NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 1186
HOUSE BILL 1493

AN ACT TO INCORPORATE THE TOWN OF BERMUDA RUN, DAVIE COUNTY, SUBJECT TO ELECTION.

The General Assembly of North Carolina enacts:

Section 1. (a)  The Board of Elections in Davie County is hereby authorized and directed to call and conduct a special election on August 19, 1980, for the purpose of submitting to the qualified voters of the area hereinafter described as the proposed corporate limits of the Town of Bermuda Run, the question of whether or not such area shall be incorporated as a municipal corporation to be known as the Town of Bermuda Run. In conducting the election required to be held by this act, the Board of Elections of Davie County shall follow the procedures contained in this act and the procedures contained in Chapter 163 of the General Statutes of North Carolina regarding municipal elections, where the same are not in conflict with this act.
(b)	Not later than 15 days prior to the date on which the registration books are required to be closed, the Board of Elections in Davie County shall cause to be published one or more times in a newspaper having general circulation in the Bermuda Run community, a notice stating the time, the polling place, and the purpose of this special election; the names of the registrar and judges of election; and the dates, hours, and places of registration. The board of elections may, in its discretion, also cause such notice to be posted in such public place or places as the board may choose.
(c)	In the special election, those voters who favor the incorporation of the Town of Bermuda Run as provided in this act shall vote a ballot upon which shall be printed the words: "FOR Incorporation of the Town of Bermuda Run"; and those voters who are opposed to the incorporation of the Town of Bermuda Run as provided in this act shall vote a ballot upon which shall be printed the words "AGAINST Incorporation of the Town of Bermuda Run".
Sec. 2. If the majority of the votes cast in such special election shall be cast "AGAINST Incorporation of the Town of Bermuda Run" then the "Charter of the Town of Bermuda Run" as set forth in this act shall have no force and effect.
Sec. 3. If a majority of the votes cast in the special election shall be cast "FOR Incorporation of the Town of Bermuda Run", then the "Charter of the Town of Bermuda Run" as set forth in this act shall be in full force and effect from and after the date upon which a certificate of election shall have been issued by the Chairman of the Davie County Board of Elections in accordance with G.S. 163-301.
Sec. 4. If a majority of the votes cast in such special election shall be cast "FOR Incorporation of the Town of Bermuda Run", then notwithstanding the time limitations contained in the Local Government Budget and Fiscal Control Act (Article 3 of G.S. Chapter 159), the governing body of the Town of Bermuda Run is authorized to consider and adopt a budget ordinance, including a property tax levy, as soon after the effective date of incorporation as is possible. The residents of the Town of Bermuda Run and the property located within the Town of Bermuda Run shall be liable for all municipal taxes imposed by the Town of Bermuda Run governing body for the fiscal year 1980-1981, and each fiscal year thereafter. The town may obtain from Davie County, and the county shall provide upon request a record of property within the corporate limits which was listed for taxation as of January 1, 1980.
Sec. 5. The following provisions of law shall constitute the Charter of the Town of Bermuda Run:
"ARTICLE I.
"The Charter of the Town of Bermuda Run.
"Incorporation and Corporate Powers.
"Section 1.1. Incorporation and General Powers. The inhabitants of the Town of Bermuda Run are a body corporate and politic under the name of the Town of Bermuda Run. Under that name they have all the powers, duties, rights, privileges and immunities conferred and imposed upon municipal corporations by the general law of North Carolina.
"ARTICLE II.
"Corporate Boundaries.
"Section 2.1. The corporate boundaries of the Town of Bermuda Run, until changed in accordance with law, shall be as set out on a map entitled 'Boundary Map of the Town of Bermuda Run'. The said map is maintained in the Office of the Town Clerk, as required by G.S. 160A-22. Actual description: 'The initial corporate limits shall be as follows:
BEGINNING at an iron stake in the western bank of the Yadkin River, said iron stake being a southeast corner of Bermuda Run, said iron stake also being the southeast corner of Tract #1 of the J. D. Lybrook Division as recorded in Plat Book 3, Page 42, in the Office of the Register of Deeds of Davie County, North Carolina; thence from said point of BEGINNING North 66 degrees 37 minutes 50 seconds West 826.43 feet to a point; thence South 81 degrees 14 minutes 30 seconds West 391.79 feet to an iron stake; thence North 46 degrees 51 minutes 10 seconds West 806.51 feet to an iron stake; thence North 28 degrees 29 minutes 40 seconds West 217.0 feet to an iron stake; thence North 08 degrees 29 minutes 10 seconds East 752.07 feet to an iron stake; thence North 74 degrees 38 minutes 00 seconds West 2,715.95 feet to an iron stake in the eastern right of way line of the Farmington-Advance Highway, the southwest corner of Tract #1 of the J. D. Lybrook Division; thence with the eastern right of way line of said road, North in a northerly direction along the eastern right of way line of Farmington-Advance Highway 119 feet to an iron stake located in the northwestern corner of Lot 139 as shown on the map of Arden Village recorded in Map Book 30 at Page 243, Davie County Registry; thence leaving the eastern right of way line of Farmington-Advance Highway running in an easterly direction along the northern boundary line of Lots 139 and 114 approximately 365.9 feet to an iron stake located in the northern property line of Lot 100, all lots being shown on the above mentioned plat of Arden Village; thence in a northerly direction along the eastern right of way line of Arbor Road and the western boundary line of Lots 87 through 100 as shown on the above mentioned plat, North 31º 06' West 350 feet to an iron located in the northwestern corner of Lot 87; thence along the northern boundary line of Lot 87 and the southern boundary line of Winnmock Road as shown in the above mentioned plat, North 69º 07' East 150 feet to the northeast corner of the above mentioned Lot 87; thence North 29º 59' 46" West 452 feet to a point, said point being the center line of the Winston-Salem - Mocksville Road; thence with the center line of the Winston-Salem Mocksville Road, North 84 degrees 21 minutes 07 seconds East a chord measurement of 421.77 feet to a point; thence South 89 degrees 31 minutes East 830.21 feet to a point; thence North 74 degrees 14 minutes 30 seconds East a chord measurement of 908.57 feet to a point; thence North 58 degrees 00 minutes East 4,288.9 feet to a point, said point being the intersection of the center line of the Winston-Salem Mocksville Road, also known as Highway #158, and the western bank of the Yadkin River; thence the following 13 courses and distances with the western bank of the Yadkin River; South 13 degrees 40 minutes 14 seconds East 480.79 feet to an iron stake; thence South 09 degrees 50 minutes 30 seconds East 358.02 feet to an iron stake; thence South 21 degrees 37 minutes 00 seconds East 1,301.89 feet to an iron stake; thence South 12 degrees 51 minutes 50 seconds East 1,670.57 feet to an iron stake; thence South 04 degrees 22 minutes 40 seconds East 334.36 feet to an iron stake; thence South 01 degree 21 minutes 20 seconds West 247.86 feet; thence South 12 degrees 14 minutes 20 seconds West 355.85 feet; thence South 26 degrees 47 minutes 20 seconds West 230.96 feet to an iron stake; thence South 48 degrees 27 minutes 10 seconds West 465.04 feet to an iron stake; thence South 55 degrees 31 minutes 30 seconds West 410.04 feet to an iron stake; thence South 59 degrees 42 minutes 30 seconds West 333.78 feet to an iron stake; thence South 52 degrees 40 minutes 40 seconds West 951.86 feet to an iron stake; thence South 43 degrees 23 minutes 10 seconds West 928.43 feet to an iron stake, the point and place of BEGINNING. Being all of the development known as Bermuda Run, for further reference see survey entitled 'Bermuda Run' dated August 17, 1970, made by Truelove Engineers, Inc. of Greensboro, North Carolina.
"Section 2.2. The Town of Bermuda Run may not annex any territory in Forsyth County, nor may it exercise any extraterritorial jurisdiction under Article 19 of Chapter 160A of the General Statutes in Forsyth County.
"ARTICLE III.
"Governing Body.
"Section 3.1. Temporary Officers. Until the regular municipal election to be held on November 4, 1980, Leon Kaplan, William Fairchild, Norman C. Gaddis, Harry Murray, William Mackay, Mrs. Charles (Carol) Quinn, and A. William Packer are hereby appointed to act as the Council for the Town of Bermuda Run, and they shall possess and may exercise the powers granted to the Town Council until their successors are elected and qualify.
"Section 3.2. Structure of Governing Body: Number of Members. The governing body of the Town of Bermuda Run is the Town Council, which has seven members.
"Section 3.3. Manner of Election of the Council. The qualified voters of the entire Town shall elect the members of the Council.
"Section 3.4. Term of Office of Members of the Council. (a) Except for the temporary officers provided for in Section 3.1 of this Charter, and except as provided in subsection (b) of this section of the Charter, the members of the Town Council shall be elected to four-year terms.
(b)	At the regular municipal election in 1980, the four persons receiving the highest number of votes for seats on the Council shall be elected to three-year terms; the three persons receiving the next highest number of votes for seats on Council shall be elected to a one-year term. Beginning at the regular municipal election to be held in 1981, and every four years thereafter, three persons shall be elected to seat on the Council and shall serve a four-year term. Beginning in the regular municipal election to be held in 1983, and every four years thereafter, four persons shall be elected to seats on the Council and shall serve four-year terms. The regular municipal election on November 4, 1980, shall be governed by the same laws governing municipal elections held in odd-numbered years.
"Section 3.5. Election of the Mayor, Term of Office. At the organizational meeting of the Council following each regular municipal election, the Council shall elect one of its members to serve as its Mayor. The Mayor shall serve as such at the pleasure of the Council.
"ARTICLE IV.
"Elections.
"Section 4.1. Conduct of Town Elections. Town officers shall be elected on a nonpartisan basis and the results determined by a plurality of the votes cast, as provided by G.S. 163-292.
"ARTICLE V.
"Administration.
"Section 5.1. Form of Government. The Town of Bermuda Run shall operate under the mayor-council form of government as provided in G.S. 160A, Article 7, Part 3."
Sec. 6. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 23rd day of June, 1980.