NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 836

HOUSE BILL 737

 

 

AN ACT TO INCORPORATE THE TOWN OF MONTREAT IN BUNCOMBE COUNTY AND TO AMEND THE CHARTER OF THE MOUNTAIN RETREAT ASSOCIATION.

 

The General Assembly of North Carolina do enact:

 

Section 1. Incorporation and General Powers. The inhabitants of the territory described in Section 2 of this Act shall constitute a body politic and corporate under the name of the Town of Montreat, and shall be vested with all rights and powers herein delegated to it; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may, from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Act all municipal powers, functions, rights, privileges, and immunities of every name and nature vested in, or accorded or delegated to, municipal corporations by the general laws of the State. In addition, the Town of Montreat shall have and may exercise all the powers of a municipal, or governmental nature delegated to the Mountain Retreat Association or to any board, body, or official thereof by the following Acts: c. 196, Public Laws, 1897; c. 559, Public Laws, 1901; c. 431, Private Laws, 1907; cc. 143 and 425, Private Laws, Regular Session, 1913; c. 107, Private Laws, 1917; c. 169, Private Laws, Regular Session, 1921; and c. 396, Public Laws, 1933; and all such powers of a governmental nature are hereby withdrawn from the Mountain Retreat Association or any board, body, or official thereof.

Sec. 2. Corporate Boundaries. The corporate boundaries of the Town of Montreat, until changed in accordance with law, shall be as follows:

Lying and being in Buncombe County, North Carolina and being all that area lying within the following particular described perimeter:

Beginning at a newly installed concrete marker set in the eastern edge of the main road leading from Black Mountain to Montreat at the point where the southern line of the Mountain Retreat Association property crosses said road and lying 259.85 feet South 55 degrees 30 minutes East from an old concrete monument as shown on page 1 of the map of Montreat, which is duly recorded in the Office of the Register of Deeds of Buncombe County, Plat Book 16, page 92 and running from said newly erected concrete marker the following calls and distances (subject to adjustment for changes in magnetic North since 1935):

North 55 degrees 30 minutes West 259.85 feet to the aforementioned concrete monument; North 67 degrees 56 minutes West 633 feet to a monument; North 83 degrees 32 minutes West 247.5 feet to a monument; North 88 degrees West 883 feet to a concrete and stone monument, same being the southwest corner of the Mountain Retreat Association properties; North 01 degrees 37 minutes East 2227 feet to a stake; thence North 82 degrees 30 minutes East 1204 feet to a stake; thence following the western line of the Mountain Retreat Association properties, the following calls and distances: North 01 degrees East 198 feet; North 36 degrees 15 minutes West 825 feet; North 46 degrees West 464 feet; North 28 degrees West 561 feet; North 49 degrees West 330 feet; North 26 degrees 30 minutes West 330 feet; North 09 degrees 15 minutes West 99 feet; North 10 degrees East 363 feet; North 48 degrees East 462 feet; North 27 degrees East 577.5 feet; North 56 degrees 30 minutes East 231 feet; North 44 degrees 30 minutes East 297 feet; North 51 degrees East 792 feet; North 42 degrees East 264 feet to a point on Brushy Knob; thence leaving the western line of the Mountain Retreat Association property at Brushy Knob the following approximate calls and distances:

In an easterly direction approximately 2500 feet to a newly erected concrete monument located in the center of Big Piney Branch approximately five feet South of the toe of the rock and mortar dam now serving as one of the water reservoirs of Mountain Retreat Association; thence from said concrete monument in an easterly direction approximately 2700 feet to a concrete monument recently set in the center of the toe of the earthen dam of the Mountain Retreat Association water system reservoir located just North of Graybeard Trail and just West of Slatey Branch; thence from said monument in an easterly direction approximately 3150 feet to the point and marker in the eastern boundary of the Mountain Retreat Association property located in Long Gap, thence with the eastern margin of the Mountain Retreat Association property the following calls and distances: South 04 degrees 30 minutes West 528 feet; South 29 degrees 15 minutes West 528 feet; South 37 degrees West 206 feet; South 36 degrees 30 minutes East 462 feet; South 10 degrees 45 minutes West 214 feet; South 03 degrees 50  minutes East 444.5 feet; South 11 degrees 15 minutes West 156 feet; South 46 degrees West 140 feet; South 06 degrees West 544.5 feet; South 14 degrees East 1188 feet; South 05 degrees 30 minutes East 561 feet; South 66 degrees 30 minutes East 208 feet; South 73 degrees East 472.5 feet; South 40 degrees 30 minutes East 264 feet; South 04 degrees East 668 feet; South 05 degrees 15 minutes West 660 feet; South 16 degrees 30 minutes East 792 feet; South 05 degrees East 726 feet; thence crossing the Old Mt. Mitchell Toll Road South 61 degrees 30 minutes East 726 feet; South 83 degrees East 485 feet; South 70 degrees East 181.5 feet; South 87 degrees East 386 feet; South 32 degrees East 584 feet to a stone pile and chestnut oak marking the southeastern corner of the aforesaid Mountain Retreat Association properties; thence with the southern boundary of the aforesaid Mountain Retreat Association properties North 85 degrees 10 minutes West 6012 feet thrice crossing the Old Mt. Mitchell Toll Road to a stone pile marking the northwest corner of the property conveyed by J. D. Murphy to A. G. Miller and W. H. Belk on November 11, 1908 by deed recorded in Book 157, page 502 (now the property of the Southern Baptist Assembly); thence North 87 degrees 30 minutes West again crossing the aforesaid Old Toll Road 3400 feet to a stone pile; thence South 86 degrees 32 minutes West 1611 feet to a concrete and stone marker; thence North 55 degrees 30 minutes West 244.15 feet to the Beginning.

Sec. 3. Governing Body. The governing body of the Town of Montreat shall consist of a Board of three commissioners, one of whom shall be designated as Mayor by said Board. All of the powers of the Town of Montreat shall be vested in the Board of Commissioners. C. Grier Davis, Ivan B. Stafford and E. A. Andrews, Jr., are hereby appointed commissioners; C. Grier Davis to serve as Mayor, to serve until their successors are duly elected and qualified pursuant to Section 4 of this Act.

Sec. 4. Town Elections. (a) A regular municipal election for the purpose of electing the three members of the Board of Commissioners for the Town of Montreat shall be held on Tuesday after the first Monday in May, 1969, and quadrennially thereafter. All municipal elections shall be conducted in accordance with and pursuant to Article 3 of Chapter 160 of the General Statutes of North Carolina, except as provided in subsection (b) of this Section.

(b)       Any qualified elector who would offer himself as a candidate for commissioner in any election shall file with the town clerk a written statement giving notice of his candidacy, which said notice must bear the signatures of not less than 15 qualified voters endorsing his candidacy. Such notice shall be filed not earlier than the first day of March preceding the election and not later than the fifteenth day of April preceding the election, shall be accompanied by a filing fee of five dollars ($5.00), and shall be substantially in the following form:

"I, ________________, do hereby give notice that I am a candidate for election to the office of Commissioner to be voted on at the election to be held on ______________, and I hereby request that my name be placed on the official ballot for such office. I certify that I am a resident and qualified voter of the Town of Montreat, residing at ______________________________.

                                                                        ____________________________________

                                                                                                       (Signature)

                                                                        ____________________________________

                                                                                                           (Date)

 

Witness: ________________________________

We, the undersigned registered voters in the Town of Montreat, do hereby endorse the foregoing candidacy of _________________________________________.

(15 names required).

_____________________       _____________________       ___________________

_____________________       _____________________       ___________________

_____________________       _____________________       ___________________

_____________________       _____________________       ___________________

_____________________       _____________________       ___________________ ".

Sec. 5. Sale of Intoxicating Beverages. (a) It shall be unlawful for any person, firm or corporation to engage in the sale of beer, wine or any other beverage containing alcohol within the corporate limits of the Town of Montreat in Buncombe County.

(b)       Every person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction, shall be fined or imprisoned within the discretion of the court.

Sec. 6. Amendment of Acts. Chapter 196 of the Public Laws of 1897; c. 599 of the Public Laws of 1901; c. 431, Private Laws, 1907; cc. 143 and 425 of the Private Laws of 1913, Regular Session; c. 107 of the Private Laws of 1917; and c. 169 of the Private Laws of 1921, Regular Session, are each and all hereby amended by inserting in each, respectively, immediately after the enacting clause, a new Section to be designated as Section Al and to read as follows:

"Section A1. All of the rights and powers of a municipal and governmental nature herein delegated to the Mountain Retreat Association or to any body, board, or official thereof may henceforth be exercised by the Town of Montreat and its governing body and shall not henceforth be exercised either in whole or in part, by the Mountain Retreat Association or any body, board, or official thereof."

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

Sec. 8. This Act shall be effective upon its ratification.

In the General Assembly read three times and ratified, this the 20th day of June, 1967.