NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 662

SENATE BILL 505

 

 

AN ACT TO CREATE A FIRE PROTECTION DISTRICT FOR THE UNINCORPORATED TOWN OF BADIN, NORTH CAROLINA.

 

The General Assembly of North Carolina do enact:

 

Section 1. There is hereby created the Fire Protection District of Badin, North Carolina.

Sec. 2. The District shall be composed of the unincorporated territory now commonly known as Badin, North Carolina, and more particularly described as follows:

Beginning at Corner No. 1, which is a point in the eastern right of way of N. C. Highway No. 740 at the intersection of a line which is 50 feet southward from and at right angles to the center line of Aluminum Company of America's spur line railroad track located around the southern end of the Narrows Reservoir, in the Town of Badin, Stanly County, North Carolina; thence following a line along the southern side of said railroad track 50 feet from and parallel thereto 1015 feet to Corner No. 2 at the intersection of Lake and Chestnut Streets; thence northeasterly along the northern boundary of Lake Street 1290 feet to Corner No. 3 at its intersection with an alley; thence southeasterly along the eastern line of said alley 1025 feet to Corner No. 4 at its intersection with Walnut Street; thence northeasterly 340 feet to Corner No. 5 at the intersection of two alleys; thence northeasterly 440 feet to Corner No. 6 at the intersection of Ash and Stanly Streets; thence along the eastern boundary of Stanly Street in a southerly direction 2575 feet to Corner No. 7 at the intersection of Stanly Street and Falls Road; thence southwesterly 210 feet to Corner No. 8 at the end of an alley; thence along the southern boundary of said alley northwesterly 665 feet to Corner No. 9 at the intersection of two alleys; thence along the southeastern boundary of an alley southwesterly 415 feet to Corner No. 10, which is a corner in said alley; thence southeasterly 1125 feet to Corner No. 11, said corner being 500 feet northeasterly from Hydrant No. 64; thence southwesterly 625 feet to Corner No. 12 in the southeastern edge of the Golf Club Road; thence southwesterly 1200 feet to Corner No. 13, said corner being in the center line of Henderson Street and 500 feet southeasterly from Hydrant No. 28; thence northwesterly 1415 feet to Corner No. 14, said corner being 500 feet southwesterly from Hydrant No. 29; thence northeasterly 1120 feet to Corner No. 15 at the intersection of Cheoah and Cherokee Streets; thence northwesterly 750 feet to Corner No. 16 at the intersection of New Access Road with N. C. Highway No. 740; thence along the southwestern right of way of the New Access Road northwesterly 1400 feet to Corner No. 17, said corner being at the intersection of Wood and Lee Streets; thence along the southwestern boundary of Wood Street northwesterly 2375 feet to Corner No. 18 at the intersection of Lincoln and Perry Streets; thence along the western boundary of Perry Street northwesterly 850 feet to Corner No. 19 at the intersection with an alley; thence along said alley northeasterly 635 feet to Corner No. 20 at the intersection with Dewey Street; thence southeasterly along the northern boundary of Dewey Street 350 feet to Corner No. 21 at the intersection with an alley; thence northeasterly along the alley 1130 feet to Corner No. 22 at the intersection with Wayne Street; thence southeasterly 175 feet to Corner No. 23 at the intersection of Lincoln and Wayne Streets; thence northeasterly along the western boundary of Lincoln Street 400 feet to Corner No. 24 at the intersection of Lincoln Street and Roosevelt Road; thence northeasterly 570 feet to Corner No. 25 on the eastern boundary of Stuart Street and 400 feet northeasterly of Hydrant No. 139; thence southeasterly 600 feet to Corner No. 26 at the end of Sumpter Street and 300 feet northerly from Hydrant No. 113; thence southeasterly 1660 feet to Corner No. 27 on the eastern right of way line of N. C. Highway No. 740 and opposite entrance of a side road; thence southward along the eastern right of way line of N. C. Highway No. 740, 1180 feet to the beginning, all as shown on a map numbered E6704BN on file in the office of Yadkin, Inc.

Sec. 3. There is hereby created a Fire Commission of the Badin Fire Protection District to be composed of three (3) members, residents of the District, appointed by Yadkin, Inc. Members of said Fire Commission shall serve for a term of four (4) years from the date of their appointment, and there shall be no limit to the number of terms a member may serve. W. F. Sanders, E. L. Reed and J. H. Leonard are hereby appointed to serve as the first members of the Fire Commission,

Sec. 4. The chairman of the Fire Commission shall be selected by the members of the Commission. Yadkin, Inc. shall fill by appointment any vacancy that shall exist in the Fire Commission by reason of the death or inability to serve of any member.

Sec. 5. The Fire Commission of the Badin Fire Protection District shall be responsible for providing for the furnishing of fire protection to the District.

Sec. 6. To enable the Fire Commission to carry out its responsibilities, it shall have the following powers:

(a)       To contract with any person, firm or corporation furnishing water to the area in the District for a water supply, and to contract with Yadkin, Inc. or any other corporation for fire-protection apparatus and housing for said apparatus.

(b)       To contract with the Badin Volunteer Fire Department to furnish fire protection for the District in return for providing the Badin Volunteer Fire Department with fire-protection apparatus and housing for said apparatus.

(c)       To require, in the event a contract for fire protection is executed with the Badin Volunteer Fire Department, that a minimum of twenty (20) firemen be members of the Badin Volunteer Fire Department at all times and that at least one (1) piece of listed fire-protection apparatus and adequate equipment and a sufficient number of firemen to man it remain in the District at all times.

(d)       To establish fire-prevention regulations for the residents of the Fire Protection District.

Sec. 7. The Fire Commission and the fire department entering into a contract with said Fire Commission shall have all the immunities, privileges and rights when performing any of the functions authorized by this Act, within the boundaries of the Fire Protection District, as members of a municipal fire department would have in performing their duties for and within the corporate limits of a municipal corporation.

Sec. 8. This Act shall be in effect only for so long as Yadkin, Inc. or any other corporation shall contract for and continue to furnish the Fire Commission and the Badin Volunteer Fire Department listed fire-protection apparatus and equipment and housing for said apparatus, without cost to the Fire Commission.

Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10. 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 4th day of June, 1963.