S.L. 1969-611

1969 SESSION

CHAPTER 611

HOUSE BILL 1082

AN ACT TO REPEAL CHAPTER 443 OF THE 1969 SESSION LAWS AND TO PROVIDE AN ELECTION OR REFERENDUM FOR A CERTAIN AREA IN ROBESON COUNTY ON THE QUESTION OF WHETHER OR NOT IT SHALL BE ANNEXED TO THE LUMBERTON CITY ADMINISTRATIVE UNIT AND BE SUBJECT TO THE SCHOOL TAXES LEVIED IN THE LUMBERTON CITY ADMINISTRATIVE UNIT IF SO ANNEXED.

The General Assembly of North Carolina do enact:

Section 1. The area or territory whose residents shall be subject of the election or referendum hereinafter provided as to whether or not the said area shall be annexed to the territory of the Lumberton City Administrative Unit hereby designated as "D" Addition and is hereby described as follows:

"Robeson County, North Carolina, located in Lumberton, Saddletree, Raft Swamp, and Back Swamp Townships,

BEGINNING at a point, said point being located where the corporate limit line of the City of Lumberton intersects the centerline on the ramp of I-95 on North Carolina Highway #72 and North Carolina Highway #711, the same leading to Philadelphus and Pembroke, respectively, and continuing along the centerline of said North Carolina Highway #72 and North Carolina Highway #711, as the same crosses the right of way of I-95, to a point in the centerline of the bridge located over the Lumber River; thence proceeding in a westerly direction along the various courses and distances up the Lumber River to a point, which said point is located where the mouth of Jack's Branch comes into the Lumber River; thence in a northwesterly direction from the mouth of Jack's Branch, up the various courses and distances of the run of Jack's Branch and crossing North Carolina Highway #711 and continuing with the courses and distances of the run of Jack's Branch to a point, said point being located adjacent to a stake in the Western edge of Jack's Branch by a maple and gum pointer; thence South 77 degrees 30 minutes East 8.75 chains to a stake and pointer; thence South 0 degrees 30 minutes East 2.0 chains to a stake near three (3) large pine stumps; thence South 55 degrees 30 minutes East 13.50 chains to a stake by a pine and oak pointer; thence North 54 degrees 50 minutes East 1.97 chains to a stake by a pine; thence South 45 degrees 20 minutes East 33.75 chains to an iron stake in the edge of the woods located adjacent to the golf course at the Pine Crest Country Club; thence South 62 degrees 05 minutes West 3.04 chains to a stake; thence South 57 degrees 20 minutes East 18.37 chains to a stake; thence North 32 degrees 40 minutes East 2.65 chains to a stake, said stake being located on the Southern edge of a road (Rural Paved Road #1548) leading from North Carolina Highway #72 to the Pine Crest Country Club; thence in a northerly direction across said road above referred to approximately 3.67 chains to an iron stake on the corner of a lot presently occupied by C. M. Williams, said corner being 1.17 chains Northwest from the corner of a ditchbank by two pines and being in a northwesterly direction from the original corner of the old golf course property; thence North 24 degrees 30 minutes East 16.98 chains to an iron stake; thence South 46 degrees East approximately 17.5 chains to an iron stake, said iron stake being the Northern corner of the tract or parcel of land owned by O.C. Norment; thence North 54 degrees 15 minutes East approximately 8.70 chains to a point, said point being located 150 feet West of the centerline of North Carolina Highway #72; thence proceeding 150 feet at right angles from and with the centerline of North Carolina Highway #72 and on the South side of the same and in a northerly direction parallel with North Carolina Highway #72 to a point, said point being located 150 feet South of the intersection of North Carolina Rural Paved Road #1549 and North Carolina Highway #72; thence proceeding in a northeasterly direction with the centerline of Rural Paved Road #1549 150 feet to a point, said point being the centerline of North Carolina Highway #72 where the same intersects with the centerline of Rural Paved Road #1549; thence in a northeasterly direction with the centerline of Rural Paved Road #1527 (Pine Log Road) to a point, said point being located in the centerline of Rural Paved Road #1527 where the same intersects with Rural Paved Road #1532; thence continuing with the centerline of Rural Paved Road #1527 to a point where the centerline of Rural Paved Road #1527 intersects with the centerline of Rural Paved Road #1534; thence in a northerly direction and at right angles with the centerline of Rural Paved Road #1527 300 feet to a point located in a field; thence in an easterly direction 300 feet at right angles and parallel with the centerline of Rural Paved Road #1527 to a point and on the North side of the same, said point being 300 feet in a northerly direction from the intersection of Rural Unpaved Road #1530 and Rural Paved Road #1527; thence in an easterly direction 300 feet to the centerline of where Rural Paved Road #1530 intersects with Rural Paved Road #1527; thence in a northerly direction with the centerline of Rural Unpaved Road #1530 to a point, said point being located where the centerline of Rural Unpaved Road #1530 intersects with the centerline of Rural Paved Road #1528; thence in a southeasterly direction as the centerline of Rural Paved Road #1528 to a point, said point being 300 feet Northwest of the intersection of where Rural Paved Road #1528 intersects with Rural Paved Road #1527 (Pine Log Road); thence in an easterly direction 300 feet at right angles from Rural Paved Road #1527 and North of Rural Paved Road #1527 to a point where North Carolina Highway #211 intersects 300 feet at right angles North of the centerline of Rural Paved Road #1527 (Pine Log Road); thence down the centerline of North Carolina Highway #211 to a point, said point being in the center of North Carolina Highway #211 where the same intersects with Rural Unpaved Road #1531 (Clyburn Church Road); thence in a southwesterly direction along the centerline of Rural Unpaved Road #1531 to a point, said point being located where the centerline of Graveyard Branch crosses Rural Unpaved Road #1531, said point also being the corner of the A. T. McLean property; thence down the various courses and distance of the run of Graveyard Branch to a point where the run of Graveyard Branch intersects the run of Saddletree Swamp; thence as the various courses and distances of the run of Saddletree Swamp Canal to Lumber River; thence up the various courses and distances of the run of Lumber River to a point where the Eastern right of way of North Carolina Highway #711 bridge intersects with the Lumber River; thence in a southerly direction as and with the Eastern right of way of North Carolina Highway #711 to the corporate limits of the City of Lumberton.

Excepting, however, from the above description, all of that property owned by the Robeson Recreational and Charitable Foundation, Inc., now or heretofore owned by said corporation or conveyed by the said O. C. Norment to the corporation as will appear by deed recorded in Book 16- F at Page 19, Robeson County Registry.

Excepting also all of that farm or parcel of land owned by Mr. A. T. McLean, Sr., on both sides of North Carolina Highway #211 and located on both the North and South side of Rural Unpaved Road #1531."

Sec. 2. Upon presentation to the Robeson County Board of Education of a petition signed by twenty-five per cent (25%) of the qualified voters who reside in the area designated in this Act as "D" Addition, it shall be the duty of the Robeson County Board of Education to consider said petition and to decide whether or not the said Robeson County Board of Education shall petition the Board of County Commissioners or Robeson County for an election on the question of whether or not the area designated as "D" Addition shall be annexed to the Lumberton City Administrative Unit and become a part of the same and its public school system. If the Robeson County Board of Education decides to petition the Board of County Commissioners of Robeson County for an election or referendum to be held in the above designated area, then the Board of County Commissioners of Robeson County shall conduct and hold an election or referendum in the above designated area for the purpose of determining if said area shall be annexed to the Lumberton City Administrative Unit. The said election shall be held according to the rules and regulations set forth in Article 14 of Chapter 115 of the General Statutes and particularly according to the rules governing elections set forth in G.S. 115-122. There shall be a separate election or referendum in the above described area to the end that it may be determined whether or not the area desires annexation. The ballot to be used in said election in the above described area shall have written or printed thereon the words: "FOR annexation of "D" Addition to the Lumberton City Administrative Unit and for school tax at the same rate as to the supplemental taxes levied by the Lumberton City Administrative Unit and as to the tax for the retirement of the capital improvement program of the Lumberton City Administrative Unit passed on the 16th day of April, 1963." Likewise, there shall be also printed on the same ballot the following: "AGAINST annexation of "D" Addition to the Lumberton City Administrative Unit and for school tax at the same rate as to the supplemental taxes levied by the Lumberton City Administrative Unit and as to the tax for the retirement of the capital improvement program of the Lumberton City Administrative Unit passed on the 16th day of April, 1963."

The Board of County Commissioners of Robeson County shall have the power and authority to call upon the Robeson County Board of Elections to hold or conduct such election or referendum if the said Board of County Commissioners desires to do so, and the expense of such election or referendum shall be paid by the Board of County Commissioners of Robeson County. If a majority of the qualified voters voting in the area above described shall vote in favor of the annexation and tax equalization in said area, then the said area shall be annexed to the Lumberton City Administrative Unit, and the residents of said area so annexed shall become a part of the Lumberton City Administrative Unit as to its public schools and shall pay the school taxes assessed and heretofore existing in the Lumberton City Administrative Unit, together with such other taxes as may from time to time be lawfully imposed for the use and benefit of the Lumberton City Administrative Unit. If a majority of qualified voters voting in said election in said area shall vote against annexation and equalization of taxes, then the status of said area so voting in the negative shall be the same as the status prior to the election.

Sec. 3. If the Board of Education of Robeson County shall refuse to petition the Board of County Commissioners of Robeson County for an election or referendum as set forth above, then in such case the Board of County Commissioners of Robeson County shall call an election or referendum for the purpose of presenting to the area above described the question of annexation and the assumption of a school tax at the same rate as that of the Lumberton City Administrative Unit by the residents in said area above described. The said election or referendum may be held by the County Board of Elections of Robeson County if the Commissioners request said Board to so do, and the Board of County Commissioners of Robeson County shall pay the expense of said election or referendum. The said election or referendum shall be held according to the rules and regulations set forth in Article 14 of Chapter 115 of the General Statutes, and particularly the rules governing elections set forth in G.S. 115-122. In case the said area votes for annexation to the Lumberton City Administrative Unit, the taxes referred to in this Act which are to be equalized are the supplemental taxes levied by the Lumberton City Administrative Unit as adopted in 1956, and the tax passed by the voters of the City of Lumberton for the retirement of the capital improvement program, the same having been passed on the 16th day of April, 1963, and such other taxes as may from time to time be lawfully imposed for the use and benefit of the Lumberton City Administrative Unit.

Sec. 4. If the results of said election or referendum shall be in favor of annexation in the case of the area above described, then the school taxes referred to in this Act as to the residents of the area so annexed shall be levied and collected in the same manner as the taxes for the public schools of the Lumberton City Administrative Unit as administered by the Lumberton City Board of Education. All taxes authorized to be levied and collected under this Act shall be collected by the City of Lumberton.

Sec. 5. Chapter 443 of the 1969 Session Laws is hereby repealed.

Sec. 6. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 7. 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 27th day of May, 1969.