NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 1212

HOUSE BILL 1610

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF STANTONSBURG, NORTH CAROLINA, AND TO REPEAL PRIOR CHARTER ACTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Charter of the Town of Stantonsburg, Wilson County, North Carolina, is hereby revised and consolidated to read as follows:

"THE CHARTER OF THE TOWN OF STANTONSBURG,

NORTH CAROLINA.

"CHAPTER 1.

"ARTICLE 1.

"INCORPORATION AND CORPORATE POWERS.

"Sec. 1-1. Incorporation and general powers. The inhabitants of the town of Stantonsburg are a body corporate and politic under the name of the 'Town of Stantonsburg'. Under that name they have all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the general law of North Carolina.

"ARTICLE II.

"CORPORATE BOUNDARIES.

"Sec. 2-1. Town Boundaries. Until modified in accordance with law, the boundaries of the Town of Stantonsburg are as follows:

BEGINNING at an iron stake, in the Easterly right of way of S.R. #1682, said stake being South 34 deg. 07 min. 12 sec. East 1414.58 feet from a concrete monument, designated Sara-comm. X=2,350,046.894 Y=677,195.515 on the North Carolina Grid System, thence from said point of beginning along the Easterly right of way of S.R. #1682 South 31 deg. 58 min. 02 sec. East 234.28 feet to an iron stake, cornering, thence South 58 deg. 01 min. 58 sec. West 230.00 feet to an iron stake, cornering, thence North 31 deg. 58 min. 02 sec. West 290.80 feet to an iron stake, cornering, thence South 71 deg. 50 min. 25 sec. West 2682.80 feet to a concrete monument on the Easterly bank of Contentnea Creek, cornering, thence along the Easterly bank of Contentnea Creek North 14 deg. 06 min. 46 sec. West 185.48 feet, North 34 deg. 42 min. 36 sec. West 509.94 feet, North 46 deg. 00 min. 24 sec. West 178.32 feet, North 38 deg. 41 min. 56 sec. West 271.81 feet, North 33 deg. 41 min. 34 sec. West 213.99 feet and North 35 deg. 21 min. 00 sec. West 83.28 feet to a concrete monument, cornering, thence North 49 deg. 56 min. 07 sec. East 1638.27 feet to an iron stake in Black Creek Road, cornering, thence along Black Creek Road North 32 deg. 36 min. 27 sec. West 361.95 feet to an iron stake, cornering, thence North 56 deg. 43 min. 33 sec. East 891.40 feet to an iron stake, in Thompson Avenue, cornering, thence along Thompson Avenue North 31 deg. 46 min. 18 sec. West 451.26 feet to a concrete monument, cornering, thence North 76 deg. 46 min. 18 sec. East 1037.50 feet to a concrete monument, cornering, thence North 51 deg. 51 min. 08 sec. East 1700.00 feet to a concrete monument, cornering, thence South 29 deg. 55 min. 33 sec. East 2400.00 feet to an iron stake, in the center of N.C. Highway #222, cornering, thence along the center of N.C. Highway #222 North 75 deg. 01 min. 04 sec. East 1.39 feet to a point, cornering, thence North 14 deg. 58 min. 56 sec. West 180.00 feet to an iron stake, cornering, thence North 75 deg. 01 min. 04 sec. East 150.00 feet to an iron stake, cornering, thence South 14 deg. 58 min. 56 sec. East 180.00 feet to a point in the center of N.C. Highway #222, cornering, thence along the center of N.C. Highway #222 North 75 deg. 01 min. 04 sec. East 510.27 feet, North 74 deg. 48 min. 04 sec. East 57.11 feet, North 74 deg. 17 min. 04 sec. East 94.97 feet and North 71 deg. 37 min. 04 sec. East 410.00 feet to an iron stake, cornering, thence South 18 deg. 22 min. 56 sec. East 636.65 feet to a point, cornering, thence South 1 deg. 01 min. 56 sec. East 190.34 feet to a point, cornering, thence North 88 deg. 58 min. 04 sec. East 170.00 feet to a point, cornering, thence South 1 deg. 01 min. 56 sec. East 360.00 feet to a point, cornering, thence South 88 deg. 58 min. 04 sec. West 1020.00 feet to an iron stake, cornering, thence South 65 deg. 27 min. 00 sec. West 1726.46 feet to a p.k. nail in the center of the Norfolk-Southern Railroad, cornering, thence South 71 deg. 50 min. 25 sec. West 527.12 feet to the point of beginning containing 330.245 acres.

"ARTICLE III.

"GOVERNING BODY.

"Sec. 3-1. Structure of governing body; number of members. The governing body of the Town of Stantonsburg is the board of commissioners, which has five members, and the mayor.

"Sec. 3-2. Manner of election of board. The qualified voters of the entire town elect the members of the board.

"Sec. 3-3. Term of office of members of the board. At the 1979 regular municipal election all five members of the board of commissioners shall be elected. The two candidates receiving the highest number of votes shall be elected for four-year terms and the three candidates receiving the next highest number of votes shall be elected for two-year terms. Thereafter, all members of the board are elected to four-year terms. In the 1981 regular municipal election and each fourth year thereafter, three members of the board shall be elected to four-year terms. In the 1983 regular municipal election and each fourth year thereafter, two members of the board shall be elected to four-year terms.

"Sec. 3-4. Manner of election of mayor. The qualified voters of the entire town elect the mayor.

"Sec. 3-5. Term of office of mayor. At the 1979 regular municipal election and each fourth year thereafter, the mayor shall be elected to a four-year term of office.

"ARTICLE IV.

"ELECTIONS.

"Sec. 4-1. Conduct of town elections. Town officers shall be elected on a nonpartisan basis and the results determined by plurality, as provided by N.C. General Statutes 163-292.

"ARTICLE V.

"ADMINISTRATION.

"Sec. 5-1. Town to operate under mayor-council plan. The Town of Stantonsburg operates under the mayor-council plan as provided in North Carolina General Statutes 160A, Article 7, Part 3."

Sec. 2. The purpose of this act is to revise the Charter of the Town of Stantonsburg and to consolidate herein certain acts concerning the property, affairs, and government of the town. It is intended to continue without interruption those provisions of prior acts which are consolidated in this act, so that all rights and liabilities that have accrued are preserved and may be enforced.

Sec. 3. The following acts or portions of acts having served the purposes for which enacted or having been consolidated into this act, are hereby repealed:

Chapter 60, Private Laws of North Carolina, 1817, an act to incorporate the Town of Stantonsburg in the County of Edgecombe.

Chapter 144, Private Laws of North Carolina, 1827-28, an act to appoint additional commissioners for the Town of Stantonsburg in the County of Edgecombe.

Chapter 133, Private Laws of North Carolina, 1835, an act to amend an act, entitled "An Act to incorporate the Town of Stantonsburg, in the County of Edgecombe".

Chapter 69, Private Laws of North Carolina, 1872-73, an act to incorporate the Town of Stantonsburg, in Wilson County.

Chapter 142, Private Laws of 1874-75, an act to amend Chapter 60-9, Private Laws of 1872 and 1873.

Chapter 173, Private Laws of North Carolina, 1909, an act to incorporate the Town of Stantonsburg, in the County of Wilson.

Chapter 205, Private Laws of North Carolina, 1917, an act to amend Chapter 173 of the Private Laws of 1909, relative to the Town of Stantonsburg, in the County of Wilson.

Chapter 642, Private Laws of North Carolina, 1917, an act to authorize the Board of Commissioners of the Town of Stantonsburg to issue bonds in the sum of ten thousand dollars ($10,000) for the construction and maintenance of a water and sewerage system; to issue bonds in the sum of ten thousand dollars ($10,000) for street improvements; and to issue bonds in the sum of five thousand dollars ($5,000) for the improvement and maintenance of an electric light plant in said town.

Chapter 57, Private Laws of North Carolina, 1921, an act authorizing the Town of Stantonsburg, in Wilson County, to issue bonds.

Chapter 1061, 1945 Session Laws, an act to amend the Charter of the Town of Stantonsburg, North Carolina, so as to provide for the general election of elective municipal officials, and give the mayor's court jurisdiction within a radius of one mile from the corporate limits.

Chapter 639, 1951 Session Laws, an act to extend the corporate limits of the Town of Stantonsburg, in Wilson County.

Chapter 148, 1955 Session Laws, an act providing for the appointment of a clerk for the mayor's court of the Town of Stantonsburg.

Chapter 1135, 1957 Session Laws, an act to amend Chapter 1061 of the Session Laws of 1945 relating to elections in the Town of Stantonsburg, in Wilson County.

Sec. 4. No provision of this act is intended, nor shall be construed, to affect in any way any rights or interest (whether public or private):

(a)       now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this act;

(b)       derived from or which might be sustained or preserved in reliance upon, action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this act.

Sec. 5. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:

(a)       the repeal herein of any act repealing such law, or

(b)       any provision of this act that disclaims an intention to repeal or effect enumerated or designated laws.

Sec. 6. (a)  All existing ordinances and resolutions of the Town of Stantonsburg, and all existing rules or regulations of departments or agencies of the Town of Stantonsburg, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified, or amended.

(b)       No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Stantonsburg or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Sec. 7. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Sec. 8. All laws or clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 9. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1978.