NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 888
SENATE BILL 367

AN ACT TO PROVIDE AN ALTERNATIVE METHOD FOR EXTENDING THE CORPORATE BOUNDARY OF THE TOWN OF FOUR OAKS IN JOHNSTON COUNTY.

The General Assembly of North Carolina do enact:

Section 1. The Board of Commissioners of the Town of Four Oaks is hereby authorized to extend the corporate boundaries of said town to include the area described in Section 3 of this Act in accordance with the authority granted by this Act. This authority shall be in addition to any other authority for extending the corporate boundaries of the town which may now or hereafter be granted by law.
Sec. 2. The Board of Commissioners of the Town of Four Oaks is hereby authorized to extend its corporate boundaries by annexing thereto the area described in Section 3 of this Act, subject to the following:
(a)	Prior to the time the County Board of Elections is ordered to conduct an election on the question of annexing the area described in Section 3 of this Act, the Board of Commissioners shall hold a public hearing for the purpose of explaining their proposal for annexation and for the purpose of giving all interested persons the opportunity to be heard regarding such proposal. Notice of this public hearing shall be given once a week for two successive weeks by publication in a newspaper having general circulation in the area proposed to be annexed and within the Town of Four Oaks. The public notice required herein shall contain a description by metes and bounds of the area described in Section 3 of this Act and the purpose, date, time and place of such hearing.
(b)	Not later than 30 days following the date of the public hearing as required in subsection (a) of this Section. The Board of Commissioners may on its own motion determine that a referendum on the question of annexing the area described in Section 3 be held and that this annexation question be submitted to a vote of the qualified voters of the area proposed to be annexed and the qualified voters within the Town of Four Oaks voting together by passage of a resolution to that effect.
(c)	After the passage of a resolution as required in subsection (b) of this Section the Board of Commissioners shall order the Board of Elections of Johnston County to call an election to determine whether or not the territory described in Section 3 of this Act shall be annexed to the town. Within 60 days after receiving such order from the Board of Commissioners, the County Board of Elections shall proceed to hold such election.
(d)	The Johnston County Board of Elections shall, upon receipt of an order from the Board of Commissioners of Four Oaks call an election as required herein by the passage of a resolution which shall (1) describe the territory proposed to be annexed; (2) provide that the question of annexation shall be submitted to a vote of the qualified voters of the territory described in Section 3 of this Act and the qualified voters of the Town of Four Oaks voting together at an election; (3) provide for a special registration of voters in the territory proposed to be annexed; (4) designate the precincts and voting places for such election; (5) name the registrar and judges for such election, and (6) make all other necessary provisions for holding and conducting such election, canvassing the returns and declaring the results thereof. Said resolution shall be published in one or more newspapers having general circulation in the area described in Section 3 of this Act and the Town of Four Oaks once a week for 30 days prior to the opening of the registration books. All costs of holding such election shall be paid by the Town of Four Oaks, and except as herein provided, said election shall be held under the same laws as are applicable to municipal elections in the Town of Four Oaks.
(e)	At the annexation election called under the authority of this Act, ballots shall be furnished upon which shall be printed the words "For extension of town limits" and "Against extension of town limits". If at such election a majority of the votes cast by the qualified voters within the area described in Section 3 of this Act and the qualified voters within the Town of Four Oaks counted together shall be "For extension of town limits" then from and after the date of the declaration of the results of such election the territory, its citizens and property shall be subject to all the debts, laws, ordinances and regulations in force in the Town of Four Oaks, and shall be entitled to the same privileges and benefits as other parts of the town. The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the date of annexation. If at such election a majority of the votes cast by the voters of the area described in Section 3 and the voters of the Town of Four Oaks counted together shall be "Against extension of town limits" then the proposed annexation shall be null and void and the Board of Commissioners shall not extend its corporate boundaries to include the area described in Section 3 of this Act.
Sec. 3. The territory authorized to be annexed to the Town of Four Oaks subject to the approval of the qualified voters at a special election as required by this Act shall include the following described territory, to wit:
BEGINNING at a point in the center of the Atlantic Coast Line Railroad, located South 68 degrees 47 minutes West 1921 feet from a concrete marker, a corner in the present corporate limits of the Town of Four Oaks, and runs thence, North 17 degrees 22 minutes East 2900.26 feet; thence North 17 degrees 21 minutes East 1405.00 feet; thence North 17 degrees 21 minutes East 1678.08 feet; thence South 78 degrees 58 minutes East 4037.30 feet; thence North 87 degrees 30 minutes East 791.63 feet; thence South 78 degrees 58 minutes East 928.52 feet; thence, South 6 degrees 20 minutes West for 4638.10 feet to the right of way of Interstate 95; thence South 77 degrees 53 minutes West 840 feet to the center of Keen Road; thence, South 51 degrees 01 minutes West for 30.0 feet to the right of way of said Keen Road, thence, along the right of way of said road South 38 degrees 59 minutes East 213.10 feet to the right of way of Interstate 95; thence, along the right of way of said Interstate Highway 95, South 58 degrees 40 minutes West 500 feet; thence South 53 degrees 09 minutes West 1617.80 feet to the center line of State Road 1162; thence South 52 degrees 04 minutes West 600 feet; thence North 51 degrees 21 minutes West 3973.96 feet; thence South 68 degrees 46 minutes West 620 feet to the point of the beginning containing 724 acres more or less. However, said area of annexations excludes and excepts the area which lies within the existing corporate limits which is as follows:
BEGINNING at a point in the northern right of way line of the Atlantic Coast Line Railroad located 40 feet West of the line between Ransom Strickland heirs and Joe Mack Barbour, an old concrete marker, a corner of the corporate limits of the Town of Four Oaks; thence, South 34 degrees 37 minutes West 182.6 feet crossing said railroad to the head of' a ditch; thence, with said ditch South 31 degrees 25 minutes East 148.5 feet; thence, South 65 degrees 39 minutes East 116.0 feet; thence, South 63 degrees 32 minutes East 75.0 feet; thence, South 46 degrees 25 minutes East 114.0 feet; thence, South 52 degrees 52 minutes East 165.0 feet; thence, down a branch South 87 degrees 03 minutes East 78.4 feet; thence, South 43 degrees 50 minutes East 90.0 feet; thence, South 47 degrees 46 minutes East 94.0 feet; thence, South 67 degrees 08 minutes East 216.30 feet; thence, North 63 degrees 52 minutes East 167.6 feet; thence, South 82 degrees 37 minutes East 59.3 feet to a corner located near State Road known as Temple Road; thence, South 62 degrees 03 minutes East 1396.02 feet to the run of Juniper Branch; thence, with the run of said branch South 18 degrees 33 minutes East 918.79 feet; thence, South 45 degrees 03 minutes East 200.2 feet; thence, to the point where Juniper Branch crosses the center line of State Road 1162; thence, along the center line of a State Road North 45 degrees 49 minutes East 958.6 feet; thence, North 31 degrees 57 minutes East 273.2 feet; thence, North 24 degrees 51 minutes East 430.3 feet; thence, North 30 degrees 47 minutes East 364.3 feet to the center line of Keen Road; thence, North 27 degrees 21 minutes West 898.0 feet to a corner at the intersection of Keen Road and old Highway 22; thence, North 3 degrees 52 minutes East 1982.83 feet to a concrete marker located on property owned by Lundy Allen, near the northeast corner of a lot owned by Charles Upchurch; thence, North 27 degrees 53 minutes West 442.50 feet to an iron stake in the line between Lundy Allen and Theodore Thornton; thence, North 22 degrees 00 minutes East 167.7 feet; thence, North 44 degrees 54 minutes East 198.1 feet; thence, North 17 degrees 33 minutes East 232.55 feet; thence, North 1 degree 50 minutes East 394.15 feet; thence, North 14 degrees 30 minutes East 172.90 feet; thence, South 78 degrees 14 minutes West 208.45 feet; thence South 58 degrees 57 minutes West 208.93 feet; thence, South 47 degrees 56 minutes West 1511.8 feet; thence, South 47 degrees 56 minutes West 151.8 feet; thence, South 61 degrees 01 minute West 174.24 feet; thence, South 81 degrees 12 minutes West 93.10 feet; thence, North 27 degrees 48 minutes West 223.28 feet to a concrete marker on the James Wellons land; thence, South 71 degrees 39 minutes West 2276.45 feet to an oak tree at the corner of a lot owned by Alma Stevenson on the East side of State Road 1162; thence, South 10 degrees 46 minutes West 2579.88 feet to the point of beginning containing 314.47 acres.
The area to be annexed contains 410 acres, according to a survey of proposed corporate city limits; and existing corporate city limits, made by J. L. Blackmon, P. E., and dated April 3, 1967.
Sec. 4. In the event the corporate boundaries of the Town of Four Oaks are extended in accordance with this Act, it shall be the duty of the Mayor to cause an accurate map of such annexed territory, together with a copy of the official results of the election, to be recorded in the office of the Register of Deeds of Johnston County, and forwarded to the Secretary of State of North Carolina.
Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 6. This Act shall apply only to the Town of Four Oaks in Johnston County.
Sec. 7. This Act shall be in full force and effect upon its ratification.
In the General Assembly read three times and ratified, this the 22nd day of June, 1967.