NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 149

HOUSE BILL 452

 

AN ACT ENLARGING THE CORPORATE LIMITS OF THE TOWN OF SPINDALE IN RUTHERFORD COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Section 2 of the Charter of the Town of Spindale, as enacted by Chapter 129 of the Private Laws of 1935 and subsequently amended, is rewritten to read as follows:

"Sec. 2. Corporate limits. – The corporate boundary lines and the territory embraced and included within the corporate limits of the Town of Spindale shall be as follows:

BEGINNING on a concrete marker being located at the point where the right of way of the Southern Railroad intersects the Western City Limits line of the present Town of Spindale City Limits; runs thence with the Eastern edge of the right of way of Southern Railroad in a Northerly direction 4100 feet to the point in the center of Sparks Street; runs thence with the center of Sparks Street South 85 East 32 feet, North 5 West 200 feet, North 9 West 50 feet, North 12 East 25 feet, North 34 East 25 feet, North 53 East 25 feet, North 66 East 25 feet, North 75 East 25 feet, North 83 East 50 feet and North 87 East 25 feet; thence continuing with the center of said street, North 87 East 1200 feet and due East 120 feet to a concrete marker at a fence; runs thence with the fence, South 74 East 1160 feet to a point in the center of Reynolds Creek; runs thence with the center of Reynold's Creek in a Northeasterly direction 5920 feet to a point in the center of the Whiteside Road; runs thence with the center of the Whiteside Road, in a Easterly direction 496 feet to a point in the center of the bridge on the Whiteside Road crossing Holland's Creek; runs thence with Holland's Creek in a Southeasterly direction 2985 feet to a point in the center of the bridge over Holland's Creek on the Old Ball Park Road, also known as State Road Number 1547; thence continuing with Holland's Creek in a Easterly direction 4197 feet to a point in the center of Holland's Creek, said point being located at a point where said Holland's Creek is intersected by the center of the Duke Power High Transmission Line; runs thence with the center of said Transmission Line South 12 East 1200 feet to a steel tower on said power line the same lying just South of the road which leads from the Ledbetter Mill Road to the Spindale Disposal Plant; thence continuing with the Duke Power right of way, South 25 East 2450 feet to an iron pin in the center of an unnumbered State Road the same being the road which leads from Ledbetter Mill Road to the Bristol-Martin Subdivision; thence with the center of said road, South 59 West 760 feet to a point in the said road, same being evidenced by an iron pin offset in the South side of said road, same being the corner of the Martin-Bristol property; runs thence South 12 1/2 East 4600 feet to an iron pin at the old white oak corner of the J.C. Cowan property; runs thence with the wire fence South 4 West 1350 feet to a point in the center of U.S. Highway Number 74 the same being located at the point where the center of Highway Number 74 is intersected by the road which leads from the Rutherford County Board of Education and the North Carolina Armory; runs thence with the center of said road, South 4 West 590 feet to a point in the center of said road; runs thence from said point North 85 West with the line of the Rutherford County Fair Ground Property and the property of the Callahan-Koone Manufacturing Company and with the line of the Duke Power Company Transmission Line 1270 feet to a point in the center of the road which leads from U.S. Highway Number 74 past the Callahan-Koone Manufacturing Company Office in a Southerly direction 55 feet to a point where said road intersects the Withrow Road; runs thence from the center of said Withrow Road South 9 West 1850 feet to a point lying 150 feet South of the new U.S. Highway 74 By-pass around Spindale and Forest City; runs thence North 75 1/2 West 2415 feet to a point in the right of way of said highway at the point where said right of way intersects the center of Oakland Road; thence continuing 150 feet to the center of said highway in a Westerly direction 5682 feet to a point lying 150 feet South of the intersection of the Oak Street Extention and U.S. Highway 74; runs thence in a Westerly direction and 150 feet from the center of Oak Street Extention also known as State Road Number 2201, 2036 feet to the point where said line intersects Stonecutter Creek; thence with the center of Stonecutter Creek as it meanders under said road and in a Northwesterly direction 330 feet to a point; runs thence in a Southwesterly direction with center of said creek 494 feet to the point where said creek intersects the branch which leads from the Town of Spindale to the West of the Ellington Heights Subdivision; runs thence with the said branch in a Northerly direction 4512 feet to a point lying 150 feet Southwest of the center of the Spindale By-pass; runs thence 150 feet from center of said By-pass in a Northerly direction 2400 feet to a concrete monument in the City Limits of the Town of Rutherfordton; thence with the City Limits of the Town of Rutherfordton, South 72 East 250 feet to a concrete monument; runs thence with the Rutherfordton City Limits North 45 East 1150 feet to the point and place of BEGINNING."

Sec. 2.  A special election shall be held in the area described in Section 1 of this act concurrently with the 1971 regular municipal election for the Town of Spindale.  The form of the ballot shall be as follows:

[ ]      FOR enlarging the corporate limits of the Town of Spindale.

[ ]      AGAINST enlarging the corporate limits of the Town of Spindale.

Each qualified voter residing within the area described in Section 1 of this act shall be qualified to vote in this special election. The election shall be conducted by the Board of Commissioners of the Town of Spindale under the same laws and regulations applicable to regular municipal elections in the Town. For the purposes of the special election, all that territory described in Section 1 of this act that is not now included within the corporate limits of the Town of Spindale is hereby erected into a separate precinct. The Board of Commissioners shall appoint a registrar and two judges of election for this precinct, and shall establish a polling place therein. During the registration period for the 1971 regular municipal election, the Board shall hold a special registration in this precinct. The special election shall be conducted in the existing precincts of the Town of Spindale and the new precinct created by this act. If a majority of those participating in the special election shall vote for enlarging the corporate limits of the Town of Spindale, Section 1 of this act shall take effect on January 1, 1972. If a majority of those participating in the special election shall vote against enlarging the corporate limits of the Town of Spindale, Section 1 of this act shall be void and of no effect.

Sec. 3.  This act shall take effect upon its ratification.

In the General Assembly read three times and ratified, this the 1st day of April, 1971.