NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 601

HOUSE BILL 1283

 

AN ACT TO AUTHORIZE ELECTIONS IN THE TOWN OF LITTLETON TO DETERMINE WHETHER THE TOWN SHALL BE TOTALLY LOCATED IN WARREN OR HALIFAX COUNTY.

 

The General Assembly of North Carolina enacts:

 

Section 1. On the first Tuesday in August, 1973, the Halifax County Board of Elections shall hold and conduct an election in all of the Town of Littleton on the question of whether the Town shall be located totally within Warren or Halifax County. The Board of Elections shall cause a notice of the election to be published once a week for two successive weeks in a newspaper qualified for legal advertising having a general circulation in the Town no less than 30 days prior to the date on which the registration books are required to be closed. Any citizen of the Town of Littleton who is already registered or who registers prior to the election shall be permitted to vote in the election. No new registration shall be required. Except as otherwise provided in this act, the registration of voters and the election shall be conducted in accordance with the applicable provisions of the general laws pertaining to municipal elections.

The ballot shall be substantially in the following form:

 

FOR changing the County line so that the Town of Littleton shall be totally within either Warren or Halifax County.

 

AGAINST changing the County line so that the Town of Littleton shall be totally within either Warren or Halifax County.

 

Sec. 2. If the majority of votes cast are "AGAINST changing the County line so that Littleton shall be totally within either Warren or Halifax County", then this act shall be null and void. If the majority of votes cast are "FOR changing the County line so that Littleton shall be totally within either Warren or Halifax County", then a special election shall be held at the same time as the regular municipal election to be held in Littleton in November, 1973, on the question of whether the Town shall be located totally in Warren County or Halifax County. The Halifax County Board of Elections shall hold and conduct the special election in the same manner and in accordance with the provisions of Section 1 of this act.

The ballot shall be substantially as follows:

 

Issue No. 1. FOR changing the county line so that the Town of Littleton shall be totally within Warren County.

 

Issue No. 2. FOR changing the county line so that the Town of Littleton shall be totally within Halifax County.

 

Instructions on the ballot shall inform the voter that he may vote for only one issue.

Sec. 3. If a majority of the votes cast are in favor of Issue No. 1, then that portion of the county line between Warren and Halifax Counties shall be changed so that that area within the present corporate limits of the Town of Littleton previously within Halifax County shall become and hereafter be a part of Warren county, subject to the provisions of Section 4 of this act.

If a majority of the votes cast are in favor of Issue No. 2, then that portion of the county line between Warren and Halifax Counties shall be changed so that that area within the present corporate limits of the Town of Littleton previously within Warren County shall become and hereafter be a part of Halifax County, subject to the provisions of Section 4 of this act.

Sec. 4. Upon determination of the result of the November election held under Section 2 of this act, then the following provision shall apply:

(a)       The County line shall be changed as described in Section 3 of this act effective July 1, 1974, and thereafter the present corporate limits of the Town of Littleton shall be totally in the County receiving the favorable vote in the November election.

(b)       On and after July 1, 1974, all papers, documents and instruments required or permitted to be filed or registered, involving citizens and property in the Town of Littleton, shall be recorded in the County wherein the Town is totally located.

(c)       All public records relating to citizens and property in the Town of Littleton which were filed or recorded prior to July 1, 1974, shall remain in the County where filed or recorded, and such records shall be valid public records as to the property and persons involved even though they are recorded in the County where the property is no longer located.

(d)       On and after January 1, 1974, property in the Town of Littleton shall be listed for taxes in the County in which the Town shall be totally located beginning July 1, 1974. Any unpaid taxes or tax liens due or held by the County from which a portion of the Town of Littleton has been removed shall continue to be valid and enforceable by that County.

(e)       No cause of action, including criminal actions, involving persons or property in that portion of the Town of Littleton which has been changed as herein provided, and which is pending on July 1, 1974, shall be abated, and such action shall continue in the County where instituted.

Sec. 5. In the event Issue No. 1 receives a favorable vote, then that portion of the Town of Littleton which was formerly in Halifax County and which was a part of the Northwest Hospital District of Halifax County, is hereby removed from the Hospital District on July 1, 1974.

In the event Issue No. 2 receives a favorable vote, then that portion of the Town of Littleton which was formerly in Warren County shall become a part of the Northwest Hospital District of Halifax County on July 1, 1974.

Sec. 6. The County Board of Elections in the County from which a portion of Littleton is removed shall immediately after July 1, 1974, transfer the voter registration records, pertaining to that portion of the Town of Littleton which was removed, to the County Board of Elections in the other County and thereafter the registered voters so transferred shall be validly registered in the County to which they were removed.

Sec. 7. The conduct of municipal elections within the Town of Littleton subsequent to July 1, 1974, shall be in accordance with the option previously exercised to have the Halifax County Board of Elections conduct its elections. Provided, that if the Town of Littleton becomes a part of Warren County, then the Town of Littleton shall, within 60 days, exercise the options provided for in Chapter 163, Article 23 of the North Carolina General Statutes, in respect to conduct of its municipal elections.

Sec. 8. The Jury Commission of each county shall revise its jury list to add to or eliminate therefrom those persons subject to jury duty who reside in the Town of Littleton; said revised jury list to be effective July 1, 1974.

Sec. 9. The County Alcoholic Beverage Control Board of the county from which the Town of Littleton is removed shall, after July 1, 1974, not be permitted to engage in business within the Town of Littleton.

Sec. 10. In the event the Town of Littleton becomes located in one county, then the Town shall not, without the permission of the General Assembly, annex any territory in any county other than that in which it is located.

Sec. 11. Public officials who reside in the Town of Littleton, and who hold a county officer in the county from which the Town of Littleton is removed, shall continue to hold office until the expiration of their present term of office.

Sec. 12. The present corporate limits of the Town of Littleton are as follows:

BEGINNING at a point which is due North 900 yards from a point in the present Warren and Halifax County line on the south side of the Seaboard Coast Line Railroad, marked by a stone; thence along a regular curve with a 900 yard radius in a southeasterly direction 4272.5 feet to a point which is due East 900 yards from said stone in the present Warren and Halifax County line, on the south side of said Railroad; thence along a regular curve in a southwesterly direction 5097.7 feet, more or less, to a point which is due South 1320 yards from said stone in the present Warren and Halifax County line on the south side of said railroad; thence along a regular curve in a northwesterly direction 5097.7 feet, more or less, to a point which is due West 900 yards from said stone in the present Warren and Halifax County line on the south side of said Railroad; thence along a regular curve with a 900 yard radius in a northeasterly direction 4272.5 feet to the point of beginning.

Sec. 13. The Board of Elections shall certify the results of the November 1973 election to the Clerk of Court of Halifax and Warren Counties and to the Secretary of State and the results shall be filed in the permanent records of each office.

Sec. 14. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of May, 1973.