GENERAL ASSEMBLY OF NORTH CAROLINA

SECOND EXTRA SESSION 1996

H	1 

HOUSE BILL 63

Short Title:  Wentworth Incorporation.	(Local)

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Sponsors: Representative Sexton.

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Referred to:  Rules.

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July 10, 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 400 feet N. of the intersection of Sandy Cross Road, Boyd Road and Irvin Farm Road; thence a line 400 feet W. of and parallel to the centerline of Sandy Cross Road in a northerly direction to its intersection with Dairy Road; thence with Dairy Road and with Dairy Road if projected in an Easterly direction to a point 400 feet E. of the centerline of Sandy Cross Road; thence a line 400 feet S. of and parallel to the centerline of Sandy Cross Road and Wentworth Street in a northeasterly direction to its intersection with Parkland Road; thence a straight line in a northwesterly direction to the intersection of Rock Road and Ashley Loop Road; thence a line parallel to and West of the centerline of Rock Road to a point 400 feet from the centerline of Berrymore Road; thence a line 400 feet from and parallel to the centerline Berrymore Road in an easterly direction to the centerline of Hudspeth Park Road; thence N. with the centerline of Hudspeth Park Road to a point 400 feet N. of the centerline of Berrymore Road; thence a line 400 feet N. of and parallel to the centerline of Berrymore Road in a westerly direction to a point 400 feet E. of the centerline of Ashley Loop Road; thence a line 400 feet E. of and parallel to the centerline of Ashley Loop Road to a point 400 E. of the intersection of Ashley Loop Road and Richardson Road; thence a straight line in a westerly direction to the intersection of Roach Creek and The Gas Transmission Pipeline; thence with Roach Creek to Dan River; thence with Dan River in a southwesterly direction to Rockhouse Creek; thence with Rockhouse Creek in a southerly direction to Bakers Crossroad Road at a point 400 feet southeast of its intersection with the centerline of Vernon Road; thence a line 400 feet E. of and parallel to the centerline of Vernon Road to Sandy Cross Road, the POINT OF 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.
"Sec. 2.2.  From the date of ratification of this Charter until July 1, 2006, none of the area described below may be subject to any annexation ordinance adopted after the date of ratification of this act under Article 4A of Chapter 160A of the General Statutes.
From and after July 1, 2006, none of the area described below may be subject to any annexation ordinance adopted after the date of ratification of this Charter under Parts 2 or 3 of Article 4A of Chapter 160A of the General Statutes.
All that land lying and bound by Boyd Road on the South to its intersection with the Wentworth Fire District line; thence with the Wentworth Fire District line to the Reidsville City limits, by the Western city limits of the Town of Reidsville on the East and by the Eastern city limits of the Town of Wentworth on the West and on the North by a line 400 feet South of and parallel to the centerline of Berrymore Road and the Wentworth Fire District.
"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, Evelyn Conner, 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 or 2.2 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.