NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 1071

SENATE BILL 364

AN ACT TO AMEND CHAPTER 708 OF THE 1959 SESSION LAWS OF NORTH CAROLINA RELATING TO THE CHARTER OF THE GASTONIA CITY ADMINISTRATIVE SCHOOL UNIT.

The General Assembly of North Carolina do enact:

Section 1. That Section 3 of Chapter 708 of the 1959 Session Laws of North Carolina, be and the same is hereby rewritten to read as follows:

"Section 3. That the Gastonia City Board of Education shall be composed of members who reside in each of the seven geographical subdivisions of the Gastonia City Administrative Unit as follows:

A. That portion of the Gastonia City Administrative Unit which begins 200 feet East of the center of the intersection of North Modena Street and Davidson Avenue and running thence in a westerly direction along the center of Davidson Avenue to the center of a bridge over Kaylor Branch; thence with the center of said branch as it meanders in a northeasterly direction to Big Long Creek; thence with the center of Big Long Creek in an easterly direction as it meanders to the center of Lower Dallas Road; thence with the center of Lower Dallas Road in a southerly direction to a point 200 feet South of North Modena Street; thence in a line parallel with and 200 feet East and South of North Modena Street in a westerly and southerly direction to the point of beginning, shall be known as Subdivision No. 1.

B. That portion of the Gastonia City Administrative Unit which begins at the center of the intersection of Cox Road and Wilkinson Boulevard and running thence in a westerly direction along the center of Wilkinson Boulevard to its intersection with Cumberland Avenue; thence in a westerly direction along the center of Cumberland Avenue and Second Avenue to the center of the intersection of West Second Avenue and South York Street; thence in a northerly direction along the center of York Street to the center of its intersection with Davidson Avenue; thence with the center of Davidson Avenue in an easterly direction to a point 200 feet East of the center of its intersection with North Modena Street; thence in a line 200 feet East of and parallel with North Modena Street in a northerly direction to the center of Interstate Highway No. 85; thence with the center of Interstate Highway No. 85 in an easterly direction to the center of Cox Road; thence with the center of Cox Road in a southerly direction to the point of beginning, shall be known as Subdivision No. 2.

C. That portion of the Gastonia City Administrative Unit which begins at the center of the intersection of East Franklin Avenue and Blackwood Branch and running thence in a northerly direction to a point 200 feet West of its intersection with Craven Street; thence in a northeasterly direction a line 200 feet West of and parallel with Craven Street to a point in the center of Brown Street, 200 feet West of its intersection with Craven Street; thence with the center of Brown Street and beyond in an easterly direction to the northeast edge of the Southern Railway Company right of way; thence with the northeast edge of said right of way in a southeasterly direction to a point North of Ivy Street which point would be 200 feet North of the center of Essex Avenue if extended in a southwesterly direction in a straight line from its present western terminus to the northeast edge of the Southern Railway Company right of way; thence in a northeasterly direction a line 200 feet North of and parallel with the center of Essex Avenue if extended as aforesaid to a point 200 feet North of the center of its intersection with North Myrtle Street; thence a line parallel with and 200 feet North of Essex Avenue in a northeasterly direction to a point 200 feet West of its intersection with Glenn Street; thence a line parallel with and 200 feet West of Glenn Street in a northerly direction to a point in the center of West Davidson Avenue, 200 feet West of its intersection with Glenn Street; thence in an easterly direction with the center of West Davidson Avenue to the center of its intersection with North York Street; thence with the center of North York Street in a southerly direction to the center of its intersection with West Second Avenue; thence with the center of West Second Avenue in a westerly direction to the center of its intersection with Linwood Road; thence with the center of Linwood Road in a northerly direction to the center of its intersection with West Franklin Avenue; thence with the center of West Franklin Avenue in a westerly direction to the point of beginning, shall be known as Subdivision No. 3.

D. That portion of the Gastonia City Administrative Unit which begins in the center of West Franklin Avenue where it crosses Blackwood Branch at a point West of its intersection with South Dixie Street and running thence in a southerly direction with said branch to a point 200 feet South of Garland Avenue; thence a line parallel with and 200 feet South of Garland Avenue and beyond to a point in the center of Styers Branch, East of Echo Lane; thence with the center of Styers Branch in a northeasterly direction as it meanders to a point 200 feet South of its intersection with South Miller Street; thence a line parallel with and 200 feet South of South Miller Street to a point 200 feet East of its intersection with West Tenth Avenue; thence a line parallel with and 200 feet South of West Tenth Avenue in an easterly direction to a point 200 feet East of its intersection with South Dalton Street; thence a line 200 feet East of South Dalton Street and parallel with it in a northerly direction to a point 200 feet South and East of the intersection of Ashton Avenue and South Dalton Street; thence a line parallel with and 200 feet South of Ashton Avenue if extended from its present eastern terminus in an easterly direction in a straight line to the center of its intersection with Catawba Creek; thence in a northwesterly direction along the center of Catawba Creek as it meanders to the center of its intersection with Athenian Drive; thence along the center of Athenian Drive to the center of its intersection with South Trenton Street; thence with the center of South Trenton Street in a northerly direction to the center of West Second Avenue; thence with the center of West Second Avenue in a westerly direction to the center of its intersection with Linwood Road; thence in a northerly direction along the center of Linwood Road to the center of its intersection with West Franklin Avenue; thence in a westerly direction with the center of West Franklin Avenue to the point of beginning, shall be known as Subdivision No. 4.

E. That portion of the Gastonia City Administrative Unit which begins at the center of the intersection of West Second Avenue and South Trenton Street and running thence in a southerly direction along the center line of South Trenton Street to the center of its intersection with Athenian Drive; thence with the center of Athenian Drive in a southwesterly direction to the center of its intersection with Catawba Creek; thence with the center of Catawba Creek as it meanders in a southeasterly direction to the center of the intersection of said creek and the right of way of Carolina & Northwestern Railway Company; thence with the center of said railroad right of way in a northeasterly direction to a point 200 feet South of Seven & 1/2 Street; thence a line parallel with and 200 feet South of Seven & 1/2 Street (if said street were extended easterly in a straight line from its present eastern terminus in South Marietta Street) to a point in the center of Seminole Branch; thence with the center of Seminole Branch as it meanders in a southerly direction to the center of its intersection with Catawba Creek; thence with the center of Catawba Creek as it meanders in an easterly direction to the center of its intersection with Avon Creek; thence in a northerly direction with the center of Avon Creek as it meanders to the center of East Second Avenue; thence with the center of said street in a westerly direction to the point of beginning, shall be known as Subdivision No. 5.

F. That portion of the Gastonia City Administrative Unit which begins at the center of the intersection of East Franklin Avenue (also known as Wilkinson Boulevard) and New Hope Road and running thence with the center of New Hope Road in a southeasterly direction to the center of its intersection with Robinwood Road; thence with the center of Robinwood Road in a southwesterly direction to the center of its intersection with Catawba Creek; thence with the center of Catawba Creek to the center of its intersection with Avon Creek; thence with the center of Avon Creek in a northerly direction to the center of its crossing under East Second Avenue; thence with the center of East Second Avenue and Cumberland Avenue in an easterly direction to the center of the intersection of Cumberland Avenue and East Franklin Avenue; thence with the center of East Franklin Avenue (Wilkinson Boulevard) to the point of beginning, shall be known as Subdivision No. 6.

G. That portion of the Gastonia City Administrative Unit which begins at the center of the intersection of East Franklin Avenue (also known as Wilkinson Boulevard) and New Hope Road and running thence with the center of New Hope Road in a southeasterly direction to the center of its intersection with Robinwood Road; thence with the center of Robinwood Road in a southwesterly direction to the center of the bridge over Catawba Creek; thence with the center of Catawba Creek as it meanders in an easterly direction to the center of its intersection with Hoffman Road; thence continuing with the center of said Catawba Creek as it meanders in a southeasterly direction to the center of the right of way of Plantation Pipeline Company; thence with the center line of said right of way in a northerly direction to the center of New Hope Road; thence with the center of New Hope Road in a southeasterly direction to the center of its intersection with Titman Road; thence with the center of Titman Road in an easterly direction to a property corner of the Hand Plantation, Lowery and Williams; thence with the line of S. C. Downey and Williams in a northwesterly direction to a point on said line South 200.58 feet from the southern right of way line of Redbud Drive (said point being located on the present corporate limits of the City of Gastonia as shown in Plat Book 19 at page 17 in the Gaston County Registry); thence a line parallel with and 200 feet distant from the southern right of way line of Redbud Drive the following courses and distances: (a) North 71 degrees 30 minutes East 286.11 feet to a point; (b) with the arc of a circular curve to the left having a radius of 1,537.15 feet in a northeasterly direction a distance of 766.87 feet to a point; (c) North 42 degrees 55 minutes East 579.26 feet to an iron, which iron is on the Stowe-Armstrong property line; thence North 9 degrees 23 minutes West a distance of 1152.07 feet to an old iron on the North bank of a branch, corner of the Stowe-Armstrong property; thence with the center of said branch in a southwesterly direction as it meanders a distance of 590 feet, corner of Mrs. C. R. Robinson Estate property as shown in Deed Book 110 at page 464 in the Gaston County Registry; thence North 59 degrees 51 minutes West 15 feet to an old iron with poplar pointers corner of the Hoffman dower tract; thence with the southern line of the Hoffman dower tract South 56 degrees 56 minutes West 1,022.51 feet to an old iron with old oak pointers; thence with the West line of the Hoffman dower tract North 9 degrees 03 minutes West 1011.75 feet to an iron in the property line of Gardner Land Company; thence with the line of said Gardner Land Company the following courses and distances; (a) North 77 degrees 37 minutes West 592.95 feet to an old iron; (b) South 8 degrees 39 minutes West 449.38 feet to an old iron and stone at a locus tree; thence with the boundary line dividing the property of Gardner Land Company and New Hope Acres subdivision the following: (a) in a southwesterly direction to a stone near New Hope Branch; and (b) in a northwesterly direction to the center of said New Hope Branch; thence with the center of New Hope Branch the following courses and distances as shown upon a map prepared by Findlay, Withers & McConnaughey, Registered Surveyors, in October 1961 and recorded in Plat Book 16 at page 46 in the Gaston County Registry; (1) North 38 degrees 44 minutes East 47.62 feet to a point; (2) North 19 degrees 44 minutes East 160.61 feet to a point; (3) North 38 degrees 46 minutes East 53.6 feet to a point; (4) North 18 degrees 53 minutes East 78.41 feet to a point; (5) North 26 degrees 55 minutes East 209.9 feet to a point; (6) North 29 degrees 27 minutes East 25.74 feet to a point; (7) North 62 degrees 36 minutes East 90.56 feet to a point; (8) North 71 degrees 11 minutes East 77.62 feet to a point; (9) North 49 degrees 57 minutes East 54.67 feet to a point; (10) North 11 degrees 41 minutes East 174.49 feet to a point; (11) North 29 degrees 09 minutes East 27.89 feet to a point; (12) North 5 degrees 34 minutes East 89.11 feet to a point; (13) North 30 degrees 05 minutes East 48.77 feet to a point; (14) North 14 degrees 37 minutes East 31.15 feet to a point; (15) North 43 degrees 20 minutes East 93.27 feet to a point; (16) North 33 degrees 25 minutes East 100.08 feet to a point; (17) North 14 degrees 45 minutes East 50.33 feet to a point; (18) North 5 degrees 12 minutes West 62.62 feet to a point; (19) North 40 degrees 02 minutes East 51.62 feet to a point; (20) North 10 degrees 33 minutes East 167.48 feet to a point; (21) North 19 degrees 27 minutes East 142.91 feet to a point; (22) North 37 degrees 11 minutes East 50.63 feet to a point; (23) North 32 degrees 06 minutes East 86.87 feet to a point; (24) North 42 degrees 33 minutes East 211.57 feet to a point; (25) North 39 degrees 15 minutes East 165.03 feet to a point; (26) North 44 degrees 53 minutes East 96.95 feet to a point; (27) North 40 degrees 09 minutes East 202.09 feet to a point; (28) North 26 degrees 53 minutes East 123.50 feet to a point; (29) North 21 degrees 44 minutes East 399.73 feet to a point; and (30) North 30 degrees 12 minutes East 87.36 feet to a point in the center of the intersection of New Hope Branch and Duhart Creek; thence with the center of Duhart Creek the following courses and distances: (1) South 50 degrees 07 minutes West 93.58 feet to a point; (2) North 88 degrees 55 minutes West 97.29 feet to a point; (3) South 35 degrees 09 minutes West 49.42 feet to a point; (4) North 60 degrees 05 minutes West 81.08 feet to a point; (5) South 69 degrees 45 minutes West 93.66 feet to a point; (6) North 83 degrees 30 minutes West 67.38 feet to a point; (7) North 46 degrees 27 minutes West 69.11 feet to a point; (8) North 54 degrees 21 minutes West 553.03 feet to a point; (9) North 88 degrees 36 minutes West 41.0 feet to a point; (10) North 64 degrees 48 minutes West 104.30 feet to a point; (11) North 69 degrees 18 minutes West 300.03 feet to a point; (12) North 55 degrees 41 minutes West 56.34 feet to a point; (13) North 70 degrees 23 minutes West 101.45 feet to a point; (14) North 85 degrees 02 minutes West 102.61 feet to a point; (15) North 73 degrees 48 minutes West 100.04 feet to a point; (16) South 87 degrees 13 minutes West 48.11 feet to a point; (17) North 63 degrees 48 minutes West 55.58 feet to a point; (18) North 46 degrees 06 minutes West 89.0 feet to a point; (19) South 46 degrees 18 minutes West 42.07 feet to a point; (20) North 68 degrees 05 minutes West 28.67 feet to a point; (21) North 33 degrees 11 minutes West 139.62 feet to a point; (22) North 84 degrees 43 minutes West 54.71 feet to a point; (23) South 49 degrees 15 minutes West 52.58 feet to a point; (24) South 69 degrees 37 minutes West 57.79 feet to a point; (25) South 82 degrees 14 minutes West 30.19 feet to a point; (26) North 80 degrees 05 minutes West 73.23 feet to a point; (27) North 64 degrees 09 minutes West 93.31 feet to a point; (28) North 52 degrees 35 minutes West 93.23 feet to a point; (29) North 80 degrees 25 minutes West 104.66 feet to a point; (30) North 44 degrees 56 minutes West 88.80 feet to a point; (31) North 26 degrees 23 minutes West 115.02 feet to a point; (32) North 35 degrees 43 minutes West 98.41 feet to a point; (33) North 28 degrees 15 minutes West 96.92 feet to a point; (34) North 34 degrees 20 minutes West 242.66 feet to a point; and (35) North 16 degrees 00 minutes East 66.17 feet to a pin in the center of Wilkinson Boulevard where Duhart Creek crosses the same East of Armstrong Park Road; thence with the center of Wilkinson Boulevard (also known as Franklin Avenue) in a westerly direction to the point of beginning, shall be known as Subdivision No. 7.

"That on the first Tuesday after the first Monday in March, 1967, an election shall be held in said Gastonia City Administrative Unit for the election of members of the Gastonia City Board of Education who reside in Subdivision No. 1 and Subdivision No. 3; that on the first Tuesday after the first Monday in March, 1969, an election shall be held in said Gastonia City Administrative Unit for the election of members of the Gastonia City Board of Education who reside in Subdivision No. 4 and Subdivision No. 7; that on the first Tuesday after the first Monday in March, 1971, an election shall be held in said Gastonia City Administrative Unit for the election of members of the Gastonia City Board of Education who reside in Subdivision No. 2, Subdivision No. 5, and Subdivision No. 6; and thereafter an election shall be held on the first Tuesday after the first Monday in March, biennially, to elect successors to those members whose terms are expiring. In the said elections, the candidate from each subdivision receiving the majority of votes cast shall be declared elected for a term of six years and until his successor is elected and qualified.

"The present members of the Gastonia City Board of Education shall continue in office as members at large after the realignment of subdivision boundaries described herein until the term for which they were elected has expired."

Sec. 2. That Section 4 Y of Chapter 708 of the 1959 Session Laws of North Carolina, be and the same is hereby rewritten to read as follows:

"Y. Result of Election. The candidate from each subdivision receiving the majority of votes cast shall be elected to office. The board of canvasses shall at their meeting and in the presence of such electors as choose to attend, open, canvass and judicially determine the result, making such counts or recounts as it determines, and shall make abstracts, stating the number of legal ballots cast for each office, the name of each person voted for, and the number of votes given to each person for each different office, and shall certify the same over their signatures to the Gastonia City Board of Education, which shall be recorded in the minutes of said board of education. The board of canvasses shall have power and authority to pass upon judicially all the votes relative to the election and judicially determine and declare the results of the same, and shall have power and authority to send for papers and persons and examine the latter upon oath."

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after July 1, 1965.

In the General Assembly read three times and ratified, this the 16th day of June, 1965.