NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 342

HOUSE BILL 732

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF WINFALL IN PERQUIMANS COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The Town of Winfall in Perquimans County shall continue to be a body corporate and politic under the name of the Town of Winfall and shall have and may exercise all municipal powers, functions, rights, privileges and immunities conferred upon municipal corporations by the Constitution and Laws of North Carolina.

Sec. 2.  The corporate limits of the Town of Winfall shall be as follows:

"Beginning at the point of intersection of the East side of the Norfolk Southern Railroad right of way with the North side of Perquimans River, thence southeastwardly and southwardly along the East side of the Perquimans River to the North line of the Joe Towe property, thence eastwardly along said property line 550 feet more or less to a point 10 feet distant from the West right of way line of N.C. Highway No. 37 measured at right angles thereto, thence southwardly parallel to said highway and U.S. Highway No. 17 and distant 10 feet therefrom a distance of 360 feet, thence southeastwardly crossing U.S. Highway No. 17 to the northeast corner of the T. J. Nixon Estate property, same being the northwest corner of the J. E. Winslow property, thence southeastwardly along the Winslow line to the Hollowell property, thence southwardly along the Hollowell property and the various courses of the swamp to the North side of the Perquimans River, thence eastwardly along the North side of the Perquimans River and the West side of Vosses Creek to a point on the West side of Vosses Creek which is southwardly 700 feet from the South side of the right of way of U.S. Highway No. 17 measured at right angles to said right of way, thence eastwardly parallel to the South side of said highway across Vosses Creek to the East side of Vosses Creek; thence southwardly along the East side of Vosses Creek to the Perquimans River; thence eastwardly and southwardly along the Perquimans River to the West right of way of the new By-Pass of U.S. Highway No. 17 at the new bridge that crosses the Perquimans River; thence northeastwardly binding the western right of way of the new By-Pass of U.S. Highway No. 17 across the New Hope Road to the eastern corner of the Miller and Umphlett property on said new By-Pass; thence northwestwardly binding the Miller and Umphlett property to a point 10 feet southwardly from the right of way on the South side of U.S. Highway No. 17 measured at right angles thereto, thence eastwardly parallel to the South right of way line of said highway and distant 10 feet therefrom a distance of 2768 feet to the West line of the D. T. Hurdle property, thence southwardly along the Hurdle line 290 feet, thence eastwardly parallel to and distant 300 feet from the South right of way line of said highway a distance of 2600 feet more or less to the West line of the J. W. Chappell property, thence northwardly along the West line of the Chappell property 300 feet to a concrete post on the South side of said highway, thence continuing on the same course across said highway to a point 10 feet North of the right of way line of said highway measured at right angles thereto, thence westwardly parallel to the North right of way line of said highway and distant 10 feet therefrom a distance of 910 feet more or less to the East line of the N.C. Highway Commission property, thence northwardly along said State property 490 feet, thence westwardly along said State property 620 feet more or less to an angle therein, thence southwardly 490 feet along the West line of the highway property to a point 10 feet North of the right of way line on the North side of U.S. Highway No. 17 measured at right angles thereto, thence westwardly parallel to the North line of said right of way and distant 10 feet therefrom a distance of 4854 feet to the West line of the Frank Nixon property, thence northwardly along the West line of the Frank Nixon property a distance of 190 feet, thence westwardly parallel to the North line of the right of way of U.S. Highway No. 17 and distant 200 feet therefrom a distance of 1430 feet more or less to the East bank of Vosses Creek, thence southwardly along the East bank of Vosses Creek to a point 10 feet North of the right of way line of U.S. Highway No. 17 measured at right angles thereto, thence westwardly parallel to the North line of said highway and distant 10 feet therefrom, a distance of 2150 feet more or less to the Charlotte Umphlett property, thence northwardly along the East line of the Umphlett property to a point 10 feet eastwardly from the East right of way line of N.C. Highway No. 37 measured at right angles thereto, thence northwardly parallel to the East side of N.C. Highway No. 37 and distant 10 feet therefrom a distance of 4331 feet to the West line of the N. R. Miller property, thence southeastwardly along the southwest line of the N. R. Miller property 290 feet, thence northwardly parallel to the East line of N.C. Highway No. 37 and distant 300 feet therefrom to a point in the circumference of a circle having a radius of 1320 feet and the center of the circle being the point of intersection of the center line of the Norfolk Southern Railroad with the center line of Main Street in the Town of Winfall, thence eastwardly, northwardly and westwardly along the arc of said circle a distance of 5925 feet more or less to a point on the North side of King Street, thence westwardly along King Street 260 feet more or less to a point in a line which runs northwestwardly parallel to N.C. Highway No. 37 and distant 500 feet therefrom, thence northwestwardly along said line parallel to N.C. Highway No. 37 and distant 500 feet therefrom a distance of 1090 feet more or less to the South line of the Perquimans County Union School property, thence southwestwardly along the South line of said school property and the westwardly prolongation thereof to and across N.C. Highway No. 37 a distance of 1060 feet to a point 500 feet westwardly from the West line of N.C. Highway No. 37, thence southwardly parallel to the West side of N.C. Highway No. 37 a distance of 1460 feet more or less to a point in the northwestwardly prolongation of a line running parallel to the South side of River Street and distant 100 feet southwardly therefrom, thence southeastwardly along said line to a point in the perimeter of the aforementioned circle, thence southeastwardly along the arc of said circle to the East side of the right of way of the Norfolk Southern Railroad right of way, thence southwestwardly along the East side of the right of way of the Norfolk Southern Railroad a distance of 1390 feet to the S. P. Jessup property, thence southeastwardly along said Jessup property 640 feet to a point 10 feet westwardly from the West right of way line of N.C. Highway No. 37 measured at right angles thereto, thence southwardly parallel to the West line of N.C. Highway No. 37 a distance of 724 feet to the Tom White Estate property, thence northwestwardly along the Tom White Estate property 845 feet more or less to the East line of the Norfolk Southern Railroad right of way, thence southwardly along the East line of the Norfolk Southern Railroad right of way a distance of 1308 feet to the point of beginning."

Sec. 3.  The officers of said Town shall consist of a mayor and three commissioners who shall constitute the board of commissioners and who shall be elected as provided in Article 3 of Chapter 160 and other applicable provisions of the General Statutes of North Carolina.

Sec. 4.  The board of commissioners may appoint a town clerk, a town treasurer, a chief of police and such other officers and employees as may be necessary; provided, however, that the board of commissioners may provide that any officer or employee shall have the powers and perform the duties of any other officer or employee.  Such officers or employees shall serve at the pleasure of the board of commissioners and shall perform such duties as may be prescribed by law or by said board.

Sec. 5.  The board of commissioners shall have power to pass all ordinances and resolutions, and prescribe such rules and regulations for the good government of the Town not inconsistent with the Constitution and laws of North Carolina.

Sec. 6.  For the purpose of raising revenue for defraying the expenses incident to the proper government of the Town, the board of commissioners shall have power and it is hereby authorized to levy and collect an annual ad valorem tax on all taxable property in the Town at a rate not exceeding the rate on the one hundred dollar ($100.00) valuation of said property as now or may hereafter be fixed by G.S. 160-402, and in addition thereto the board of commissioners shall levy and collect an annual ad valorem tax on all taxable property in the Town sufficient to pay the principal of and the interest on all bonds and notes of the Town as such principal and interest shall become due.

Sec. 7.  All ordinances, resolutions, appropriations and contracts adopted by and entered into by the Town, or for its benefit prior to the taking effect of this Charter, shall continue in full force and effect and the mayor and commissioners elected under the provisions of the Charter and general laws in effect prior to the adoption of this Charter shall serve the remainder of their terms.

Sec. 8.  Until such time as the board of commissioners takes action pursuant to G.S. 160-9.1, the Mayor of the Town of Winfall shall receive as compensation for his services the sum of ten dollars ($10.00) per month, and the members of the board of commissioners shall each receive for his services the sum of five dollars ($5.00) per month, payable out of the general fund of the Town.

Sec. 9.  All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 10.  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 7th day of May, 1971.