NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 856

HOUSE BILL 518

 

 

AN ACT TO PROVIDE FOR ELECTION OF MEMBERS OF THE RALEIGH CITY SCHOOL ADMINISTRATIVE UNIT AND TO FIX THEIR TERMS OF OFFICE.

 

The General Assembly of North Carolina do enact:

 

Section 1. Presently incumbent members of the Board of Education of the Raleigh City School Administrative Unit shall hold terms of office as follows: Maurice P. Thiem, a term to expire July 1, 1965; Lewis H. Powell, a term to expire July 1, 1965; Mrs. J. L. Stough, a term to expire July 1, 1967; and F. J. Carnage, a term to expire July 1, 1967. The City Council of the City of Raleigh, on or before June 15, 1963, shall appoint a fifth member of the Board of Education of the Raleigh City School Administrative Unit to serve a term expiring July 1, 1965. All terms shall run to the dates specified for the members as hereinabove set forth, and until their successors are elected and appointed.

Sec. 2. From and after July 1, 1963, the Board of Education of the Raleigh City School Administrative Unit shall consist of five (5) members. At the regular municipal election to be held in and for the City of Raleigh in May of 1965, there shall be elected three (3) members of the Board of Education, who shall hold terms of four (4) years commencing July 1, 1965, and until their successors are elected and qualified. In the municipal elections held biennially after 1965, there shall be elected the number of members necessary to fill vacancies which shall arise during the year of such election, such members to be elected at such subsequent elections to terms of four (4) years and until their successors are elected and qualified.

Sec. 3. Candidates for election to the Board of Education of the Raleigh City School Administrative Unit shall file notices of candidacy in the same manner as presently provided for such notices to be filed for election to other city offices. Ballots shall be prepared as in the case of preparation of ballots of other city offices, listing the names of the candidates who have filed for election to membership upon the said Board of Education, and the said candidates shall be voted upon by qualified voters of the Raleigh City School Administrative Unit. The registration and election shall be conducted insofar as practicable in accordance with the provisions of law relating to municipal primaries and elections in the City of Raleigh.

Sec. 3½. If more than six (6) candidates file for office in years when three vacancies on the Board are to be filled, a primary election shall be held and the six (6) candidates receiving the highest number of votes in the primary election shall be certified as the only candidates whose names shall be placed on the ballot for the election. If not more than six (6) candidates file for office in such years, no primary shall be held as to such candidates and only their names shall be placed on the ballot for the election.

If more than four (4) candidates file for office in the years in which two vacancies on the Board are to be filled, a primary election shall be held and the four (4) candidates receiving the highest number of votes in the primary election shall be certified as the only candidates whose names shall be placed on the ballot for the election. If not more than four (4) candidates file for office in such years, no primary shall be held as to such candidates and their names shall be the only names placed on the ballot for the election.

The Wake County Board of Elections shall canvass the primary and election returns and declare the results in the same manner and at the same time as a canvass is made for the primary and election returns, for other offices as set out in the City Charter of the City of Raleigh, and the candidates who are elected to the Board of Education of the Raleigh City School Administrative Unit shall take office at the same time as members of the City Council and after having taken the oath of office required of members of the City Council of the City of Raleigh.

The costs of primaries and elections held for the purpose of electing members of the Board of Education of the Raleigh City School Administrative Unit shall be paid to the Wake County Board of Elections by the Raleigh City School Administrative Unit.

Sec. 4. The members of the Board of Education of the Raleigh City School Administrative Unit shall, at the first meeting held following their selection and qualification for office, elect one of their members to serve as Chairman for a term of two (2) years. Thereafter, the Chairman shall be elected by the members of the Board from one of their membership to serve for two (2) years and until his successor is elected.

Sec. 5. Any vacancies occurring on the said Board of Education by death, resignation or otherwise shall be filled by the City Council of the City of Raleigh for the remainder of the unexpired term of the member whose death, resignation or removal created the vacancy on the Board. If, in the municipal elections held biennially, there shall be fewer candidates filing in the municipal election than the number of vacancies to be filled, this shall constitute a vacancy to be filled as above provided.

Sec. 6. Candidates shall be residents of the Raleigh City School Administrative Unit, and if any member of the School Board shall remove his residence from the boundaries of such Unit, such removal shall create a vacancy on the Board to be filled as above herein described. The boundaries of the Raleigh City Administrative School Unit shall be as follows, or as they may hereafter be established as provided by law:

"Beginning at a point 200 feet South of the intersection of the New Hope Church Road and the Old Wake Forest Road; thence in a northeasterly direction with said right of way of New Hope Church Road to the western edge of the right of way of Racetrack Road; thence with said right of way of Racetrack Road in a southerly direction to the point where said right of way turns at approximately a right angle in a westerly direction; thence South 52 degrees 05 minutes East to the western edge of the right of way of Seaboard Airline Railway; thence with said right of way in a southerly direction to a point in Crabtree Creek at which point the Seaboard Airline Railroad crosses Crabtree Creek; thence down Crabtree Creek to the former eastern boundary line of Raleigh Township at the eastern property line of Aaron Liles' land; thence in a southerly direction along the former eastern boundary line of Raleigh Township to Walnut Creek; thence in a westerly direction along Walnut Creek to a point where the eastern property line of Rochester Heights Subdivision intersects Walnut Creek; thence in a southerly direction along the eastern property line of Rochester Heights Subdivision to a point where it intersects the northern property line of Biltmore Hills Subdivision; thence following the property line around Biltmore Hills Subdivision; thence following the property line around Biltmore Hills Subdivision back to a point where said property line intersects Garner Road; thence in a northerly direction along Garner Road to a point where Walnut Creek intersects Garner Road; thence in a westerly direction along Walnut Creek to the point where Walnut Creek joins Lake Raleigh; thence in a southwesterly direction along the southeastern shore to a point, said point being the southern tip of Lake Raleigh; thence in a southwesterly direction to a point, said point beginning at the intersection of Walnut Trail and Crump Road; thence in a southwesterly direction to the southern tip of Lake Johnson and continuing along the southern shore crossing Avent Ferry Road and continuing North to the center of said lake to a point, said point beginning at the intersection of the North lake shore of Lake Johnson and the present Raleigh City limits; thence along the present Raleigh City limits to a point, said point being the intersection of the western property line of Oakdale Subdivision (Lot #7), with the present Raleigh City Limits; thence in a northerly direction along the western boundary of Oakdale Subdivision to a point, said point being the intersection of Oakdale Subdivision and Hillsboro Road; thence in a northerly direction to the Southern and Seaboard Railroads; thence East along the right of way of the Southern and Seaboard Railroads to a point, said point being the intersection of the eastern property line of Armco Drainage and Metal Products, Inc. with the right of way of the Southern and Seaboard Railroads; thence in a northerly direction along the East property line of Armco Drainage and Metal Products, Inc. and continuing along said line to the northern right of way of N. C. 54 and thence in a westerly direction along the right of way of N. C. 54 160 feet and/or to a draw, said draw being located on Winsor Park, Inc., property; and thence in a northerly direction along said draw to a point, said point being the intersection of said draw with the southern right of way of Old Trinity Road; thence in an easterly direction along a line 400 feet, more or less, South of Old Trinity Road to a point, said point being the southwest corner of State Highway Maintenance Shop property; thence in a northerly direction along West property line of said property; thence in a northerly direction one lot depth West of Blue Ridge Road to a point, said point being the southwest corner of the Harvey Stone property (Lot 31, Map 462); and thence in a westerly direction 500 feet and/or to the southeast corner of the J. M. Harrison property (Lot 3, Map 461), and continuing in a westerly direction along said property line to the southwest corner of said property; thence in a northerly direction to a point, said point being the intersection of said property and property of Mrs. Callie Mangum (Lot 1, Map 462); thence in a northeasterly direction along a projected line to the intersection of Edwards Mill Road and Prison Farm Road; thence in a northeasterly direction 400 feet to a point, said point being 400 feet West of Edwards Mill Road; thence in generally a northerly direction along Prison Farm Road to a point, said point being the intersection of Prison Farm Road and Highway 70; thence in a northerly direction to a point, said point being the source of the western branch of Hare Snipe Creek; thence in an easterly direction along the creek to the intersection of Pleasant Grove Church Road Annex and Pleasant Grove Church Road; thence in an easterly direction along the southern right of way of Leesville Road to its intersection with Shelley Road; thence along the southern right of way of Shelley Road to its intersection with Leadmine Road; thence North of Shelley Road to the intersection of Shelley Road and Leadmine Creek; thence with the southern edge of the right of way of Shelley Road in a southeasterly direction to the northwest corner of Chestnut Hills Subdivision; thence in a southerly and easterly direction with the property line of Chestnut Hills Subdivision to the center of Six Forks Road, just South of Northwood Drive; thence in an easterly direction along a draw to its intersection with Doak Lake and thence in a southeasterly direction along Hogg Pen Branch to its intersection with Big Branch; thence in a southeasterly direction to a point, said point being 200 feet South of the intersection of New Hope Road and the Old Wake Forest Road, point of beginning."

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8. 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 12th day of June, 1963.