GENERAL ASSEMBLY OF NORTH CAROLINA

1997 SESSION

 

 

S.L. 1997-182

SENATE BILL 447

 

 

AN ACT TO ESTABLISH THE LUMBERTON ECONOMIC DEVELOPMENT AND TOURIST DISTRICT AND TO AUTHORIZE THE ISSUANCE OF CERTAIN ABC PERMITS IN THIS TYPE OF DISTRICT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  District Created. - The Lumberton Economic Development and Tourist District is created.  The District consists of the area described in Section 2 of this act.  The District is a body politic and corporate and a political subdivision of the State.  The District is subject to the Local Government Budget and Fiscal Control Act, Article 3 of Chapter 159 of the General Statutes.

The Lumberton City Council shall serve, ex officio, as the governing body of the District, and the officers of the City Council shall likewise serve as the officers of the governing body of the District.  The governing body of the District shall promote economic development and tourism in the District and do all acts reasonably necessary to fulfill this purpose.

A simple majority of the governing body of the District constitutes a quorum.  Approval by a majority of a quorum is sufficient to determine any matter before the governing body of the District.

Section 2.  Description of District. - The Lumberton Economic Development and Tourist District consists of the following area:

BEGINNING at a point where the western right-of-way line of Interstate 95 intersects Lumber River and runs thence from said beginning point in a western direction with Lumber River to the run of Saddletree Swamp; thence in a northern direction with the run of Saddletree Swamp to the southern right-of-way line of North Carolina Highway 211 (also known as Roberts Avenue); thence with southern right-of-way line of North Carolina Highway 211 in an eastern direction to a point where the southern right-of-way line of said highway intersects the run of Five Mile Branch; thence in a northern direction with the run of Five Mile Branch to a point in the run of said branch being located 500 feet west of (perpendicular distance) the western right-of-way line of Interstate 95; thence leaving said Five Mile Branch in a northern direction with a line being 500 feet west of and parallel to the western right-of-way line of Interstate 95 to a point in the eastern property line of Mayfair Subdivision; thence in a general northern direction with the various eastern property lines of Mayfair Subdivision to the eastern property line of Mayfair North Subdivision; thence in a general northern direction with the various eastern property lines of Mayfair North Subdivision and beyond to a point in a ditch just south of the AA building; thence in a western direction with said ditch to the run of Saddletree Swamp; thence with the run of Saddletree Swamp in a northern direction approximately 1900 feet to a point; thence leaving said swamp in an eastern direction to and with the southern line of property owned by Lumberton Motors (Deed Book 920, Page 557) to a point in said southern line being 500 feet (perpendicular distance) west of the western right-of-way line of Interstate 95; thence in a northern direction 500 feet west of and parallel to the western right-of-way line of Interstate 95 to a point 500 feet south of and perpendicular to U.S. Highway 301 (also known as Fayetteville Road); thence in a northwestern direction 500 feet south of and parallel to U.S. Highway 301 to a point where this line intersects the northwestern line of Lawrence H. Oliver's property (Deed Book 628, Pages 673 and 674) if it were extended; thence in a northeastern direction to, with, and beyond Lawrence H. Oliver's northwestern property line to a point in the northeastern right-of-way line of U.S. Highway 301; thence with the northeastern right-of-way line of U.S. Highway 301 in a southeastern direction to the most southern corner of Robeson Community College property; thence with the southeastern property line of Robeson Community College property to the western right-of-way line of Interstate 95; thence crossing Interstate 95 to a point in the eastern right-of-way line of said Interstate 95, said point being Thomas Carr Gibson's southwest corner (Deed Book 775, Page 665); thence with and beyond Gibson's southern line (Deed Book 775, Page 665, Deed Book 490, Pages 84 and 85, and Deed Book 485, Page 335) to a point in the center line of Secondary Road 1005 (also known as Barker Ten Mile Road); thence with the center line of Secondary Road 1005 in a southern direction to a point at the intersection of the center line of said Secondary Road 1005 with the northeastern right-of-way line of U.S. Highway 301 (also known as Secondary Road 1997 and Fayetteville Road); thence with the eastern right-of-way line of U.S. Highway 301, in a southeastern direction to a point in the run of Five Mile Branch; thence in a northeastern direction with the run of Five Mile Branch approximately 352.63 feet to a point in the run of said branch; thence leaving said branch 300 feet east of and parallel to U.S. Highway 301 approximately 488.4 feet to a point in the northern right-of-way line of a private drive (54 feet in width); thence with the northern right-of-way line of said private drive in a western direction to a point in the western right-of-way line of said U.S. Highway 301; thence with said western right-of-way line to a point 300 feet (perpendicular distance) south of the southern right-of-way line of Liberty Hill Road; thence in a western direction 300 feet south of and parallel to the southern right-of-way line of Liberty Hill Road to a point in the eastern right-of-way line of Independence Drive; thence with the eastern right-of-way line of Independence Drive in a northern direction to a point in the southern right-of-way line of Liberty Hill Road; thence with the southern right-of-way line of Liberty Hill Road in a western direction crossing Independence Drive to the northwestern property corner of property owned by the Church of Jesus Christ of Latter Day Saints; thence in a southern direction with the western property line of said church property to a point 300 feet (perpendicular distance) south of Liberty Hill Road; thence in a western direction 300 feet south of and parallel to the southern right-of-way line of Liberty Hill Road to a point 500 feet east of (perpendicular distance) the eastern right-of-way of Interstate 95; thence in a southern direction 500 feet east of and parallel to the eastern right-of-way line of Interstate 95 to a point 500 feet north (perpendicular distance) of North Carolina Highway 211 (also known as Roberts Avenue); thence in a southeastern direction 500 feet north of and parallel to North Carolina Highway 211 to a point where if extended the western right-of-way line of McMillian Avenue would intersect this line; thence in a southern direction to and with the western right-of-way line of McMillian Avenue to a point being 135 feet south (perpendicular distance) of North Carolina Highway 211; thence in a western direction 135 feet southeast of and parallel to North Carolina Highway 211, crossing Rowland Avenue to a point in the western right-of-way line of Rowland Avenue; thence in a southern direction with the western right-of-way line of Rowland Avenue to a point in the northern right-of-way line of a now abandoned V & C S Railroad right-of-way; thence with said railroad right-of-way line in a southwestern and then southern direction to a point on the northern line of Jennings Cotton Mills Subdivision (Map Book 7, Page 48) approximately 80 feet north of West Twenty-fourth Street; thence in a western direction, with the northern line of said Jennings Cotton Mills Subdivision line to a point approximately 218.39 feet east of Interstate 95; thence in a southern direction approximately 79.72 feet to a point in the northern right-of-way line of West Twenty-fourth Street at its intersection with Delmar Street; thence in a western direction with the northern right-of-way line of Twenty-fourth Street to a point 200 feet east (perpendicular distance) of the eastern right-of-way line of Interstate 95; thence in a southern direction 200 feet east of and parallel to Interstate 95 to a point in the center line of Carthage Road; thence in a western direction with the center line of Carthage Road to the intersection of the center line of said Carthage Road with the western right-of-way line of Interstate 95; and thence in a southern direction to and with the western right-of-way line of Interstate 95 to the point of beginning.

Section 3.  G.S. 18B-1006 is amended by adding a new subsection to read:

"(l)       Economic Development and Tourist District. - Notwithstanding the provisions of Article 6 of this Chapter, the Commission may issue permits for the sale of mixed beverages to qualified businesses in an economic development and tourist district.  An 'economic development and tourist district' is a district that is a political subdivision of the State, is within the corporate limits of a city, was established by an act of the General Assembly enacted before July 1, 1997 which specifically designates it in the act as an 'economic development and tourist district', and was established for the purpose of promoting economic development and tourism in the district.  The mixed beverages purchase-transportation permit authorized by G.S. 18B-404(b) shall be issued by a local board operating a store located in the city in which the district is located.  The governing body of a district that is eligible for mixed beverages permits under this subsection must file with the Commission a certified copy of a map setting out the boundaries of the district."

Section 4.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 4th day of June, 1997.

s/   Dennis A. Wicker

President of the Senate

 

s/   Harold J. Brubaker

Speaker of the House of Representatives

 

s/   James B. Hunt, Jr.

Governor

 

Approved this 13th day of June, 1997