NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 232

HOUSE BILL 766

 

AN ACT TO DEFINE THE LINCOLNTON ADMINISTRATIVE SCHOOL UNIT AND TO PROVIDE FOR THE ELECTION OF ITS BOARD OF TRUSTEES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  There is hereby created the Lincolnton Administrative School Unit which shall consist of the area within the corporate limits of the City of Lincolnton and the area outside the corporate limits, said area being described as follows:

The High School Western Boundary is: BEGINNING at Catawba County line the western boundary line will be Clark Creek to the point where it flows into the South Fork of the Catawba River near Highway #27 on the western limit of the City of Lincolnton. The western boundary then becomes the South Fork of the Catawba River which continues Eastward to the C&NW overpass on Road #1248 and it follows this road to Road #1243 which it follows south to Road #1423, then on a line south-east to Pisgah Church on Highway #321, crossing Highway #321 and going East on Road #1303, to include access Road #1302, continuing South on Highway #321 to the small stream near the intersection of Highway #321 and Road #1245.

The High School Eastern Boundary is: BEGINNING at Highway #321 South at Gaston County line, the line follows Highway #321 North to the small stream near the intersection of Highway #321 and Road #1245 and to Road #1307. At Road #1307 the line continues north to the Salem Road #1001 to Boger City where it merges into Highway #150 East and then to Road #1339 near Perk Caldwell's General Store. Road #1339 becomes the Eastern boundary line to the point where it merges into Road #1003 and the line continues north to the Catawba County line.

The Elementary Lines are as follows: Highway #321 North to the Catawba County line, the City of Lincolnton, and Highway #321 South to Pisgah Church. The western boundary is the same line as for high school students. The eastern boundary for elementary students starts at the Catawba County line then south to Road #1342 to include the section called Coral Park, then south to Road #1338 and #1267 and south-west to the intersection of Highway #321 By-Pass and N.C. Highway #150 and N.C. Highway #27, then south-east to the intersection of Road #1262 and Road #1298, including the areas of Forest Hills and Forest Hills extension, then south-west to Highway #321 at Pisgah Church, and including Roads #1298, #1300, and #1299. This area lies within the Western and Eastern boundaries described above.

Whenever the reference in the foregoing description refers to a road or highway, then the line or point referred to shall be in the center of said road or highway.

Sec. 2.  The governing body of the Lincolnton Administrative Unit shall be a Board of Trustees consisting of five members having the powers, duties, privileges and authority granted and applicable to city administrative units and city boards of education as set forth in Chapter 115 of the General Statutes of North Carolina.

Sec. 3.  The initial five members of the Board shall be selected as follows:  The one member nominated and elected in the regular primary and election held for the City of Lincolnton in 1971 shall be elected for a term of four years.  Said member shall take office on the first Monday after the certification of his election and shall serve until the first Monday in December, 1974. The incumbents, W. B. Rankin and Henry Collins, shall continue in office and shall serve until the first Monday in December, 1972. The incumbents, Dr. Boyce Griggs and Dr. Samuel Wilson, shall continue in office and shall serve until the first Monday in December, 1974.

Sec. 4.  Beginning with the regular primary and general election for county officers to be held in 1972, two members of the Board shall be nominated and elected for terms of four years, and in the primary and general election to be held in 1974, three members of the Board shall be nominated and elected for terms of four years.  Thereafter, as the terms of the members elected under this section expire, their successors shall be nominated and elected for terms of four years and the persons elected shall take office on the first Monday in December following their election.

Sec. 5.  The elections to be held in 1972 and thereafter shall be held and conducted by the County Board of Elections and said elections shall be conducted under the same laws, rules and regulations governing elections for county officers, except that absentee ballots shall not be allowed.  Any qualified voter residing in the Administrative Unit shall be eligible to seek office to the Board of Trustees, and to vote in said elections.

Sec. 6.  The members of the Board appointed and elected under this act shall, annually, at the first meeting of the Board, choose one of the members as Chairman.  Any vacancy occurring on the Board for any cause shall be filled by the remaining members of the Board, and the person appointed shall serve for the unexpired term.

Sec. 7.  For purposes of the election of one member to be nominated and elected in the primary and election held for the City of Lincolnton in 1971, any qualified voter residing within the area described herein, and who has already filed notice of candidacy for the Board of Trustees and paid the filing fee, shall be permitted to run in said primary and election, if nominated, and any qualified voter residing in said Administrative Unit shall be eligible to vote in the said primary and general election.

Sec. 8.  Any provision of Chapter 3, Private Laws of 1905, and Chapter 389, Private Laws of 1911, in conflict with this act, and all other laws and clauses of laws in conflict with this act, are hereby repealed to the extent of such conflict.

Sec. 9.  This act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of April, 1971.