NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 638

SENATE BILL 487

 

 

AN ACT TO PROVIDE AN ELECTION OR REFERENDUM FOR A CERTAIN AREA IN ROBESON COUNTY ON THE QUESTION Of WHETHER OR NOT IT SHALL BE ANNEXED TO THE LUMBERTON CITY ADMINISTRATIVE UNIT AND BE SUBJECT TO THE SCHOOL TAXES LEVIED IN THE LUMBERTON CITY ADMINISTRATIVE UNIT IF SO ANNEXED.

 

The General Assembly of North Carolina do enact:

 

Section 1. The area or territory whose residents shall be the subject of the election or referendum hereinafter provided as to whether or not the said area shall be annexed to the territory of the Lumberton City Administrative Unit is hereby designated as "C" Addition and is hereby described as follows:

"Beginning at an iron stake in the western right of way line of U. S. Interstate Highway No. 95; said iron stake being the southeast corner of a proposed subdivision of Lakewood Estates, owned by Louten R. Britt, Hector MacLean, and M. C. Gibson. Thence North 88 degrees 47 minutes West 1331.8 feet along the southern property line of said subdivision to an iron stake; thence North 20 degrees 13 minutes West 385.6 feet to an iron stake in the southern right of way line of a 60-foot proposed street; thence South 85 degrees 16 minutes West 1180 feet more or less to a point in the western right of way line of U. S. Highway No. 301; thence North 28 degrees 25 minutes West 290 feet more or less to the southeast corner of Lakewood Park Subdivision; thence South 71 degrees West 1403 feet more or less to the southwest corner of Lakewood Park Subdivision (Section I); thence continuing South 71 degrees West to the point of intersection of the run of Saddletree Swamp; thence with the run of Saddletree Swamp in a northerly direction to a point of intersection with the northern right of way line of the northernmost street in Lakewood Park, Section I, Extended; thence North 74 degrees 33 minutes East to a point in the eastern right of way line of U. S. Highway No. 301. Thence in a northernly direction with the eastern right of way line of U. S. Highway No. 301 to the northwest corner of the proposed subdivision of Lakewood Estates; thence South 76 degrees 35 minutes 4392.2 feet to a point in the western right of way of U. S. Interstate Highway No. 95; thence the following courses and distances along the western right of way of U. S. Interstate Highway No. 95 to the point of beginning; South 17 degrees 54 minutes West 1000.7 feet; South 17 degrees 58 minutes West 1161.6 feet; South 17 degrees 56 minutes West 1337.3 feet."

Sec. 2. Upon presentation to the Robeson County Board of Education of a petition signed by twenty-five per cent (25%) of the qualified voters who reside in the area designated in this Act as "C" Addition, it shall be the duty of the Robeson County Board of Education to consider said petition and to decide whether or not the said Robeson County Board of Education shall petition the Board of County Commissioners of Robeson County for an election on the question of whether or not the area designated as "C" Addition shall be annexed to the Lumberton City Administrative Unit and become a part of same and its public school system. If the Robeson County Board of Education decides to petition the Board of County Commissioners of Robeson County for an election or referendum to be held in the above designated area, then the Board of County Commissioners of Robeson County shall conduct and hold an election or referendum in the above designated area for the purpose of determining if said area shall be annexed to the Lumberton City Administrative Unit. The said election shall be held according to the rules and regulations set forth in Article 14 of Chapter 115 of the General Statutes and particularly according to the rules governing elections set forth in G. S. 115-122. There shall be a separate election or referendum in the above described area to the end that it may be determined whether or not the area desires annexation. The ballot to be used in said election in the above described area shall have written or printed thereon the words: "FOR annexation of 'C' Addition to the Lumberton City Administrative Unit and for school tax at the same rate as to the supplemental taxes levied by the Lumberton City Administrative Unit and as to the tax for the retirement of the capital improvement program of the Lumberton City Administrative Unit passed in June, 1963." Likewise, there shall be also printed on the same ballot the following: "AGAINST annexation of 'C' Addition to the Lumberton City Administrative Unit and for school tax at the same rate as to the supplemental taxes levied by the Lumberton City Administrative Unit and as to the tax for the retirement of the capital improvement program of the Lumberton City Administrative Unit passed in June, 1963."

The Board of County Commissioners of Robeson County shall have the power and authority to call upon the Robeson County Board of Elections to hold or conduct such election or referendum if the said Board of County Commissioners desires to do so, and the expense of such election or referendum shall be paid by the Board of County Commissioners of Robeson County. If a majority of the qualified voters voting in the area above described shall vote in favor of the annexation and tax equalization in said area, then the said area shall be annexed to the Lumberton City Administrative Unit, and the residents of said area so annexed shall become a part of the Lumberton City Administrative Unit as to its public schools and shall pay the school taxes assessed and heretofore existing in the Lumberton City Administrative Unit, together with such other taxes as may from time to time be lawfully imposed for the use and benefit of the Lumberton City Administrative Unit. If a majority of qualified voters voting in said election in said area shall vote against annexation and equalization of taxes, then the status of said area so voting in the negative shall be the same as the status prior to the election.

Sec. 3. If the Board of Education of Robeson County shall refuse to petition the Board of County Commissioners of Robeson County for an election or referendum as set forth above, then in such case the Board of County Commissioners of Robeson County shall call an election or referendum for the purpose of presenting to the area above described the question of annexation and the assumption of a school tax at the same rate as that of the Lumberton City Administrative Unit by the residents in said area above described. The said election or referendum may be held by the County Board of Elections of Robeson County if the Commissioners request said Board to so do, and the Board of County Commissioners of Robeson County shall pay the expense of said election or referendum. The said election or referendum shall be held according to the rules and regulations set forth in Article 14 of Chapter 115 of the General Statutes, and particularly the rules governing elections set forth in G. S. 115-122. In case the said area votes for annexation to the Lumberton City Administrative Unit, the taxes referred to in this Act which are to be equalized are the supplemental taxes levied by the Lumberton City Administrative Unit as adopted in 1956, and the tax passed by the voters of the City of Lumberton for the retirement of the capital improvement program, the same having been passed on the 16th day of April, 1963, and such other taxes as may from time to time be lawfully imposed for the use and benefit of the Lumberton City Administrative Unit.

Sec. 4. If the results of said election or referendum shall be in favor of annexation in the case of the area above described, then the school taxes referred to in this Act as to the residents of the area so annexed shall be levied and collected in the same manner as the taxes for the public schools of the Lumberton City Administrative Unit as administered by the Lumberton City Board of Education.

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

Sec. 6. 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 31st day of May, 1967.