GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 1252

Short Title:  Wentworth Incorporation.	(Local)

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Sponsors: Representative Sexton.

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Referred to:  Local and Regional Government II.

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May 20, 1996

A BILL TO BE ENTITLED
AN ACT TO REVIVE THE CHARTER OF THE TOWN OF WENTWORTH, SUBJECT TO A REFERENDUM.
The General Assembly of North Carolina enacts:
Section 1. Chapter 76 of the Private Laws of 1798 is amended by adding a new section to read:
"VII. The Charter of the Town of Wentworth is revived, revised, and consolidated to read:
"CHARTER OF THE TOWN OF WENTWORTH.
"CHAPTER I. INCORPORATION AND CORPORATE POWERS.
"Sec. 1.1.  The inhabitants of the Town of Wentworth are a body corporate and politic under the name 'Town of Wentworth'.  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.  Until changed in accordance with law, the boundaries of the Town of Wentworth are as follows:
Beginning at a (Point 1) on N.C. 87/65 at the Reidsville Western City limit line in a generally northerly and easterly direction following the city limit line to a (Point 2) as shown on T.M. 7995(00) where it intersects with the city limit line; thence continuing in a northerly direction following the city limit line, the eastern and northern property lines of Lot 0434, Blk.86 on T. M. 7995-02 and Lot 0498-Blk. 98 T. M. 7995(00) on the western and northern line of Lot 2111, Blk 09, and the eastern line of Lot 6403, Blk. 09 on T. M. 8905(00);  thence northerly following the Wolf Island Creek to its intersection with Lot #5476, Blk. 11, T. M. 8906(03);  thence northerly following the eastern line of said Lot 5476 to the northermost corner to a (Point 3), where it intersects with the eastern property line of 8906(00), Blk 02, Lot #8311; thence in a generally northwesterly direction following the eastern, southern, and western lines of said Lot 8311 to a (Point 4) on S. R. 1987 0.6 mile west of its intersection with N. C. 14 (being the northeast corner of Lot #8360, Blk. 92 on T.M. 7996(04); thence in a generally northwesterly direction following the Reidsville-Wentworth Township line to a (Point 5) on the southern property line of Lot 7056, Blk. 74, T.M. 7996(00) where it intersects with the Reidsville-Wentworth Township lines; thence in a westerly direction following the southern property lines of Lake La-Mar Subdivision and Lot # 1009, Blk. 54, on T. M. 7996(00) to a (Point 6) being the southwest corner of said Lot 1009 where it intersects the eastern property line of University Estates Subdivision on T. M. 7996(03) on the eastern line of Lot 5768; thence in a northerly direction to a (Point 7) being the northwest corner of Lot 2155, Blk. 64, on T.M. 7996(04) where it intersects the southern property line of Lot 9965, Blk. 47 on T.M. 7996(00); thence in a northwesterly direction following the southern and western property lines of said lot 9965 to a (Point 8) on S.R. 1991 approximately 0.5 mile southwest of its intersection with S.R. 1990 (Being the northwest corner of lot 0753, Blk. 48, T.M. 7996(00) where it intersects S.R. 1991 on T.M. 7996(00)(Point 72 Oregon Hill Fire District) including all of Lots 7927, Blk 29, T.M. 7996(01), 2458, Blk.30, T.M. 7997(03), 8812, Blk 20, 7997(03), 7604, Blk 21, T.M. 7997(03) and 0976, Blk. 11, T.M. 7997(00) to a (Point 9) on the southern property line of Lot 5441, Blk. 18, T.M. 7987 (00) where it intersects the northern line of Lot 5665, Blk. 06, T.M. 7997(00); thence in a southwesterly and northern direction following the southern property line of said 5441 to a (Point 10) being the southwest corner of Lot 8768, Blk. 87, T.M. 7987(00); thence in a northwesterly direction following the western property lines of Lots 6534 and 7628, Blk. 90, T.M. 7988(00) to a (Point 11) being the northwest corner of said Lot 7628 where it intersects the southern property line of Lot 9519, Blk. 82 7988(00); thence in a westerly direction following the southern property line of said Lot 9519 to a (Point 12) being the southwest corner of said Lot 9519 where it intersects the southeast corner of Lot 7934, Blk. 61, T.M. 7988(00); thence in a northerly direction following the eastern property line of said Lot 7934 to a (Point 13) being the northeast corner of said 7934 where it intersects the western property line of said 9519; thence in a westerly direction following the northern property line of said 7934, the eastern, northern and western lines of Lot 1382, Blk. 52, on T.M. 7988(00) and the eastern and southern property lines of Lot 2801, Blk. 32, t. M. 7988(00) to a (Point 14) on S.R. 2020 approximately 0.1 mile south of its intersection with S.R. 2021 being the northwest corner of Lot #7007, Blk. 22, t. M. 7988(00); thence in a westerly direction crossing S. R. 2020 and following the northern line of Lot 2155, Blk. 22, T. M. 7988(00) and the western lines of Lots, 2155, and 1058, Blk. 22, T. M. 7988(00) and Lot 3744-21 T. M. 7988(00) to a (Point 15) on SR 2203 approximately 1300 feet north of its intersection with SR 2020 and S. R. 2019 being the western line of Lot 3744 where it intersects with S. R. 2203; thence in a southerly direction following the western lines of Lots 1524-21, said 1375, 2252, 3141 and 3787-20 on T. M. 7988(00) and the northern and western lines of Lot 7244-10 on T. M. 7987(00) to a (Point 16) being the southeast corner of Lot 2765-09 on said map where it intersects with line of Lot 1314-28 T. M. 7987(00); thence in a westerly direction following the northern property lines of Lots 2113-03 T. M. 7087(00) and 8644-87 T. M. 7977(00) to a (Point 17) approximately 800 feet eat of S. R. 2115 (the furthermost northwest corner of Lot 8644 where it intersects the northeast corner of Lot 4578 and the eastern and southern property lines of Lot 6583-69 T. M. 7977(00) to a (Point 18) being the southwestern corner of said lot 6583 where it intersects with the eastern property line of Lot 9349-48; thence in a northern direction following the eastern property lines of said 9349 on t. M. 7977(00) and the eastern property line of Lot 7465-41 on T.M. 7978(00) to a (Point 19) on s. R. 2203 0.2 miles east of its intersection with N. C. 87 being the northeast corner of Lot 7465; thence in a westerly direction to a (Point 20) on N. C. 87 at its intersection with S. R. 2108; thence in a southwesterly direction to a (Point 21) on s. R. 2108 approximately 700 feet southwest of its intersection with N. C. 87 being the northeastern corner of Lot 4550-32 T. M. 7978(00), thence in a southerly direction following the western property lines of Lot 7465-41 on 7978(00), the eastern line of Lot 9630-21 t. M. 7978(00), the northern line of Lot 5156-39 and the western lines of Lot 4937-27 Lot 9581-16 on T. M. 7977(00) to a (Point 22) being the southwest corner of said Lot 9581 where it intersects the northern property line of Lot 0180-15 on T. M. 7977(00); thence in a generally westerly direction following the northern line of said Lot 0180 and Lot 7552-84 on t. M. 7967(00) to a (Point 23) on the Dan River where it intersects with the furthermost northwestern corner of said Lot 7552; thence in a southwesterly direction following the said river to a (Point 24) on Dan River where it intersects with the Rock House Creek; thence continuing in a southwesterly direction following the creek to a (Point 25) at the bridge on S. R. 2127 approximate 0.6 mile northeast of its intersection with S. R. 2260; thence in a southwesterly direction to a (Point 26) on S. R. 2127 at its intersection with S. R. 2260; thence in a northwesterly direction following the center of S. R. 2260 to a (Point 27) approximately 0.2 mile west of its intersection with S. R. 2131 on the western property line of Lot 1176-22 T. M. 7967(00) if projected, where it intersects S. R. 2260 on T. M. 7967(00), excluding any property on the northern side of S. R. 2260 between this and the preceding point; thence in a southwesterly direction following the western property lines of Lots 1176, 4805-31 on T. M. 7967(00) and Lot 5340-19 on 7966(00) to a (Point 28) being the southwestern corner of Lot 5340 where it intersects the northern corner of Lot 8459-08 T.M.7966(00); thence in a generally southeasterly direction following the souther lines of said 5340 and Lot 9002-19 T. M. 7966 and western line of Lot 6531-28 on said map to a (Point 29) on S. R. 2145 approximately 825 feet northwest of its intersection with S. R. 2130 being the southwestern corner of Lot 6531 where it intersects S. R. 2145; thence in a westerly direction following the northern property line of Lot 3884-16 T. M. 7966(00) to a (Point 30) being the northwestern corner of Lot 0581-17 T.M. 7966(00); thence in a southerly direction following the western and southern lines of said Lot 3884 to its intersection with s. R. 2145 and following the center of said road to where it intersects S. R. 2127 to (Point 31) on T.M. 7966(00); thence southerly following said S.R. 2127 to the intersection of the northwest corner of Lot 5621-23 T.M. 7966(00); thence in a souther direction following the north property line of said Lot 5621 to a (Point 32) on N. c. 65 400 feet northeast of its intersection with N. C. 704; thence in a generally southerly direction following the western property line of Lot 9666-22 T.M. 7966(00) if projected, and northern and eastern lines of Lot 1839-21 on said map, the western & northern lines of Lot 4610-21, Lot 9627-31 on T. M. 7966(00) and the northern and eastern lines of Lots 4837-40 T.M. 7966(00) and Lot 7694-38 T. M. 7965(00) to a (Point 33) at its intersection of the Rock House Creek as shown on T. M. 7966(00) where it intersects with the northwestern corner of Lot 5430-80 on T. M. 7966(00); thence in a souther direction following the Rock House Creek to a (Point 34) on the creek where it intersects the northeastern corner of Lot 9613 on said map and the western property line of Lot 6562-31 on 7965(00) to a (Point 35) on s. R. 2380 approximately 0.6 mile southeast of its intersection with N. C. 65; thence in an easterly direction approximately 450 feet to a (Point 36) where it intersects S. R. 2380 on T. M. 7965(00) excluding all property on the south side of S. R. 2380 between this and the preceding point; thence in a generally southeasterly direction following the western and southern lines of Lot 3571-40 on T. M. 7965(00) and the northern line of Lot 5905-57 T. M. 7964(00) and the northern property line of Lot 5905-57 on t. M. 7964(00) to a (Point 37) being approximately 350 feet south of S.R. 2380 being the northeast corner of said 5905; thence in a southerly direction following the western property line of Lot 6316-77 T. M. 7964(00) to a (Point 38) on S.R. 2381 approximately 150 feet west of its intersection with S.R. 2441 being the southwestern corner of Lot 6316 where it intersects S.R. 2381; thence in an easterly direction down the center of S.R. 2381 to a (Point 39) on S.R. 2381 approximately 225 feet east of its intersection with S.R. 2441 being the northeast corner of Lot 6529-64 T. M. 7964(00) where it intersect with S.R. 2381 if projected on T.M. 7964(00) excluding property on the south side of S.R. 2381 between this and the preceding point; thence in a southeasterly direction following the western and southern property lines of said 6316 the western property lines of Lot 0345-03 T. M. 7974(00) and the western line of Lot 5037-92 T.M. 7964(00) to a (Point 40) being the southeast corner of Lot 1164-13 7974(00); where it intersects with the northern line of Lot 2651-11 T.M. 7974(00); thence in a westerly direction to a (Point 41) being the northeast corner of Lot 2651 where it intersects the eastern property line of Lot 5037-92 T.M. 7964(00); thence in a southerly direction following the western property line of said Lot 2651 to a (Point 42) being the southwestern corner of said Lot 2651 where it intersects the eastern property line of Lot 3649-09 T.M. 7973(00); thence in an easterly direction following the southern lines of Lots 2651 and Lot 3201-21 T.M. 7974(00) to a (Point 43) on N. C. 1001 approximately 1250 feet southwest of its intersection with S.R. 2385 being the southeast corner of Lot 3201-21 T.M. 7974(00); thence in a northeasterly direction down the center of N.C. 1001 to a (Point 44) on S.R. 1001 at its intersection with S.R. 2407 being the southwest corner of Lot 8220-42 on T.M. 7974(00) excluding all property on the eastern side of N. C. 1001 between this and the preceding point; thence in a general easterly direction following the southern property line of Lot 8220, the western and northern property lines of Lot 1485-49 T.M. 7973(00) and the western and northern property line of Lot 1371-82 T.M. 7974(00); thence in a general southeasterly direction following the western and southern property lines of Lot 1371 to (Point 46) being the northeast corner of Lot 0169-70(00) where it intersects the western property line of Lot 0587-90 t. M. 7974(00); thence in a southerly direction to a (Point 47) on the western property line of Lot 7294-89 T.M. 7973(00) where it intersects with the northeast corner of Lot 2359-78 T.M. 7973(00); thence in a northeasterly direction to a (Point 48) on N. C. 2409 0,6 mile south of its intersection with N. C. 2408; thence in a northeasterly direction following the original Wentworth fire district line to a (Point 49) on the southern property line of Lot 8144-25 T.M. 7994(00) approximately 850 feet west of S.R. 2414; thence in an easterly direction following the southern property line of Lot 8144 to a (Point 50) at the Reidsville City Limits line; thence in a generally northerly direction following the said City Limit line as shown on T.M. 7994(00), 7995(00) and 7995(03) to POINT 1 THE BEGINNING.
Excluded from this description, however, is any territory which on May 13, 1996, was either in the corporate limits of the City of Reidsville or in the area where the City of Reidsville exercises extraterritorial jurisdiction under Article 19 of Chapter 160A of the General Statutes.
"CHAPTER III. GOVERNING BODY.
"Sec. 3.1.  The governing body of the Town of Wentworth is the Town Council, which has five members.
"Sec. 3.2.  The qualified voters of the entire Town elect the members of the Town Council.
"Sec. 3.3.  From the effective date of this Charter until the organizational meeting of the Town Council after the 1997 municipal election, the members of the Town Council shall be Cassandra Broadnax, Wayne Hall, George Murphy, Larry Terrell, and Dennis Paschal.
"Sec. 3.4.  At the regular town election in 1997, five Town Council members shall be elected.  The persons receiving the three highest numbers of votes shall be elected for four-year terms, and the two persons receiving the next highest numbers of votes shall be elected for two-year terms.  In 1999 and quadrennially thereafter, two Town Council members shall be elected for four-year terms.  In 2001 and quadrennially thereafter, three Town Council members shall be elected for four-year terms.
"Sec. 3.5.  At the organizational meeting of the initial Town Council and at the organizational meeting after each election, the council shall elect one of its members to serve at its pleasure as Mayor.
"CHAPTER IV. ELECTIONS.
"Sec. 4.1.  The Town Council shall be elected on the nonpartisan basis and the results determined by plurality in accordance with G.S. 163-292.
"Sec. 4.2.  Elections shall be conducted in accordance with Chapter 163 of the General Statutes.
"CHAPTER V. ADMINISTRATION.
"Sec. 5.1.  The Town of Wentworth shall operate 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 the revival of the Charter, the citizens and property in the Town of Wentworth shall be subject to municipal taxes levied for the year beginning July 1, 1996, and for that purpose the Town shall obtain from Rockingham County a record of property in the area herein incorporated which was listed for taxes as of January 1, 1996, and the businesses in the Town shall be liable for privilege license tax from the effective date of the privilege license tax ordinance.  The Town may adopt a budget ordinance for fiscal year 1996-97 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 1996-97, 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, 1996.
Sec. 3.  (a)	The Rockingham County Board of Elections shall conduct an election on November 5, 1996, for the purpose of submission to the qualified voters of the area described in Section 2.1 of the Charter of Wentworth, the question of whether or not the Charter of the Town of Wentworth should be revived and new boundaries established.  Registration for the election shall be conducted in accordance with G.S. 163-288.2.
(b)	In the election, the question on the ballot shall be:
"[ ] FOR  [ ] AGAINST

Revival of the Charter of the Town of Wentworth and establishment of new boundaries for the town."
Sec. 4.  In such election, if a majority of the votes cast shall be cast "FOR Revival of the Charter of the Town of Wentworth and establishment of new boundaries for the Town", then Sections 1 and 2 of this act become effective on the date that the Rockingham County Board of Elections determines the result of the election. Otherwise, those sections have no effect.
Sec. 5.  Between the date of ratification of this act and the date of certification of the election results of the election held under Section 2 of this act, none of the territory in Section 2.1 of the proposed Charter of the Town of Wentworth in Section 1 of this act may be included in any annexation ordinance under Article 4A of Chapter 160A of the General Statutes.
Sec. 6.  This act is effective upon ratification.