GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 1323

Short Title:  Incorporate Lake Park.	(Local)
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Sponsors: Senators Plyler and Conder.
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Referred to:  Local Government and Regional Affairs.
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May 25, 1994

A BILL TO BE ENTITLED
AN ACT TO INCORPORATE THE VILLAGE OF LAKE PARK IN UNION COUNTY.
The General Assembly of North Carolina enacts:
Section 1.  A charter for the Village of Lake Park is enacted to read:
"CHARTER OF VILLAGE OF LAKE PARK.
"CHAPTER I.
"INCORPORATION AND CORPORATE POWERS.
"Section 1-1.  Incorporation and Corporate Powers.  The inhabitants of the Village of Lake Park are a body corporate and politic under the name 'Village of Lake Park'.  Under that name they have all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the general law of North Carolina.
"CHAPTER II.
"CORPORATE BOUNDARIES.
"Sec. 2-1.  Village Boundaries.  Until modified in accordance with the law, the boundaries of the Village of Lake Park are as follows:
BEGINNING at a point in the centerline of the intersection of Unionville - Indian Trail Road (S.R. 1367) and Faith Church Road (S.R. 1518); thence running with the centerline of Unionville - Indian Trail Road in a westerly direction the following five calls: 1) N 74-41-00 W 144.63 feet; 2) N 83-28-32 W 154.74 feet; 3) N 83-19-39 W 66.45 feet; 4) N 84-04-34 W 151.14 feet; 5) N 85-22-36 W 77.90 feet; thence leaving said road and running N 12-22-54 E 2038.88 feet; thence N 12-22-54 E 2038.88 feet; thence N 85-28-22 W 552.52 feet; thence N 18-40-47 E 523.40 feet; thence N 25-58-20 W 99.06 feet; thence N 33-35-11 W 263.90 feet; thence N 16-43-25 W 98.36 feet; S 59-24-09 W 1616.42 feet to an existing iron having North Carolina Grid Coordinates on the NAD 1927 of N 488,719.44 feet, E 1,508,175.69 feet; thence N 17-58-32 W 1006.45 feet; thence N 25-50-09 W 1149.77 feet to an existing iron at the end of Kennedy Drive in Rosemary Park as recorded in the Union County Public Registry in Map Book 4 at page 207; thence N 28-46-00 E 178.14 feet; thence N 28-47-29 E 205.54 feet to an iron in the rear of Lot 32 of Rosemary Park and Lot 24 of Green Meadows Subdivision as recorded in Map Book 4 at page 203; thence S 22-30-08 E 484.70 feet; thence N 67-20-51 E 864.91 feet; thence N 29-04-39 E (passing the end of Third Avenue) 210.03 feet to an iron on the easterly right of way line of Third Avenue; thence with the easterly right of way line of Third Avenue N 60-57-37 W 30.06 feet; thence continuing with Third Avenue and the arc of a circular curve to the right having a radius of 373.00 feet for an arc distance of 92.29 feet to the point of intersection of the southerly right of way line of West Street, said curve also having a chord bearing and distance of N 53-52-17 W 92.05 feet; thence with the southerly right of way line of West Street N 48-21-02 E 145.67 feet to an iron at the end of said street; thence N 41-40-04 W 60.10 feet to an iron on the westerly right of way line of West Street; thence N 22-44-52 W 163.30 feet; thence N 17-38-48 E 715.01 feet to an iron in the southerly right of way line of Carole Avenue (S.R. 1567); thence with the southerly right of way line of Carole Avenue S 74-36-39 E 169.84 feet; thence S 86-47-39 E 477.21 feet; thence N 84-25-04 E 396.22 feet to an iron at the end of Carole Avenue; thence N 01-49-59 W (passing the end of Carole Avenue) 462.35 feet to an iron marking the rear corners of Lots 19, 20, and 21 of Acorn Woods Subdivision as recorded in Map Book 5 at Pages 41 and 134; thence N 74-55-45 E 999.32 feet; thence N 76-36-31 E 255.31 feet; thence N 77-58-24 E 61.55 feet; thence S 14-19-25 W 895.83 feet; thence S 64-10-12 E 444.86 feet; thence S 40-32-01 E 165.24 feet; thence S 41-11-09 E 1009.77 feet; thence N 44-26-43 E 554.42 feet; thence N 81-39-22 E 180.06 feet; thence S 37-24-04 E 482.98 feet to an iron pipe in Faith Church Road right-of-way; thence S 39-23-28 E (passing an iron pin on the easterly right of way line of Faith Church Road at 21.29 feet) for a total distance of 850.37 feet to a stone; thence S 54-35-11 E 932.38 feet; thence S 59-23-32 E 102.32 feet; thence S 30-33-37 W 616.58 feet; thence S 51-50-23 E 148.51 feet; thence S 02-23-14 W 197.98 feet; thence S 40-14-50 W 489.56 feet; thence S 40-43-02 W 1,492.58 feet to a stone; thence N 74-28-34 W 659.78 feet; thence N 40-00-17 W 266.75 feet; thence N 40-01-08 W 926.90 feet to a point in the centerline of Faith Church Road; thence N 40-00-21 W 1,239.16 feet; thence S 72-59-52 W 346.85 feet; thence S 40-00-11 E 1,490.30 feet to a point in the centerline of Faith Church Road; thence with the centerline of Faith Church Road S 30-52-26 W 433.24 feet; thence S 26-49-38 W 207.25 feet; thence S 27-25-47 W 164.10 feet; thence leaving the centerline of Faith Church Road, S 57-10-20 E 822.61 feet; thence S 32-35-52 W 316.80 feet; thence N 57-12-10 W 399.95 feet; thence S 32-32-57 W 430.71 feet; thence S 61-35-32 E 351.08 feet; thence S 32-27-37 W 346.34 feet to a point in the centerline of Unionville Indian Trail Road; thence running with the centerline of said road in a westerly direction the following three calls:  1) N 58-08-30 W 374.62 feet; 2) N 59-47-59 W 123.84 feet; 3) N 65-38-02 W 123.34 feet to the point of BEGINNING and containing 481.07 acres, more or less, as compiled from various surveys by Edward L. Killough, N.C.R.L.S. L-1519.
"CHAPTER III
"GOVERNING BODY.
"Sec. 3-1.  Structure of Governing Body; Number of Members.  The governing body of Village of Lake Park is the Village Council, which has five members, and the Mayor.
"Sec. 3-2.  Manner of Electing Council.  The qualified voters of the entire Village elect the members of the Council.
"Sec. 3-3.  Initial Council. The initial Village Council consists of Dara Young, Robert Huff, Sanford Crane, David Ramsey, and Orville Link.  They shall serve from the effective date of this Charter until the organizational meeting of the Village Council held after the initial general election on November 8, 1994.  The initial general election shall be held under the same rules as municipal elections generally, except that it shall be held in an even-numbered year, and if absentee voting is allowed, the schedule shall be the same as for the statewide general election held on that date.  Except for the initial Village Council, the qualified voters of the entire Village elect the Council.
"Sec. 3-4.  Term of Office of Council Members.  Except as provided by this section, members of the Council are elected to four-year terms.  At the initial election in 1994, the two highest vote getters shall be elected to three-year terms and the next three highest vote getters shall be elected to one-year terms.  In 1995 and quadrennially thereafter, three members of the Council shall be elected for four-year terms.  In 1997 and quadrennially thereafter, two members of the Council shall be elected for four-year terms.
"Sec. 3-5.  Election of Mayor; Term of Office.  Except as provided by this section, the Mayor is elected for two-year terms by the qualified voters of the entire Village.  The initial Mayor is Scott Howard who shall serve from the effective date of this Charter until the organizational meeting of the Village Council held after the initial general election on November 8, 1994. He may call the initial meeting of the Village Council. At the initial election in 1994, a Mayor shall be elected for a one-year term.  The initial general election shall be held under the same rules as municipal elections generally, except that it shall be held in an even-numbered year, and if absentee voting is allowed, the schedule shall be the same as for the statewide general election held on that date. The Mayor may only vote to break a tie.
"CHAPTER IV.
"ELECTIONS.
"Sec. 4-1.  Conduct of Village Elections.  Village officers shall be elected on a nonpartisan basis and results determined by a plurality as provided in G.S. 163-292.
"CHAPTER V.
"ADMINISTRATION.
"Sec. 5-1.  Village to Operate Under Mayor-Council Plan.  The Village of Lake Park operates under the Mayor-Council plan as provided in Part 3 of Article 7 of Chapter 160A of the General Statutes."
Sec. 2.  From and after the effective date of this act, the citizens and property in Village of Lake Park shall be subject to municipal taxes levied for the year beginning July 1, 1994, and for that purpose the Village shall obtain from Union County a record of property in the area herein incorporated which was listed for taxes as of January 1, 1994.  The Village may adopt a budget ordinance for fiscal year 1994-95 without following the timetable in the Local Government Budget and Fiscal Control Act, but shall follow the sequence of actions in the spirit of the act insofar as is practical.  For fiscal year 1994-95, ad valorem taxes may be paid at par or face amount within 90 days of adoption of the budget ordinance, and thereafter in accordance with the schedule in G.S. 105-360 as if the taxes had been due and payable on September 1, 1994.  If this act is ratified before July 1, 1994, the Village may adopt a budget ordinance for fiscal year 1993-94 without following the timetable in the Local Government Budget and Fiscal Control Act, but shall follow the sequence of actions in the spirit of the act insofar as is practical, but no ad valorem taxes may be levied for the 1993-94 fiscal year.
Sec. 3.  This act is effective upon ratification.