S.L. 1977-77

1977 SESSION

CHAPTER 77

HOUSE BILL 10

AN ACT TO INCORPORATE THE TOWN OF NAVASSA IN BRUNSWICK COUNTY.

The General Assembly of North Carolina enacts:

Section 1. The inhabitants of the area described in Section 2 of this act shall be and constitute a body politic and corporate under the name of the "Town of Navassa", and shall have all the power, authority, rights, privileges or immunities conferred upon municipal corporations by the Constitution and general laws of North Carolina, and particularly Chapter 160A of the General Statutes.

Sec. 2. The corporate limits of the Town of Navassa shall be as herein described until changed as authorized by law:

"Beginning at a point of the confluence of Sturgeon Creek and the Brunswick River said beginning point being located in Northwest Township, Brunswick County, North Carolina, and thence from said beginning point in a general westerly direction with the run of Sturgeon Creek to the confluence of Sturgeon Creek and Mill Creek, thence in a general north westerly direction with the run of Mill Creek to the confluence of Mill Creek and Joes Slough, thence in a general northerly direction with the run of Joes Slough to its intersection with the northern right-of-way of State Road 1432, thence approximately north, north easterly direction approximately 3970 feet to a point on the western right-of-way of State Road 1430 at its intersection with Davis Creek, thence in a general easterly direction with the run of Davis Creek to its confluence with the Cape Fear River, thence in a general southeast direction with the Cape Fear River to its confluence with the Brunswick River, thence in a general southerly direction with the run of the Brunswick River to a point of the confluence of the Brunswick River and Sturgeon Creek, said point being the point of beginning."

Sec. 3. The Board of Commissioners of the Town of Navassa shall consist of five members. The mayor of the town shall be elected for a term of two years, and the members of the board shall be elected as herein provided for staggered terms of four years.

Sec. 4. Beginning with the regular municipal election to be held in Navassa in 1977, the three candidates for town commissioner receiving the highest number of votes shall be elected for terms of four years, and the two candidates receiving the next highest number of votes shall be elected for terms of two years. Thereafter, as the terms of each member expire, their successors shall be elected for terms of four years.

Sec. 5. The municipal elections shall be nonpartisan and decided by a simple plurality, and shall be held and conducted by the Brunswick County Board of Elections in accordance with the applicable provisions of Articles 23 and 24 of Chapter 163 of the General Statutes.

Sec. 6. The officers elected under this act shall take office on the first Monday in December following their election and qualify by taking the oath of office. The board of commissioners shall hold a regular meeting at least once a month and shall fix the time and place of its regular meetings.

Sec. 7. Until the initial election to be held in November 1977, the following persons are appointed as members of the town board of commissioners: Louis Brown, Walter Williams, O'Glatha Myers, Thomas Merrick, and William Mosley. Louis Brown is hereby appointed acting mayor of the town and shall have the right to vote on all matters before the board. The persons appointed herein shall serve until the first Monday in December 1977, and until their successors are elected and qualified.

Sec. 8. The county board of elections of Brunswick County shall hold a special election in the area defined in Section 2 of this act, and submit to the qualified voters therein the question whether the area shall be incorporated as the Town of Navassa. The question on the ballot shall be as follows:

FOR incorporation of the Town of Navassa.

AGAINST incorporation of the Town of Navassa.

If a majority of those voting vote in favor of incorporation of the Town of Navassa, then Sections 1 through 7 of this act shall become effective upon the certification of the results by the county board of elections, a copy of the certification shall be filed with the clerk of superior court of the county and with the Secretary of State.

If a majority of the votes cast be against incorporation of the Town of Navassa, then Sections 1 through 7 of this act shall be null and void.

The special election shall be held by the county board of elections within 60 days after the ratification of this act, and said election shall be held and conducted in accordance with the applicable provisions of Chapter 163 of the General Statutes of North Carolina. The board of county commissioners shall pay the expense of holding the special election.

Sec. 9. This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 14th day of March, 1977.