GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	2 

SENATE BILL 1313*
Second Edition Engrossed 6/6/96

Short Title:  Castle Hayne Incorporation.	(Local)

─────────────────────────────────────── 
Sponsors: Senator Ballantine.

─────────────────────────────────────── 
Referred to:  Finance.

─────────────────────────────────────── 

May 27, 1996

A BILL TO BE ENTITLED
AN ACT TO INCORPORATE THE TOWN OF CASTLE HAYNE, SUBJECT TO A REFERENDUM.
The General Assembly of North Carolina enacts:
Section 1.  A Charter for the Town of Castle Hayne is enacted to read:
"CHARTER OF THE TOWN OF CASTLE HAYNE.
"CHAPTER I.
"INCORPORATION AND CORPORATE POWERS.
"Sec. 1.1.  Incorporation and Corporate Powers.  The inhabitants of the Town of Castle Hayne are a body corporate and politic under the name 'Town of Castle Hayne'.  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 Castle Hayne are as follows:
Lying and being in New Hanover County and beginning at the center of the Northeast Cape Fear River in the northeastern most point where Island Creek intersects the river and is the boundary of Pender County to the East, following said Island Creek southward under Holly Shelter Road, continuing South approximately 1 mile where Island Creek departs from the New Hanover/Pender line running West and South to where Island Creek meets Sidbury Road.  From the South right-of-way boundary of Sidbury Road and running at a West by West-South Westward direction along said Sidbury Road to where it intersects with Blue Clay Road, thence South by Southwest on Blue Clay Road South right-of-way to where Blue Clay Road intersects with Seaboard Railroad Track, from that point an abrupt change to a Northern direction along the East boundary of said Seaboard Coastline Railroad right-of-way to where it meets Hermitage Road, turning West along the South side of Hermitage Road to US 117 and State Road 133 turning South along Eastern side of said US 117 and State 133 to Centennial Drive at the General Electric Company South boundary, turning West and running along the South boundary of General Electric Company property to the N.E. Cape Fear River continuing North by Northwest to the Northwest point of New Hanover County and Brunswick County where they meet at center of N.E. Cape Fear Channel.  Except for the change of relocating line to South boundary of General Electric property all of said boundaries are those relating to the Cape Fear 2 voting district and stated as such on the maps of New Hanover County.
"CHAPTER III.
"GOVERNING BODY.
"Sec. 3.1.  Structure of Governing Body; Number of Members.  The governing body of the Town of Castle Hayne is the Town Council and the Mayor.  The Town Council has six members.
"Sec. 3.2.  Manner of Electing Board.  The qualified voters of the entire Town elect the members of the Council.
"Sec. 3.3.  Term of Office of Council Members.  In 1997, six members of the Council shall be elected.  The three persons receiving the highest numbers of votes are elected for four-year terms, and the three persons receiving the next highest numbers of votes shall be elected for two-year terms.  In 1999 and biennially thereafter, three members of the Council shall be elected for four-year terms.
"Sec. 3.4.  Selection of Mayor; Term of Office.  The qualified voters of the entire Town elect the Mayor.  A Mayor shall be elected in 1997 and quadrennially thereafter for a four-year term.  The Mayor has the same voting rights and privileges and is subject to the same voting limitations and requirements as are Council members under the general law.  In determining a quorum, a majority vote of the Council or in being excused from voting, the Mayor is treated as a member of the Council.
"CHAPTER IV.
"ELECTIONS.
"Sec. 4.1.  Conduct of Town Elections.  The Town Council shall be elected on a nonpartisan basis and the results determined by the plurality method as provided by G.S. 163-292.
"CHAPTER V.
"ADMINISTRATION.
"Sec. 5.1.  Mayor-Council Plan.  The Town of Castle Hayne operates under the Mayor-Council plan as provided by Part 3 of Article 7 of Chapter 160A of the General Statutes."
Sec. 2.  Until members of the Town Council are elected in 1997 in accordance with the Town Charter and the laws of North Carolina, Larry E. Lawrence, Jerry L. Kelly, Thomas A. Radewicz, Ernest J. Puskas, James Bordeaux, and Mary Charlene Pete shall serve as members of the Town Council and John E. Dyer shall serve as Mayor.  Vacancies in the interim Council shall be filled by appointment made by the remaining members.  A vacancy in the office of interim Mayor is filled by appointment made by the interim governing board.
Sec. 3.  From and after January 1, 1996, the citizens and property in the Town of Castle Hayne shall be subject to municipal taxes levied for the year beginning January 1, 1996, and for that purpose the Town shall obtain from New Hanover 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.  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.
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.
Sec. 4.  (a)	The New Hanover County Board of Elections shall conduct an election on a date set by it, to be not less than 60 nor more than 180 days after the date of ratification of this act, for the purpose of submission to the qualified voters of the area described in Section 2.1 of the Charter of Castle Hayne, the question of whether or not such area shall be incorporated as Castle Hayne.  Registration for the election shall be conducted in accordance with G.S. 163-288.
	(b)	In the election, the question on the ballot shall be:
"[ ] FOR   [ ] AGAINST
Incorporation of Castle Hayne".
Sec. 5.  In such election, if a majority of the votes cast are not cast "FOR Incorporation of Castle Hayne", then Sections 1 through 3 of this act shall have no force and effect.
Sec. 6.  In such election, if a majority of the votes cast shall be cast "FOR Incorporation of Castle Hayne", then Sections 1 through 3 of this act shall become effective on the date that the New Hanover County Board of Elections determines the result of the election.
Sec. 7.  This act is effective upon ratification.