NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 329
SENATE BILL 434

AN ACT RELATING TO THE EXTRATERRITORIAL POWERS OF THE TOWNS OF SMITHFIELD AND SELMA.

The General Assembly of North Carolina enacts:

Section 1.  In addition to the extraterritorial powers regarding planning and regulation of development granted to the Town of Smithfield by G.S. 160A-360, the Board of Commissioners of the Town of Smithfield may also exercise such powers in that area lying more than one mile beyond the town corporate limits and between the corporate limits and the boundary line described in Section 3 of this act.  The Board of Commissioners of the Town of Smithfield may also acquire, construct, establish, enlarge, improve, maintain, own and operate any public enterprise, as defined by G.S. 160A-311, in that area lying more than one mile beyond the town corporate limits and between the corporate limits and the boundary line described in Section 3 of this act.
Sec. 2. In addition to the extraterritorial powers regarding planning and regulation of development granted to the Town of Selma by G.S. 160A-360, the Town Council of the Town of Selma may also exercise such powers in that area lying more than one mile beyond the town corporate limits and between the corporate limits and the boundary line described in Section 3 of this act. The Town Council of the Town of Selma may also acquire, construct, establish, enlarge, improve, maintain, own and operate any public enterprise, as defined by G.S. 160A-311, in that area lying more than one mile beyond the town corporate limits and between the corporate limits and the boundary line described in Section 3 of this act.
Sec. 3. The powers granted to the Town of Smithfield and to the Town of Selma, respectively, by G.S. 160A-360, G.S. 160A-312 and this act, shall terminate at the following boundary line:
Beginning at a monument in the eastern right of way of Interstate Highway No. 95, said monument being the southeast corner of a tract of land now owned by Sylvania Electric Products, Inc.; thence the line runs as Sylvania's eastern property line North 26 deg 36 min 30 sec West 2,069.67 feet to a concrete monument in the line of the Ken Hinton-Leo Daughtry Property; thence as the Hinton-Daughtry line South 86 deg 47 min East 269.63 feet to a stake, a corner of the Hinton-Daughtry tract; thence continuing as the Hinton-Daughtry line North 02 deg 59 min East 519.40 feet to a point in the northern right of way of Seaboard Coast Line Railroad; thence as said right of way South 59 deg 12 min West 53.0 feet to a stake, Ronald Coe, Jr., corner; thence as the Coe line North 08 deg 31 min West 700.0 feet to a point in U.S. Highway No. 301; thence crossing said highway North 56 deg 21 min West 80.0 feet to a stake, a corner of the Hinton-Daughtry tract; thence as the Hinton-Daughtry line North 27 deg 48 min West 306.3 feet to a stake; thence North 62 deg 12 min East 303.0 feet to a stake; thence North 00 deg 13 min West 498.9 feet to a stake, a corner of the Hinton-Daughtry tract; thence as a new line North 35 deg 00 min West 3,275.00 feet to a point in the line between two tracts of land owned by Rudolph Howell, said point being located where the path leading from U.S. Highway No. 301 and running beside the County Drive-Inn Theatre intersects the aforementioned property line; thence as the Howell line North 57 deg 00 min East 700.0 feet to a point in the center line of U.S. Highway No. 70-A; thence as the center line of U.S. Highway No. 70-A approximately 1.55 miles to a point where the center line of N.C.S.R. 1929 intersects the center line of U.S. Highway No. 70-A.
Sec. 4. Within the extraterritorial area of the Town of Smithfield and the Town of Selma, as defined by this act, each municipality shall have the sole responsibility for providing public enterprisory services, as defined by G.S. 160A-311, and neither municipality shall extend its public enterprisory services into the extraterritorial area of the other municipality without the written consent of the governing board of the other municipality.
Sec. 5. Neither the Town of Smithfield nor the Town of Selma shall extend its corporate limits into the extraterritorial area of the other, as established by this act, without the written consent of the governing board of the other municipality.
Sec. 6. The agreement entered into between the Town of Selma and the Town of Smithfield, dated November 8, 1977, by which the towns agreed to observe the boundary line set forth herein for purposes of extraterritorial zoning, subdivision control and utility extension, is ratified, confirmed and validated in all respects.
Sec. 7. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 10th day of April, 1979.