GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 576
Committee Substitute Favorable 4/6/95

Short Title:  Summerfield Incorporated.	(Local)

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Sponsors:

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Referred to:  

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March 28, 1995

A BILL TO BE ENTITLED
AN ACT TO INCORPORATE THE TOWN OF SUMMERFIELD, SUBJECT TO A REFERENDUM.
The General Assembly of North Carolina enacts:
Section 1.  A Charter for the Town of Summerfield is enacted to read:
"CHARTER OF THE TOWN OF SUMMERFIELD.
"CHAPTER I.
"INCORPORATION AND CORPORATE POWERS.
"Section 1.1.  Incorporation and Corporate Powers.  The inhabitants of the Town of Summerfield are a body corporate and politic under the name 'Town of Summerfield'.  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.
"Sec. 1.2.  Map.  An official map of the Town, showing the current boundaries, is maintained permanently in the office of the Town Clerk and is available for public inspection.  A true copy of such shall be filed in the office of the Guilford County Register of Deeds.
"CHAPTER II.
"CORPORATE BOUNDARIES.
"Sec. 2.1.  Town Boundaries.  Until modified in accordance with law the boundaries of the Town of Summerfield are as follows:
BEGINNING at the intersection of the middle of United States Highway 220 and the southern bank of the Haw River:  Thence in a generally western direction following the middle of the Haw River To the Bruce Township Line.  Thence south along the Bruce Township Line to the intersection with the corner of Map 10-654, Block 1038, Lot 4.  Thence in a generally western direction along the northern boundary of Lot 4.  Thence in a generally southern direction along the eastern line of Lots 4, and 14, and Map 10-654, Block 1037, Lot 15; to the intersection of the northern boundary of Lot 2.  Thence in a generally eastern direction along the northern boundary of Lot 2, and map 10-654, Block 984, Lot 6 until reaching a point in the middle of Belford Road.  Thence in a generally northern direction along the center line of Belford Road to the intersection of the southern corner of Map 10-654, block 983, Lot 33.  Thence in generally northern direction following the southern and western boundaries of Lot 33 to the southern most line of Lot 18.  Thence in a generally eastern direction along the southern boundaries of Map 10-654, Block 983, Lots 18, 17, and 4.  Thence in a generally southern direction along the western boundary of map 10-654, Block 983, Lot 2.  Thence in a generally eastern direction along the southern boundaries of Map 10-654, Block 983, Lots 2, 3, 21, and 36.  Thence generally north along the eastern boundary of Lot 36 until reaching point on the southern edge of Highway 150.  Thence east following the southern edge of Highway 150 to the intersection of map 10-654 Block 972, Lot 1.  Thence generally south east and thence north following the boundaries of Lot 1.  The east following Highway 150 to the western boundary of Map 10-654, Block 972, Lot 15.  Thence south along the western boundaries of Lots 15 and 21.  Thence east along the southern boundary of Lot 21.  Thence south along the western boundary of Lot 18.  Thence generally east following the southern boundary of Lots 18, 17, and 20.  Thence generally north along the eastern boundary of Lots 20 and 11 until the intersection Lot 3.  Thence generally north east along the southern boundary of Lot 3 and generally east along the southern boundary of Lot 13 until reaching a point on the western edge of Brookbank Road.  Thence generally north following the western edge of Brookbank Road until a point on the southern edge of Highway 150, Thence generally east along the southern edge of Highway 150 to the intersection of the western corner of Map ACL-1-37, Block 917, Lot 66.  Thence generally southeast, north east and thence north west along the boundaries of Lot 66 to a point on the southern side of Highway 150.  Thence generally east along the southern edge of Highway 150 to the western corner of Map ACL-1-37, Block 917, Lot 35.  Thence generally south along the western boundary of Lot 35.  Thence generally east along the southern boundary of Lots 35, 16, and 14 to the western boundary of Lot 32.  Thence south along the western boundary of Lot 32.  Thence generally east along the southern boundaries of Lots 32, 33, 6, and 55.  Thence generally south along the western boundary of Lot 34 and 59.  Thence generally east along the southern boundary of Lot 59.  Thence generally south along the western boundary of Lot 13 until reaching the northern most edge of Centerfield Road.  Thence generally east until the intersection of State Road 2120.  Thence generally south west along State Road 2120 to the intersection of Greenlawn Drive.  Thence along Greenlawn Drive to the intersection of the G.S. Miles Subdivision line.  Thence following the western boundary of the G.S. miles Subdivisions until reaching the northern boundary of Map ACL-1-35, Block 905, Lot 10.  Thence west following the northern boundary of Lot 10 and the generally south following the boundaries of Lots 10, 9, 82, 41, 11, and 46.  Thence east along the southern boundary of Lot 46 to the western edge of Pleasant Ridge Road.  Thence south following the western edge of Pleasant Ridge Road until reaching the northern boundary of Lot 44.  Thence generally west along the northern boundary of Lot 44.  Thence south along the western boundaries of Lots 44 and 63.  Thence east along the southern boundary of Lot 63 until reaching the eastern edge of Pleasant Ridge Road.  Thence south along the eastern edge of Pleasant Ridge Road until reaching the southern boundary of the A. J. Norman Subdivision.  Thence east along the southern boundary of the A. J. Norman subdivision to the western boundary of map ACL-1-35, Block 905, Lot 21.  Thence south, east and north along the boundaries of Lot 21.  Thence east along the southern boundary of Lots 19, 51, 2, and 52 to the center Summerfield Road.  Thence south along the center line of Summerfield road to the intersection of United States Highway 220.  Thence generally north along the center line of Highway 220 to the intersection of North Carolina Highway 150.  Thence east along the center line of Highway 150 to the intersection of Stradder road.  Thence north along the center line of Stradder road to the intersection of Scalesville road.  Thence generally west to the intersection with Highway 200.  Thence generally north along Highway 220 to the intersection of the Haw River and the point of beginning.
"Sec. 2.2.  Annexation.  The Town may not annex under Part 2 of Article 4A of Chapter 160A of the General Statutes without a petition signed by the owners of a majority of the property being annexed.  This requirement is in addition to any other requirement of Part 2, and the form for the petition shall be the same as that in G.S. 160A-31 except for the modification to be by the owners of a majority of the property.  The Town may also submit any annexation under Part 2 to the qualified voters of the area proposed for annexation for approval.  The election shall be called and conducted in accordance with G.S. 163-287 and G.S. 163-288.2.
"CHAPTER III.
"GOVERNING BODY.
"Sec. 3.1.  Structure of Governing Body; Number of Members.  The governing body of the Town of Summerfield is the Town Council, which has six members.
"Sec. 3.2.  Manner of Electing Council.  The qualified voters of the entire Town elect the members of the Council.
"Sec. 3.3.  Term of Office of Council Members.  Members of the Council are elected to four-year terms except that of those elected at the initial election in 1996, the three highest vote getters who are elected shall serve until the organizational meeting after the 1999 Town election, and the next three highest vote getters shall serve until the organizational meeting after the 1997 Town election.  In 1997 and quadrennially thereafter, three members of the Council shall be elected for four-year terms.  In 1999 and quadrennially thereafter, three members of the Council shall be elected for four-year terms.
"Sec. 3.4.  Vacancies. Notwithstanding G.S. 160A-63, persons appointed by the Town Council to fill vacancies on the Council serve the remainder of the unexpired term.
	"Sec. 3.5.  Selection of Mayor; Term of Office.  The Mayor shall be elected by the Council at the organizational meeting after each Town election to serve at its pleasure.  The Mayor has the right to vote on all matters before the Council.
"CHAPTER IV.
"ELECTIONS.
"Sec. 4.1.  Conduct of Town Elections.  Town elections shall be conducted on a nonpartisan basis, and the results determined by plurality as provided in G.S. 163-292.  Elections shall be conducted by the Guilford County Board of Elections in accordance with general law except as modified by this Charter.
"CHAPTER V.
"ADMINISTRATION.
"Sec. 5.1.  The Town of Summerfield shall operate under the Mayor-Council plan as provided in Part 3 of Article 7 of Chapter 160A of the General Statutes."
Sec. 2. (a)	From and after the effective date of this act, the citizens and property in the Town of Summerfield shall be subject to municipal taxes levied for the year beginning July 1, 1996, and for that purpose the Town shall obtain from Guilford 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.
(b)	The Town may adopt a budget ordinance for fiscal year 1995-96 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.  No ad valorem taxes shall be levied for fiscal year 1995-96.
(c)	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.  At the date of the primary election for county officers in 1996 established under G.S. 163-1, the Guilford County Board of Elections shall conduct a special election for the purpose of submission to the qualified voters of the area described in Section 2.1 of the Charter of the Town of Summerfield the question of whether or not such area shall be incorporated as the Town of Summerfield.  Registration for the election shall be conducted in accordance with G.S. 163-288.2.
Sec. 4.  In the election, the question on the ballot shall be:
"[ ] FOR    [ ] AGAINST
Incorporation of the Town of Summerfield".
Sec. 5.  In the election, if a majority of the votes are cast "For incorporation of the Town of Summerfield", Sections 1 and 2 of this act shall become effective on the date that the Guilford County Board of Elections certifies the results of the election.  Otherwise, those sections shall have no force and effect, and the election under Section 6 is voided.
Sec. 6.  The initial election for the Summerfield Town Council shall take place on the date of the county primary election in 1996 as established by G.S. 163-1.  The election shall be conducted under the same provisions of general law for municipal elections, except the filing period shall be the same as for county officers, and except that the absentee voting period under G.S. 163-302 for the incorporation referendum shall be the same as for the county primary election.
Sec. 7.  This act is effective upon ratification.