NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 840

HOUSE BILL 1058

 

 

AN ACT TO EXTEND THE CORPORATE LIMITS OF THE CITY OF ASHEVILLE, SUBJECT TO A REFERENDUM ELECTION.

 

The General Assembly of North Carolina do enact:

 

Section 1. That, subject to an election to be held in the manner hereinafter provided, on and after January 1, 1960, the corporate limits of the City of Asheville, in Buncombe County, shall be enlarged and extended so as to include all of the territory within the following boundaries:

BEGINNING at a point on the West bank of the French Broad River at low water, said point being due East of the center line of the western abutment of the present Carrier Bridge; thence generally West and South with the meanders of the French Broad River along the present city-limit boundary to a point in the center line in the mouth of Hominy Creek, where said creek enters French Broad River; thence along the center of Hominy Creek and along the present city-limit boundary to the center line of Caney Branch, where said branch enters Hominy Creek; thence up the center line of Caney Branch generally in a North and West direction along the present city-limit boundary to a point where the Murphy Branch of the Southern Railway crosses the same, said point being the present city-limit corner; thence continuing in a West and North direction 1300 feet, more or less, up the center of Caney Branch to where a small branch, sometimes called East Fork of Caney Branch, enters the main branch; thence in a generally West direction 700 feet, more or less, to the fork of two branches, continuing in a North direction 1000 feet, more or less, up the eastern most of these branches and extending up the natural drainage-way beyond the headwaters of said branch to a point in the eastern margin of right-of-way of Pisgah View Road near the junction of Pisgah View Road and Deaverview Road; thence in a northern direction along the eastern margin of the right-of-way of Pisgah View Road across Deaverview Road to a monument, said monument being in the eastern margin of the right-of-way of Pisgah View Road 300 feet North of the center line of the pavement of Deaverview Road; thence generally East along the line parallel to and 300 feet North of the meanders of the center line of Deaverview Road to a monument, said monument being 300 feet West of the center line of the pavement of North Bear Creek Road; thence North parallel to and 300 feet West of the center line of the pavement of North Bear Creek Road; thence North parallel to and 300 feet West of the center line of the pavement of North Bear Creek and North Bear Creek Road Extension, across Johnson Boulevard to a point in the center line of the pavement of Old County Home Road; thence due North and across the present County Home Road to a point 300 feet from the center line of the pavement of the present County Home Road; thence generally East along a line parallel to and 300 feet North of center line of the pavement of the present County Home Road and approximately 3700 feet, more or less, to a point 300 feet West of a junction of existing road leading to the G. E. Crouch property; thence North 1000 feet, more or less, along the line 300 feet West and parallel to center of said road to a monument; thence East 1000 feet, more or less, along the line parallel to and 300 feet North of the center line of existing county road to a point 300 feet East of the junction of said county road and Hazel Mill Road to a monument; thence generally East along the line 300 feet North and parallel to the center line of the pavement on Hazel Hill Road to a point in Mill Creek 300 feet North of the center line of Patton Avenue, said point being in the present city boundary line; thence North along the present boundary line with the meanders of Mill Creek to a monument where Mill Creek enters French Broad River, said point being the present city-limit corner; thence along the present city-limit boundary along the western margin of the French Broad River to a point 10 feet South of the bridge across the river known as Smith's Bridge, said point being the present city-limit corner; and runs thence parallel with the South line of the said bridge to a stake in the East bank of said river, 10 feet South of said bridge, and being a present city-limit corner; thence North along the meanders of the East margin of the French Broad River across Pearson Drive and with the present city boundary including Richmond Hill Development, to a point on the river bank 1000 feet North of the center line of old Pearson Bridge, said point being the present city-limit corner; thence northeast along the present city-limit boundary to the center line of Riverside Drive; thence North 1600 feet, more or less, with the meanders of the center line of Riverside Drive to the junction of Route N. C. 191 (Broadway); thence generally East 2100 feet, more or less, along the meanders of the center line of Route N. C. 191 (Broadway) to a monument in the present corporate boundary line; thence generally North, West, and North 6100 feet, more or less, with the present corporate boundary line to a point and a monument, said point being due East of the intersection of the center line of Burnsville Hill Road and Hickory Lane Road; thence due West 2300 feet, more or less, with said line to the center line of Burnsville Hill Road; thence generally North 4300 feet, more or less, along the meanders of the center line of Burnsville Hill Road, across Lakeshore Drive to a point 300 feet South of the junction of Burnsville Hill Road and U. S. Route 19 (Merrimon Avenue); thence northwest along the line 300 feet South and parallel to the center line of U. S. 19 to a point 300 feet West of the junction of U. S. 19 and Beaver Road; thence 3500 feet, more or less, northeast across Route U. S. 19 and parallel to and 300 feet West or North of the meanders of the center line of Beaver Road to a point 300 feet North of junction of Beaver Road and Stratford Road; thence 370 feet, more or less, northeast, 300 feet North or West and parallel to the meanders of center line of Stratford Road to a point in the present western corporate boundary of the City of Asheville; said point being 500 feet, more or less, South of the northwest corner of the present corporate boundary on Gooch Mountain; thence North 500 feet, more or less, along the present corporate boundary to the above-mentioned corner; thence East along the present boundary, 3000 feet to a monument; thence due North 2000 feet, more or less, to a monument in a line projected between the monument on Gooch's Peak designated as Biltmore No. 2, elevation 3018 feet, and a triangulation station monument known as LR 660, elevation 2319 feet, in the vicinity of Linn Cove Road as shown on T.V.A. map as such; thence East along the above-defined line 3000 feet, more or less, to a monument in the eastern margin of the right-of-way of State Highway No. 694; thence generally southeast 4400 feet, more or less, to the intersection of the center lines of Beaverdam Road and Spooks Branch Road; thence generally East 300 feet along the meanders of the center line of Beaverdam Road to a point; thence generally southeast 6500 feet, more or less, along the line 300 feet northeast and parallel to the center line of Spooks Branch Road to a point and a monument located 300 feet East and 300 feet South of the edge of the pavement of the most southern portion of Spooks Branch Road; thence southwest 2500 feet more or less, to a monument in the vicinity of Patton Mountain Road, said monument being the present city-limit corner situated in the vicinity of the gap between Pleasant Knob and Patton Mountain; continuing thence South 4000 feet, more or less, along the present city-limit boundary to a monument and established present corner; thence East 1500 feet, more or less, along the present corporate boundary to a monument and established corner, said monument being on top of Sunset Mountain; thence East 200 feet and thence South along the existing corporate boundary to a monument 200 feet East of the low point in Vance Gap, this above line generally following along a point 200 feet East of the top of the ridge on Sunset Mountain; thence due East 3500 feet, more or less, to a monument, said monument being 1000 feet East of Ross Creek; thence generally South along a line 1000 feet East and parallel to the meanders of the center of Ross Creek to a monument, said monument being 1000 feet due East of a point on Ross Creek where an unnamed branch enters Ross Creek from the East (said branch junction being 1000 feet, more or less, up Ross Creek from a point where Ross Creek crosses under Tunnel Road (U. S. 70)); thence due East 800 feet, more or less, to a monument, said monument being on the crest of Piney Ridge (Piney Mountain) 2000 feet, more or less, North of Old Haw Creek Road; thence generally northeast 5600 feet, more or less, to a monument on the high elevation on a knob, said knob being 2000 feet, more or less, southeast of the summit of Cisco Mountain; thence generally East 4500 feet, more or less, along a bearing toward the existing concrete government monument at the most western boundary of the Oteen Government Reservation to a monument, said monument being in the aforesaid line and 500 feet West of the mentioned government monument; thence generally South 1300 feet, more or less, to a point and a monument located 300 feet due West of the junction of the center lines of Pinedale Road and Bullman Road; thence due East 1600 feet, more or less, to a monument in the established boundary line of the Government Oteen Reservation; thence generally South 1700 feet, more or less, along the existing government line to an established corner on the edge of Bull Mountain Road; thence generally South continuing along same bearing as established by the preceding government boundary line, 4100 feet, more or less, and across Route U. S. 70 and across Route N. C. 81 to a point in the center line of the Swannanoa River in the vicinity of Recreation Park Dam; thence generally West down the meanders of the center of Swannanoa River, 10,000 feet, more or less, to a point in the river due South of the junction of the center lines of Route N. C. 81 and Route U. S. 74; thence due South 3400 feet, more or less, to a monument in the southern margin of the Southern Railway right-of-way for the Asheville-Swannanoa main line; thence generally East 4500 feet, more or less, along the southern margin of said railway right-of-way to a monument, said monument being 300 feet East of the junction of Fairview Road and Wilmington Road; thence generally South 1400 feet, more or less, across Fairview Road, and parallel to and 300 feet East of the meanders of the center line of Wilmington Road to a point 300 feet East of the junction of Wilmington Road and Onteora Boulevard; thence generally 1900 feet, more or less, southeast parallel to and 300 feet East of the meanders of the center of Onteora Boulevard, to a monument, said monument being 300 feet, more or less, southeast of the junction of Raleigh Road and Onteora Boulevard; thence generally West 3500 feet, more or less, parallel to and 300 feet South of the meanders of the center of Raleigh Road to a monument, said monument being 300 feet East of Crayton Road; thence generally southwest 1400 feet, more or less, parallel to and 300 feet South of the meanders of the center of Crayton Road to a monument in the western margin of the Southern Railway right-of-way of the Asheville-Hendersonville line; thence generally South and West 3500 feet, more or less, along the western margin of the Southern Railway right-of-way, across Route U. S. 25A to a monument, said monument being in the railway right-of-way line and 300 feet West of the center line of Route U. S. 25A; thence generally North and West 5800 feet, more or less, parallel to and 300 feet West of the meanders of the center line of Route U. S. 25A to a monument in the vicinity of Caribou Road, said monument being in the present city-limit boundary line approximately 300 feet South of the existing eastern boundary corner on Sweeten Creek Road; thence generally South 4300 feet, more or less, along existing city-limit boundary to a corner in the center line of West Chapel Road; thence generally West 2700 feet, more or less, along existing city-limit boundary with the meanders of the center line of West Chapel Road to a monument in the western margin of Route U. S. 25 (Hendersonville Road), said monument being the present common boundary corner between the City of Asheville and the Town of Biltmore Forest; thence North along the present joint city boundary line of Asheville and Biltmore Forest to a point, said point being the northwest corner of Biltmore High School property (as described in the 1923 Act to incorporate Biltmore Forest); thence approximately North 22 degrees West 3800 feet, more or less, to a point in the present Asheville and Biltmore Forest common boundary line, and further designated as the southwest corner of Lot No. 8, Sheet 2, Ward 7, Buncombe County Tax Map; thence generally North along the present Asheville-Biltmore Forest common boundary line to the Swannanoa River; thence West along the present corporate boundary and down the meanders of the Swannanoa River to its junction with the French Broad River; thence North along the Eastern margin of French Broad River along the present city boundary line to a point 10 feet North and below the concrete bridge (called Old West Asheville Bridge or sometimes called Street Car Bridge); thence parallel with North line of said bridge to a point on the western margin of said bridge 10 feet North and below the bridge; thence South up the West margin of French Broad River along the present city boundary to the BEGINNING.

Sec. 2. The question of the foregoing extension of the corporate limits of the City of Asheville shall be submitted to the vote of the qualified electors of said city and the territory to be added thereto by such extension as contained in the boundaries hereinbefore set forth voting together.

Sec. 3. The election provided for in Section 2 of this Act shall be held on Tuesday, August 25, 1959, under the supervision of the Buncombe County Board of Elections, and in all particulars, other than those provided in this Act, shall be held and conducted and the qualifications of the voters at the election determined as nearly as may be practicable in accordance with the general laws governing elections. The test of qualification of voters in said election shall be, whether such voters are residents of the city or the territory provided to be added thereto, and whether the residents of the city shall be qualified voters of the City of Asheville and the residents of the territory proposed to be added thereto shall be qualified voters of Buncombe County, as shown by the registration books maintained by said County Board of Elections.

Sec. 4. The registration books shall be open for the registration of voters at nine o'clock A. M. on the fourth Saturday before the election. Said books shall be closed at seven o'clock P. M. on the second Saturday before the election. The Saturday before the election shall be challenge day. The registration books for those precincts in the County of Buncombe which include the territory outside of the City of Asheville proposed to be annexed shall be kept open during the same period provided for the registration of voters in the City of Asheville. The registrars in such precincts shall be present at the polling places of each precinct affected each Saturday during the period of registration from nine o'clock A. M. to seven o'clock P. M. for the registration of voters who are not already registered. The County Board of Elections shall publish, preceding the day of election, a notice of said election once a week for four successive weeks in a newspaper published in the City of Asheville. All voters shall vote at the voting places of the precinct for general elections in which they reside. The registration books used at the last general election held in Buncombe County shall be used at said election in all precincts in the city and in the territory to be annexed. Precincts partially included in the territory to be annexed shall have a new registration.

Sec. 5. At the election provided for herein, all voters of the city and the territory proposed to be added thereto, as set out above, when they present themselves to the polling places to vote, shall each be supplied by the election officials with a ballot, upon which the form of the question shall be substantially these words:

"For Extension of City Limits" and "Against Extension of City Limits", said alternates shall appear separate from each other on one ballot containing opposite and to the left of each alternate squares of appropriate size, in one of which squares the voter may make an "X" mark to designate the voter's choice for or against said extension of the city limits; such ballot shall be printed on white paper and each polling place shall be supplied with a sufficient number of ballots not later than the day before the election. If at such election a majority of the votes cast shall be for extension of city limits, then on and after the 1st day of January, 1960, the corporate limits of said City of Asheville shall be extended as herein provided, the territory described above, which is now outside the boundaries of the City of Asheville, shall be a part of the corporate territory of said city and such territory and its citizens and the property therein located shall be subject to all the laws, ordinances and regulations in force in said city. The County Board of Elections shall declare the result of the election and certify it to the Asheville City Council, which shall cause it to be entered upon the records of the city. Provided, that in the sound discretion of the County Board of Elections, voting machines rather than paper ballots may be used in such election.

Sec. 6. If said election shall carry, then the County and City Boards of Elections, after the first day of January, 1960, shall provide for any additional voting precincts within the extended corporate limits, or for the extension of any precincts within the present city limits, including the territory added thereto, which they may deem necessary and for the transscribing of the names of all voters resident in the territory thus added to the city registration books of the precincts of the enlarged city in which they shall reside.

Sec. 7. Should said election carry, the City of Asheville is hereby authorized and empowered to plan for extending and to extend, municipal public works into the territory coming into the city limits by virtue of said election. The City of Asheville is granted the right to acquire the necessary lands in connection with such public works and to acquire property in connection therewith by condemnation, if necessary, under the present law governing condemnation of property within the present city limits of the City of Asheville, which said law is hereby extended to cover such added territory.

Sec. 8. When the corporate limits of the said City of Asheville are extended as herein provided, the territory described above shall be the corporate territory of the City of Asheville, and such territory, its citizens and property, shall be subject to the charter and all laws, ordinances and regulations in force in said city.

Sec. 9. (a)  The City Council of Asheville shall, after the ratification of this Act, and prior to January 1, 1960, cause an accurate survey of the city boundaries to be made, and shall cause appropriate permanent monuments to be erected in order to identify the accurate lines as herein established.

(b)       Upon completion of this survey, the City Council shall have filed in the city engineer's office and the county engineer's office a record of this survey, and in the event that this line bisects privately owned property of record, it shall be the right of said property owner to petition the city council, prior to November 1, 1959, to alter this line to either include or exclude all of his individual piece of recorded property. This Act shall not be interpreted to make the city responsible for establishing any property line; it shall be expressly the obligation of the property owner requesting boundary changes to have filed a plat of his property with the Buncombe County Register of Deeds.  After these conditions have been met, the city council may revise said city limits boundary and upon completion of all revisions a certified plat of the boundaries of the City of Asheville shall be duly recorded in the Buncombe County Courthouse.

Sec. 10. (a)  The City of Asheville shall assume responsibility of street and storm sewer maintenance in the newly annexed area on June 30, 1960, or such date as will not interfere with the City of Asheville receiving 1960-1961 "Powell Bill" appropriations for these streets from the North Carolina State Highway Commission.

(b)       Garbage and sanitary services in the newly annexed area shall commence on July 1, 1960, or such prior date as may be designated by the City Manager of the City of Asheville.

(c)       Parks and play ground services in the newly annexed area shall begin on July 1, 1960, or such prior date as may be designated by the City Manager of the City of Asheville.

(d)       Sewer and water maintenance in the newly annexed area shall be transferred from special sewer districts to the city maintenance on July 1, 1960, with the exception of the Woodfin Water and Sanitary District which will be permitted to operate as a separate public utility, and will not be the responsibility of nor under the direction of the City of Asheville. The financing of water and sewer bonded indebtedness will be handled as hereinafter provided in this Act.

Sec. 11. (a)  Codes and Ordinances. After January 1, 1960, the newly annexed area will be subject to any codes, ordinances, or statutes pertaining to the City of Asheville.

(b)       Court Jurisdiction. The City of Asheville Police Court, the Asheville police officers, and all police matters shall be in force in the newly annexed area after July 1, 1960, or such prior date as fixed by agreement between the city council and the Clerk of the Superior Court of Buncombe County.

(c)       Fire Protection. The Asheville Fire Department may render any service practicable in the newly annexed area after January 1, 1960. It shall be its duty to furnish all services in this area and to maintain the same standard of service as is now furnished in the present boundary limits of the City of Asheville after July 1, 1960.

Sec. 12. If the corporate limits of the City of Asheville should be extended as herein provided, the City of Asheville shall succeed to any real and personal property within the newly annexed area now held by any municipality, or special sanitary and water district (not including the Woodfin Sanitary and Water District), and in consideration of these properties the City of Asheville shall become obligated for its proportionate part of the bonded indebtedness of these agencies as hereinafter described. The City of Asheville shall assume a portion of the bonded debt of all water and sewer districts or municipalities in Buncombe County where part or parts of the territory of such water and sewer districts or municipalities are included within the boundary lines of the City of Asheville as extended. The percentage, or portion of the bonded debt of such water and sewer districts or municipalities to be assumed by the City of Asheville shall be that percentage or portion of such bonded debt as the assessed valuation of the entire territory of such water and sewer districts or municipalities; the assessed valuation to be computed as of the valuation upon the tax books of Buncombe County, May 1, 1960. As soon as practicable, after July 1, 1960, the Mayor of the City of Asheville and the Chairman of the Board of Commissioners of Buncombe County shall compute the amount of bonded indebtedness in each of the water and sewer districts or municipalities where a portion of the bonded debt is to be assumed by the City of Asheville, and compute the same on the basis contained in this Section, and shall be based on the bonded debt as it exists June 30, 1960, and they shall cause a record thereof to be made in the minutes of the proceedings of the Board of County Commissioners, and a copy thereof recorded in the minutes of the proceedings of the City Council of the City of Asheville, and thereafter there shall be levied annually in the City of Asheville a special tax of sufficient rate to pay the principal and interest of that part of said bonds so assumed, as the same become due, and it shall be the duty of the City of Asheville to cause the proceeds from said special tax to be paid over to the County Commissioners of Buncombe County to be used by them for the payment of that portion of the principal and interest of the bonds of the said water and sewer districts or municipalities so assumed by the City of Asheville, and no tax shall be levied in the City of Asheville by the Commissioners of Buncombe County for either the principal or interest of bonds of such water and sewer districts or municipalities which have been assumed by the City of Asheville, or for the maintenance or operation of any sewer or water systems within the said city.

Sec. 13. When the City of Asheville shall have assumed a portion of the bonded debt of said water and sewer districts or municipalities as provided for in the preceding Section, then all the pipe lines, both water and sewer, together with the other physical properties of said water and sewer districts or municipalities located within the boundary lines of the City of Asheville as enlarged, shall immediately become the property of the City of Asheville, and shall be administered by said city in the same manner as the city administers its present water and sewer systems.

Sec. 14. If any Section, clause or sentence of this Act shall be declared invalid, no other Section, clause or sentence of said Act shall be affected thereby.

Sec. 15. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 16. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 9th day of June, 1959.