NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 1059

HOUSE BILL 1092

 

 

AN ACT TO AMEND THE CHARTER OF THE TOWN OF BESSEMER CITY SUBJECT TO AN ELECTION.

 

The General Assembly of North Carolina do enact:

 

Section 1. (a) The Board of Town Commissioners of the Town of Bessemer City shall conduct a special election at the same time as the regular municipal election in June, 1965 for the purpose of submitting to the qualified voters of the town the question as to whether or not the charter of the town shall be amended as provided in this Act.

(b)       The special election shall be conducted in accordance with the provisions of law now applicable to regular municipal elections in the town, and no new or special registration of voters shall be necessary.

(c)       In the special election, those voters who favor the amendment of the town charter as provided in this Act shall vote a ballot upon which shall be printed or written the words "FOR Ward Residence Requirement", and those voters who are opposed to the amendment of the town charter as provided in this Act shall vote a ballot upon which shall be printed or written the words "AGAINST Ward Residence Requirement". The question shall not be submitted on the same ballots as are the candidates for any office but separate ballots shall be provided.

Sec. 2. If a majority of the votes cast in such special election shall be "FOR Ward Residence Requirement", then Sections 4 through 6 of this Act shall be effective as of July 1, 1965 and the first municipal election of town commissioners under the provisions of this Act shall be in June, 1967.

Sec. 3. If a majority of the votes cast in such special election shall be "AGAINST Ward Residence Requirement", then Sections 4 through 6 of this Act shall have no force and effect.

Sec. 4. Section 6 of Chapter 30, Private Laws of 1913 as amended by Chapter 315, Public-Local Laws of 1939, is hereby rewritten to read as follows:

(a)       The qualified voters of the town, voting at large, shall elect one commissioner from each of the six wards. Each voter in the town shall be entitled to vote for one candidate from each ward, and the candidate from each ward who receives the largest number of votes cast for commissioner from his ward shall be declared elected. Regular elections shall be held on the last Monday in June of each odd-numbered year.

(b)       The town is hereby divided into six wards, being described as follows:

Ward 1: Beginning at the intersection of Virginia Avenue and 12th Street and running westerly along said Avenue to Skyland Avenue; thence continuing westerly a straight line to where the northerly line of the city limits is intersected by Highway No. 1403 commonly known as the Ramseur Road; thence easterly along the northerly city limits line to Highway No. 1448; thence southerly along said highway and 12th Street to the beginning.

Ward 2: Beginning at the intersection of Mickley Avenue and the southerly line of the city limits and running westerly along said city limits line to the southwesterly corner of the city limits line; thence northerly along the city limits line to the northwesterly corner of the city limits line; thence easterly along the city limits line to where it is intersected by Highway No. 1403; thence easterly a straight line to the westerly end of Virginia Avenue in the Mountain Road; thence southerly along the Mountain Road to Mickley Avenue; thence southerly along Mickley Avenue to the beginning.

Ward 3: Beginning at the intersection of Virginia Avenue and 12th Street and running southerly along 12th Street to the southerly city limits line; thence westerly along the city limits line to Mickley Avenue; thence northerly along Mickley Avenue to the Mountain Road; thence northerly along the Mountain Road to the westerly end of Virginia Avenue; thence easterly along Virginia Avenue to the beginning.

Ward 4: Beginning at the intersection of Virginia Avenue and 12th Street and running easterly along Virginia Avenue to 8th Street; thence southerly along 8th Street to the southerly city limits line; thence westerly along the city limits line to 12th Street; thence northerly along 12th Street to the beginning.

Ward 5: Beginning where the southerly city limits line is intersected by 8th Street and running northerly along 8th Street to the northerly end of the street and continuing northerly a straight line to the northerly city limits line; thence easterly along the city limits line to the northeasterly corner of the city limits line; thence along the easterly city limits line to the southeasterly corner of the city limits line; thence westerly along the southerly city limits line to the beginning.

Ward 6: Beginning at the intersection of 8th Street and Virginia Avenue and running westerly along Virginia Avenue to 12th Street; thence northerly along 12th Street and Highway No. 1448 to the northerly city limits line; thence along the old and the new city limits line to a point in the city limits line northeasterly from the northerly end of 8th Street; thence a straight line along 8th Street in a southerly direction to the beginning.

(c)       G. S. 160-31, insofar as it requires a separate polling place in each ward, shall not apply to the Town of Bessemer City. The Board of Town Commissioners may establish one or more polling places in its discretion and may alter or abolish polling places in its discretion. The board shall, however, provide a separate registration book for each ward and a separate ballot box for each ward and an extra ballot box for spoiled ballots.

(d)       Any qualified elector of the town who has been a resident of the ward, from which he or she is elected, for at least four months prior to election shall be eligible to serve as town commissioner. If a vacancy occurs on the board by reason of the death of a member, or if a member moves from the ward from which he has been elected, the vacancy shall be filled by the remaining members of the board who shall elect some qualified person of the ward in which the vacancy occurred.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. This Act shall be effective upon its ratification subject to the provisions of Sections 1 through 3 hereof.

In the General Assembly read three times and ratified, this the 14th day of June, 1965.