GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 599

Short Title:  Welcome Incorporate.	(Local)
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Sponsors: Senators Smith; and Cochrane.
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Referred to:  Local Government and Regional Affairs.
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March 22, 1989

A BILL TO BE ENTITLED
AN ACT TO INCORPORATE THE TOWN OF WELCOME SUBJECT TO A REFERENDUM.
The General Assembly of North Carolina enacts:
Section 1.  A Charter for the Town of Welcome is enacted to read:
"CHARTER OF THE TOWN OF WELCOME.
"Chapter I.
"Incorporation and Corporation Powers.
"Section 1.1.  Incorporation and corporation powers.  The inhabitants of the Town of Welcome are a body corporate and politic under the name ‘Town of Welcome'.  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 Welcome are as follows:
All the area included within the boundaries of all that tract or parcel of land in Lexington Township, Davidson County, particularly described as follows:
Beginning at a point in the center of US 52, also NC 8, at the intersection of SR 1822 (Tall Pines Rd).
Thence running southwest the center of US 52 and NC 8 approximately 1450'.  Thence running west the southern property boundary of North Davidson Senior High School shown on Davidson County Tax Map, Lexington Township 302 approximately 1050'.  Thence south approx 200' to paved SR 1636.  Thence continuing south center of SR 1636 approximately 400' to intersection of SR 1502 (Craver Rd).
Thence running west center of SR 1502 approximately 2400' to intersection of SR 1473 (Pickett Rd).  Thence running center of SR 1473 (changing to SR 1479) approximately 6300' to intersection of SR 1472 (Welcome-Arcadia Rd) and Trans-Continental Pipe Line Corporation Right of Way identified on Davidson County Tax Map, Lexington Township 301.
Thence running southwest center of Trans-Continental Pipe Line Corporation R/W approximately 3200' to intersection Reedy Creek Township and Lexington Township boundaries identified on Davidson County Tax Map, Lexington Township 309.
Thence running south on western boundary of property identified by Davidson County Tax Map, Lexington Township 309, Parcels 2 and 2A; and eastern boundary of Parcel 4 on same map approximately 1700'.  Thence west running with creek identified on Davidson County Tax Map, Lexington Township, Parcel 5. approximately 300'.  Thence south running with creek identified on Davidson County Tax Map, Lexington Township 309 and 310 approximately 3800' to property corner of Parcels 2 and 3 Lexington Township 310, Davidson County Tax Map.  Thence south on property line of Parcels 2 and 3, Lexington Township 310 approximately 2100' to intersection of SR 1468 (Center Church Rd) and SR 1457 (Arnold Rd).
Thence running southeast the center of SR 1457 approximately 3000' to intersection of SR 1460 (Will Lanier Rd).  Thence running east the center of SR 1460 approximately 3050' to the intersection of SR 1458 (Black Rd).  Thence running south the center of SR 1458 approximately 800'.  Thence running east the center of SR 1458 approximately 550'.  Thence continuing east along southern property boundary identified as Parcel 17, Lexington Township 318, Davidson County Tax Map approximately 1600' to northeast property corner of Parcel 15, Lexington Township 318, Davidson County Tax Map.  Thence south along eastern boundary of Parcel 15, Lexington Township 318, approximately 500' to northwest property corner of Parcel 23, Lexington Township 318, Davidson County Tax Map.  Thence east along northern boundary of Parcel 23, Lexington Township 318 to the center of SR 1459 (Leonard Rd).
Thence running southeast the center of SR 1459 approximately 2000', thence east the center of SR 1459 approximately 1600'.  Thence running north approximately 30' to property line of Parcel 2, Lexington Township 317, Davidson County Tax Map.  Thence east along southern boundary of Parcel 2, Lexington Township 317 approximately 400' to center of Winston-Salem Southbound Railroad Right of Way.  Thence running north the center of Winston-Salem Southbound Railroad R/W approximately 700'.  Thence east approximately 450' to southwest corner of Davidson County Tax Map, Lexington Township 317B, commonly known as Holiday Acres.
Thence continuing east along southern boundary of Lexington Township 317B approximately 2300' to southwest corner of Davidson County Tax Map, Lexington Township 317C.  Thence running northeast the southern boundary of Lexington Township 317C approximately 1800' to center of New and under construction US 52 identified on Davidson County Tax Maps, Lexington Township 317, Lexington Township 317C, and Lexington Township 316.
Thence running north the center of New US 52 approximately 9200' to intersection of SR 1821 (Welcome-Bethesda Rd).  Thence west approximately 100' the center of SR 1821, thence continuing northwest the center of SR 1821 approximately 600' to the southeast corner of Davidson County Tax Map, Lexington Township 307B.  Thence running north along western boundary of Lexington Township 307B approximately 1200'.  Thence running east along southern boundary of Davidson County Tax Map, Lexington Township 307A approximately 600' to the center of New US 52.  Thence running north the center of New US 52 approximately 1600'.  Thence west approximately 200' to southeast corner of Parcel 66, Lexington Township 303, Davidson County Tax Map.  Thence continuing west along southern boundary of Parcel 66 Lexington Township 303 approximately 300', thence running north along western boundary of Parcel 66, Lexington Township 303 approximately 500' to southeast corner of Parcel 44, Lexington Township 302, Davidson County Tax Map.  Thence running northwest along southern boundary of Parcel 44, Lexington Township 302 approximately 550' to northwest corner of Parcel 5A, Lexington Township 307, Davidson County Tax Map.
Thence running north along boundary of Parcel 44, Lexington Township and Parcel 79, Lexington Township 307, Davidson County Tax Map approximately 800' to northeast corner of Parcel 79, Lexington Township 307.  Thence running west along northern boundary of Parcel 79, Lexington Township 307; and Parcel 80, Lexington Township 307, Davidson County Tax Map approximately 1150' to southwest corner of Parcel 44, Lexington Township 302. Thence running southwest along southern boundary of Parcel 41, Lexington Township 302, Davidson County Tax Map approximately 800' to the southwest corner of Parcel 41, Lexington Township 302.  Thence running North eastern boundaries of Parcels 24, 25, and 40; Lexington Township 302, Davidson County Tax Map approximately 2000' to the northeast corner of Parcel 40, Lexington Township 302.  Thence continuing north approximatley 500' to southeast corner of Parcel 39, Lexington Township 302.  Thence continuing north along eastern boundaries of Parcel 39, Lexington Township 302 and Parcel 36, Lexington Township 302 approximately 650'.  Thence running east along boundary of .68 acres identified on Parcel 36, Lexington Township 302 approximately 150'.  Thence running north along boundary of .68 acres identified on Parcel 36, Lexington Township 302 approximately 200' to the center of SR 1822.  Thence running west the center of SR 1822 approximately 400' to the point of beginning.
"Chapter III.
"Governing Body.
"Sec. 3.1.  Structuring of governing body: number of members.  The governing body of the Town of Welcome is the Town Council, which has a Mayor and five members. 
"Sec. 3.2.  Manner of electing board.  The qualified voters of the entire Town nominate and elect all the members of the Council.
"Sec. 3.3.  Term of office of council members.  In the 1991 municipal election five council members shall be elected.  The two persons receiving the highest numbers of votes shall be elected for four-year terms, and the three persons receiving the next highest numbers of votes shall be elected for two-year terms.  In 1993 and quadrennially thereafter, three council members shall be elected for four-year terms.  In 1995 and quadrennially thereafter two council members shall be elected for four-year terms.
"Sec. 3.4.  Selection of Mayor: term of office.  The qualified voters of the entire Town nominate and elect the Mayor in 1991 and quadrennially thereafter for a four-year term.
"Sec. 3.5.  Filling of vacancies.  Vacancies occurring for any reason in the Town Council shall be filled by the remaining members of the Council for the remainder of the unexpired term.
"Chapter IV.
"Elections.
"Sec. 4.1.  Conduct of Town elections.  The Mayor and Town Council shall be elected on a nonpartisan basis and the results determined by primary and election method as provided by G.S. 163-294.
"Chapter V.
"Administration.
"Sec. 5.1.  Mayor-Council plan.  The Town of Welcome operates under the Mayor-Council plan as provided by Part 3 of Article 7 of Chapter 160A of the General Statutes."
Sec. 2.  The initial members of the Town Council shall be:  Mayor:  Doug Craver; Council Members:  Ron Sink, Kent Weaver, Thelma Everhart, and H. L. (Doc) Hill.  One more council member shall be appointed by the Welcome Incorporation Study Committee no later than January 1, 1990.  They shall serve until their successors are elected and qualified pursuant to this act.
Sec. 3.  From and after July 1, 1990, the citizens and property in the Town of Welcome shall be subject to municipal taxes levied for the fiscal year beginning July 1, 1990, and the Town shall obtain from the County a record of property in the area herein incorporated which was listed for taxes as of January 1, 1990, and the businesses in the Town shall be liable for privilege license tax from the date of the privilege license tax ordinance.
Sec. 4.  Notwithstanding the provisions of the general laws of North Carolina and any provisions of this act to the contrary, the Town Council may adopt a budget ordinance for the 1990-91 fiscal year, following their qualification for office, without having to comply with budget preparation and adoption timetable set out in the local Government Budget and Fiscal Control Act.  The Town Council may, not later than September 15, 1990, adopt an ad valorem tax on real and personal property for the 1990-91 fiscal year, and such taxes may be paid at par or face amount within the period of time from September 15, 1990, through January 6, 1991, and thereafter in accordance with the schedule in G.S. 105-360 as if such taxes had been due on September 1, 1990.
Sec. 5.  The Town Council shall not levy an ad valorem tax greater than fifteen cents (15¢) per one hundred dollars ($100.00) valuation without a referendum by the qualified voters of the entire Town.
Sec. 6.  The organizational meeting of the Town Council of the Town of Welcome shall be held on July 3, 1990, at 7:00 P.M.
Sec. 7.  The Davidson County Board of Elections shall call and conduct a referendum on the Tuesday after the first Monday in May 1990, to submit to the qualified voters in the area described in Section 1 of this act the question whether such area shall be incorporated as a municipal corporation known as the Town of Welcome.
A registration of voters within the area shall be held in accordance with G.S. 163-288.2.  The registration records shall be open for the period set out in G.S. 163-288.2.  The referendum shall be conducted in accordance with G.S. 130A-81 and the provisions of this act.
The question on the ballot shall be as follows:
[]  FOR Incorporation of the Town of Welcome.
[]  AGAINST Incorporation of the Town of Welcome.
If a majority of those voting in the referendum vote in favor of incorporating the Town of Welcome, then the Town of Welcome shall be incorporated, and Sections 1 through 6 of this act shall be in full force and effect.  If a majority of those voting in the referendum do not vote for incorporating the Town of Welcome, then Sections 1 through 6 of this act shall have no force and effect.
Sec. 8.  This act is effective upon ratification.