence South 62 degrees 40 minutes East 1583.0 feet to a point in the Atlantic Ocean; thence South 32 degrees 07 minutes West about 18,057.0 feet to a point in Masonboro Inlet, said point being on the center line of MacRae Street extended; thence North 58 degrees 26 minutes West and along the center line of MacRae Street 2450.0 feet to a point on the western side of Banks Channel, and in the mouth of Shinn Creek; thence North 31 degrees 34 minutes East 2100.0 feet to a point in the edge of the marsh on the western shore of Banks Channel; thence northeastwardly with the edge of the marsh and along the western shore of Banks Channel to Wrights Creek now known as Motts Channel; thence along the edge of marsh and the southern shore of Wrights Creek and with Motts Channel westwardly along its courses to the center line of the Atlantic Intra‑Coastal Waterway Canal; thence northeastwardly and along said center line of the Waterway Canal about 2900 feet to a point opposite the northern shore of Lee's Cut; thence southeastwardly and eastwardly and along the edge of marsh on the northern shore of Lee's Cut about 4650 feet to an old landmark ('Spring Line') located in the northern end of Banks Channel; thence South 22 degrees 00 minutes East 738.0 feet to a point in the existing city limit known as 'B‑4'; thence North 59 degrees 36 minutes East 1020 feet to a point; thence North 9 degrees 30 minutes West 1050 feet to the dividing line of the Parmele Isles Tract and the Wright‑Parmele Heirs; thence North 56 degrees 54 minutes East 590 feet to a point 200 feet West of the original western line of Charles B. Parmele Boulevard; thence North 9 degrees 30 minutes West and parallel with said Parmele Boulevard 742 feet to the boundary of the Municipal Treatment Plant Tract; thence North 83 degrees 00 minutes West 390 feet to a point the southwestern corner of the Municipal Tract; thence North 07 degrees 00 minutes East 780.17 feet to a point, the northwestern corner of the Municipal Tract; thence South 83 degrees 00 minutes East 830.0 feet to a point in Stokley's Channel, the northeastern corner of the Municipal Tract; thence South 07 degrees 00 minutes West 685 feet to a point 200 feet East of the eastern right of way of Charles B. Parmele Boulevard; thence South 9 degrees 30 minutes East and parallel with said Parmele Boulevard 500 feet to the old town limits line; thence North 27 degrees 00 minutes East 2471 feet to a point on Shell Island; thence South 62 degrees 40 minutes East 1072 feet to a point in the Federal Dune Line, the point of BEGINNING."
Sec. 2. Section 3 of Chapter 305 of the Private Laws of 1899 shall be further amended by rewriting the same to read as follows:
"Sec. 3. (a) The governing body of the Town of Wrightsville Beach shall consist of five aldermen who shall be elected as hereinafter provided in Section 6 and who shall, at their first regular meeting in July of each odd‑numbered year, elect from among their number a mayor and a mayor pro tem to serve for terms of two years or until their successors are elected and qualified.
"(b)	The mayor shall receive as compensation for the performance of his duties the sum of four hundred and eighty dollars ($480.00) per year, payable in equal monthly installments. Each alderman shall receive as compensation for the performance of his duties the sum of three hundred dollars ($300.00) per year, payable in equal monthly installments."
Sec. 3. Section 6 of Chapter 305 of the Private Laws of 1899, as amended by Chapters 88, 219, and 223 of the Private Laws of 1921, by Chapter 227 of the Private Laws of 1933, by Chapter 655 of the Session Laws of 1943, by Chapter 637 of the Session Laws of 1951, and by Chapter 772 of the Session Laws of 1955, is hereby further amended by rewriting the same to read as follows:
"Sec. 6. (a) There shall be elected by and from the resident qualified voters of the town on the fourth Tuesday in June, 1965 and quadrennially thereafter on the first Tuesday in June, three aldermen to serve for terms of four years or until their successors are elected and qualified.
"(b)	There shall be elected by and from the resident qualified voters of the town on the first Tuesday in June of 1967 and quadrennially thereafter two aldermen to serve for terms of four years or until their successors are elected and qualified.
"(c)	Robert M. Williams and Lawrence C. Rose are hereby appointed aldermen for terms extending until the first Tuesday in July, 1967, or until their successors are elected and qualified as provided in subsection (b) of this Section and Kenneth M. Sprunt, Robert N. Taylor and Richard F. Meier are hereby appointed to serve as aldermen until the first Tuesday in July, 1965, or until their successors are elected and qualified as provided in subsection (a) of this Section.
"(d)	At such elections hereinabove referred to, the persons receiving the highest number of votes are hereby declared elected to the Board of Aldermen.
"(e)	If any elected alderman shall refuse to be qualified or if there is any vacancy in the office of aldermen after the election and qualification or if any alderman be unable to discharge the duties of his office, the remaining members of the Board of Aldermen shall elect some person to serve the unexpired term or during his disability as the case may be. Aldermen so elected shall have all the authorities and powers granted by this charter to regularly elected aldermen.
"(f)	Any resident qualified voter of the town who would offer himself as a candidate for alderman in any election provided for in subsections (a) and (b) of this Section shall file with the town clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than April 1 and not later than 5:00 o'clock P.M. on the first Monday in May of the year in which he offers himself, and shall be substantially in the following form: 'I, ______________________________________, do hereby give notice that I am a candidate for election to the office of alderman to be voted on at the election to be held on ________________________, and I hereby request that my name be placed on the official ballot for such office. I also certify that I am a resident and qualified voter of the Town of Wrightsville Beach, residing at __________________________________.
		
	(Signature)
		
	(Date)
Witness: _____________________________________________________'; provided, however, that the latest time for filing such notice of candidacy for the election to be held in June, 1965, shall be 5:00 o'clock P.M. on the first Monday in June, 1965.
"(g)	No person who is not a resident qualified voter of the town shall be eligible to vote in any election, and no person who is not a resident qualified voter of the town shall be eligible for election to the office of alderman.
"(h)	The aldermen elected in each biennial election shall take office at the first regular meeting of the board in July following their election.
"(i)	Except as otherwise provided herein, all elections shall be conducted in accordance with Article 3 of Chapter 160 of the General Statutes of North Carolina relating to regular municipal elections."
Sec. 4. Section 7 of Chapter 305 of the Private Laws of 1899 is hereby rewritten to read as follows:
"Sec. 7. (a) Except as limited by subsection (b) of this Section, the Board of Aldermen shall have all powers and authority granted by general law to municipal governing boards.
"(b)	The following limitations and restrictions of general law powers and authority shall apply to the town and Board of Aldermen of Wrightsville Beach:
"(1)	The zoning ordinance and map of the town in effect on the effective date of this Act shall continue in effect until changed in accordance with this subsection. Notwithstanding the provisions of G. S. 160‑176 and 160‑176.1, from and after July 1, 1965 the zoning ordinance and map of the Town of Wrightsville Beach, including areas zoned after the effective date of this Act, may be amended or modified only by the unanimous vote of all members of the Board of Aldermen after a duly advertised public hearing as provided by G. S. 160‑175; provided, however, that any area or areas which become a part of the town initially by enactment of this Act may be zoned by majority vote of the board between the effective date of this Act and July 1, 1965.
"(2)	Notwithstanding any provision of the Municipal Finance Act (Subchapter III, Chapter 160, General Statutes), the Board of Aldermen shall not cause to be issued any bonds of the town unless the same shall first have been approved by a majority of the qualified voters voting thereon in an election held for such purpose in accordance with the procedures for municipal bond elections as prescribed in the Municipal Finance Act.
"(3)	Any ordinances of the town in effect on the effective date of this Act which regulate, restrict, or prohibit any type of commercial or entertainment businesses or activities shall continue in effect until changed in accordance with this subsection. No present ordinance of the town regulating, restricting, or prohibiting any type of commercial or entertainment businesses or activities shall be amended or repealed except by unanimous vote of all the members of the Board of Aldermen taken at a public meeting after a public hearing, notice of which shall have been published at least once a week for two successive calendar weeks in a newspaper having general circulation in the town, said notice to be published the first time at least fifteen days prior to such public hearing."
Sec. 5. A new registration of all resident qualified voters shall be conducted for the election to be held in June, 1965. Such new registration shall be conducted from Monday, May 31, 1965, through Saturday, June 12, 1965. On such days, the registration books shall be kept open from 9:00 o'clock A.M. until 5:00 o'clock P.M. at such place as the Board of Aldermen shall designate. Challenge Day shall be Saturday, June 19, 1965, from 9:00 o'clock A.M. until 3:00 o'clock P.M. No later than Saturday, May 15, 1965, the Board of Aldermen shall cause to be posted at the Town Hall and to be published in a newspaper having general circulation in the town a notice containing the date of the election, the location of the polling place, the time, and place of registration, a statement that such registration is a new registration of all qualified voters, and the name of the registrar.
Sec. 6. The following Acts are hereby repealed:
(1)	Chapter 88, Private Laws of 1921;
(2)	Chapter 219, Private Laws of 1921;
(3)	Chapter 223, Private Laws of 1921;
(4)	Chapter 227, Private Laws of 1933;
(5)	Chapter 655, Private Laws of 1943;
(6)	Chapter 637, Private Laws of 1951;
(7)	Chapter 772, Private Laws of 1955.
Sec. 7. That from and after the effective date of this Act, the territory annexed and heretofore described and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Wrightsville Beach and shall be entitled to the same privileges and benefits as other parts of the town.
Sec. 8. Taxes within the newly annexed territory shall become due and payable as provided by General Statutes 160‑453.17(f) except that privilege license tax other than automobile licenses shall become due and payable on the effective date of this Act.
Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 10. This Act shall be effective upon its ratification.
In the General Assembly read three times and ratified, this the 12th day of May, 1965.