GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 807

Short Title:  Seven Oaks Incorporated.	(Local)
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Sponsors: Representatives Dickson; C. Preston, Weatherly, Berry, and Gamble.
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Referred to:  Local and Regional Government I.
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April 8, 1993

A BILL TO BE ENTITLED
AN ACT TO INCORPORATE THE TOWN OF SEVEN OAKS IN GASTON COUNTY.
The General Assembly of North Carolina enacts:
Section 1.  A Charter for the Town of Seven Oaks is enacted to read:
"CHARTER OF THE TOWN OF SEVEN OAKS.
"CHAPTER I.
"INCORPORATION AND CORPORATE POWERS.
"Section 1-1.  Incorporation and Corporate Powers.  The inhabitants of the Town of Seven Oaks are a body corporate and politic under the name 'Town of Seven Oaks.'  Under that name, they have all the powers, duties, rights, privileges, and immunities conferred and imposed on municipal corporations, currently or hereinafter enacted, by the North Carolina Constitution, the general law of North Carolina and this Charter.
"CHAPTER II.
"CORPORATE BOUNDARIES.
"Sec. 2-1.  Town Boundaries.  Until modified in accordance with the law or in accordance herewith, the boundaries of the Town of Seven Oaks are as follows:
Lying and being in Southpoint Township of Gaston County and beginning at the point where the northern line of Tax Map 15-110, Parcel 1 intersects with the eastern margin of State Road 2302 (New Hope Road), and thence proceeding with the northern line of said tax parcel, generally northeast to the northeast corner of said parcel, thence proceeding generally southeast along the eastern line of said tax parcel to a point on the western shoreline of the South Fork branch of the Catawba River at full pond level, being a common corner with Tax Map 15-110, parcel 2; thence proceeding generally south with the western shoreline of the South Fork branch to a point in the northernmost corner of Tax Map 15-119, Parcel 26; thence proceeding generally south and then southeast along the line of Maps 15-110, Parcels 26, 3.16, 3.17, 3.43, 3.44, 3.45, 3.46, 3.47 and 3.48 to a point in the northern line of Tax Map 15-125, Parcel 2.02; thence proceeding east along the northern line of Tax Map 15-125, Parcels 2.02, 2, and 1, crossing State Road 2524 (Lower Armstrong Ford Road), to a point on the western shoreline of the South Fork branch of Catawba Creek at full pond level; thence proceeding generally south along the shoreline of the South Fork branch to that general point where the South Fork branch of the Catawba River and the Catawba River merge; thence proceeding generally west and then south with the shoreline of the Catawba River at full pond level, said line being also the boundary of Tax Map 15-125 Parcel 1, to the North Carolina State boundary line; thence proceeding west with the State boundary line to the point where the State line intersects with the eastern shoreline of Catawba Creek at full pond level, thence proceeding generally north along the eastern shoreline of Catawba Creek, crossing State Road 2302, to a point on the eastern shoreline at a common corner of Tax Map 15-125, Parcel 1 with Tax Map 15-111, Parcel 1; thence proceeding generally west and then north with the shoreline of Catawba Creek to a point on the eastern shoreline, being a common corner of Tax Map 15-111, Parcel 1 and Tax Map 15-104, Parcel 6; thence proceeding with the common boundary line of Tax Map 15-111, Parcel 1 and Tax Map 15-104, Parcel 6 generally northeast to the northernmost point of Tax Map 15-111, Parcel 1, being a common corner with Tax Map 15-104, Parcel 5; thence with the western boundary of Tax Map 15-104, Parcel 5, south to the southernmost corner of Tax Map 15-104, Parcel 5, and thence proceeding northeast with the southeastern line of Tax Map 15-104, Parcel 5 and Tax Map 15-104, Parcel 5.02, crossing State Road 2302, to the point of Beginning.
All references in the above description are made to Gaston County Tax Maps 15-104, 15-110, 15-111 and 15-125 in effect as of May 12, 1992.  A copy of these Tax Maps are filed with the Gaston County Tax Supervisor.
To the extent the above description of the boundaries of the Town of Seven Oaks references tax lots and blocks, the references refer to corners and boundaries of the properties as more particularly described on the recorded instruments from which the tax lots or blocks were created, and these recorded instruments are incorporated herein by reference for purposes of this boundary description.
The Town of Seven Oaks hereafter may have an accurate survey of the boundaries of the Town of Seven Oaks prepared and may record an ordinance and such survey in the Gaston County Register of Deeds.  In such event, the actual boundaries of the Town of Seven Oaks shall be the boundaries as set forth in such survey, and such survey shall supersede for all purposes the description of the boundaries of the Town of Seven Oaks contained hereinabove.
An accurate description or map of the boundaries of the Town of Seven Oaks shall be maintained as provided in G.S. 160A-22.
"CHAPTER III.
"GOVERNING BODY.
"Sec. 3-1.  Structure of Governing Body; Number of Members.  The governing body of the Town of Seven Oaks is the Mayor and Town Council, which has four members.  The presence of a quorum is determined in accordance with G.S. 160A-74.
"Sec. 3-2.  Manner of Electing Town Council.  The qualified voters of the entire Town of Seven Oaks elect the members of the Town Council.
"Sec. 3-3.  Term of Office of Town Council Members.  Members of the Town Council are elected to two-year terms of office.
"Sec. 3-4.  Election of Mayor; Term of Office.  The qualified voters of the entire Town of Seven Oaks elect the Mayor.  The Mayor is elected to a four-year term of office.
"Sec. 3-5.  Governing Body; Limitation on Terms of Office.  There shall be no limitation on the number of terms of office that may be served by members of the Town Council and the Mayor.
"Sec. 3-6.  Residence of Governing Body Members.  All elected members of the governing body of the Town of Seven Oaks must be registered voters who reside within the corporate limits of the Town of Seven Oaks in order to qualify to take, hold, and continue in any such office.
"CHAPTER IV.
"ELECTIONS.
"Sec. 4-1.  Conduct of Town Elections.  The governing body is elected at large on a nonpartisan basis and the results are determined by a plurality of votes cast, as provided in G.S. 163-292.  The initial officers of the Town of Seven Oaks are those individuals named and appointed in this Charter.  All initial officers of the Town of Seven Oaks so appointed must meet the qualification requirements set forth in Section 3-6 of this Charter; however, after this initial appointment, residence within the limits of the Town of Seven Oaks shall not be a qualification for or prerequisite to appointment to any city office not filled by the election of the people.  All initial officers of the Town of Seven Oaks shall serve until their successors are elected and qualify.  The first municipal election shall be on the date of the regular municipal election in 1993.  Elections shall be conducted by the Gaston County Board of Elections, unless otherwise provided in accordance with G.S. 163-285.
"CHAPTER V.
"ADMINISTRATION.
"Sec. 5-1.  Town to Operate Under Mayor-Council Plan.  The Town of Seven Oaks operates under the mayor-council plan as provided in Part 3, Article 7 of Chapter 160A of the North Carolina General Statutes.
"Sec. 5-2.  Appointment of Officers.  Until members of the Town Council and the Mayor are elected in 1993 in accordance with this Charter and the law of North Carolina, Daniel J. Stowe shall serve as Mayor and Alene N. Stowe, Charles I. McCorkle, Virgil B. Woods, and Pamela K. McDowell shall serve as members of the Town Council.
"Sec. 5-3.  Interim Budget.  The Town of Seven Oaks may adopt a budget ordinance for fiscal years 1992-1993 and 1993-94 without having to comply with the budget preparation and adoption timetable set out in the Local Government Budget and Fiscal Control Act.
"CHAPTER VI.
"REMOVAL.
*"Sec. 6-1.  Removal by the Governing Body.  The governing body, after a removal hearing and an affirmative vote of three of its members, may remove from office a member of the Town Council or the Mayor for any of the reasons set forth in Article VI, Section 8 of the North Carolina Constitution.  A member of the Town Council or the Mayor may initiate removal by making, at a meeting of the governing body, a motion calling for the removal of an officer.  This motion shall specify the grounds on which removal is sought.  The Town Clerk shall cause written notice of the motion and a copy of the charges to be given to the officer against whom removal is sought at least 10 days before the removal hearing.  At the removal hearing, the officer shall have the right to be heard in person and through counsel in the officer's defense.  If a member of the Town Council or the Mayor is removed, the vacancy shall be filled in accordance with the provisions of G.S. 160A-63.
"CHAPTER VII. 
"MISCELLANEOUS.
"Sec. 7-1.  State Distributions.  If the Town of Seven Oaks is incorporated after June 30, 1993, the Town of Seven Oaks is nevertheless eligible to receive distributions of funds payable by the State of North Carolina for the fiscal year 1993-94, as if the Town of Seven Oaks had been incorporated with an effective date of June 30, 1993.
"Sec. 7-2.  Savings Clause.  If any part of this Charter is declared invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of this Charter.  All laws and ordinances not consistent with this Charter, insofar as they affect the Town of Seven Oaks, are superseded by this Charter."
Sec. 2.  This act is effective upon ratification.