GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 614
Committee Substitute Favorable 5/6/97

Short Title:  Swift Creek Incorporated.	(Local)

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Sponsors:

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Referred to:  

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March 26, 1997

A BILL TO BE ENTITLED
AN ACT TO INCORPORATE THE VILLAGE OF SWIFT CREEK.
The General Assembly of North Carolina enacts:
Section 1.  A charter of the Village of Swift Creek is enacted as follows:
"THE CHARTER OF THE VILLAGE OF SWIFT CREEK.
"CHAPTER I.
"INCORPORATION AND CORPORATE POWERS.
"Section 1-1.  Incorporation and Corporate Powers.  The inhabitants of the Village of Swift Creek are a body corporate and politic under the name ‘Village of Swift Creek'.  Under that name they have all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the general law of North Carolina, except that the Village of Swift Creek shall permit North Carolina State University to continue to operate and to expand existing research farm operations, known as the Lake Wheeler Road Field Laboratories, on those lands owned by the State of North Carolina, or leased or otherwise provided to the university for its use.  The General Assembly intends by this act to assist in fulfilling the broad public purpose of environmental preservation, protection of watersheds, and enhancement of natural resources.
"CHAPTER II.
"CORPORATE BOUNDARIES.
"Sec. 2-1.  Village Boundaries.  Until modified in accordance with the law, the boundaries of the Village of Swift Creek are as follows:
In Wake County, beginning at the intersection of Tryon Road and Lake Wheeler Road, thence following Lake Wheeler Road in a direction generally south to where it crosses Middle Creek, thence following Middle Creek in a direction generally west to its intersection with Rocky Branch, thence following Rocky Branch in a direction generally north to where it crosses Holly Springs Road, thence following Holly Springs Road generally southwest to its intersection with Kildaire Farm Road, thence following Kildaire Farm Road in a direction generally north to the northwest corner of Wake County parcel 0760064109, thence following the northern boundaries of Wake County parcels 0760064109, 0760065159, 0760161037, 0760164130, and 0760166148, easterly to the northeast corner of Wake County Parcel 0760166148 thence following the eastern boundaries of Wake County Parcels 0760166148, 0760167046, 0760157945, 0760157854, 0760156790, 0760157662, and 0760158428 southerly to Wake County Parcel 0760159388, thence following the northern boundaries of Wake County Tax Parcels 0760159388, 0760251434, and 0760253495 to Surry Ridge Circle, thence following that same line across Surry Ridge Circle to the northwest corner of Wake County Parcel 0760257443, thence following the northern boundary of Wake County Parcels 0760257443, 0760350476, and 0760354421 east to the northeast corner of Wake County Parcel 0760354421, thence following the eastern boundary of Wake County Parcel 0760354421 south to the northern boundary of Wake County Parcel 0760355221, thence along the northern boundaries of Wake County Parcels 0760355221, and 0760356240 east to where that line intersects Wake County Parcel 0760450236, thence following the northern boundary of Wake County Parcel 0760450236 east, north, and east to the intersection with Wake County Parcel 0760452485, thence following the western boundary of Wake County Parcel 0760452485 in a generally northeast direction to its intersection with Arthur Pierce Road, thence following Arthur Pierce Road in a direction generally southeast to its intersection with Holly Springs Road, thence following Holly Springs Road in a direction generally northeast to its intersection with the extraterritorial zoning jurisdiction of the Town of Cary as it existed on March 26, 1997, thence following the extraterritorial zoning jurisdiction of the Town of Cary as it existed on March 26, 1997, generally east to its intersection with Campbell Road, thence following Campbell Road north to Tryon Road, thence following Tryon Road in a direction generally east to the point and place of BEGINNING.  This description includes all named roads to their outer right-of-way, but excludes any area which on January 1, 1997, was within the corporate limits of the Town of Cary, the Town of Holly Springs, or the City of Raleigh.
"CHAPTER III.
"GOVERNING BODY.
"Sec. 3-1.  Structure of the Governing Body; Number of Members.  The governing body of the Village of Swift Creek is the Board of Aldermen which has five members.
"Sec. 3-2.  Manner of Electing Board.  The qualified voters of the entire Village nominate and elect the Board.
"Sec. 3-3.  Term of Office of Board Members.  Except for the initial Board, members of the Board are elected to four-year terms.  In 1999, five members shall be elected to the Board.  The three members receiving the highest number of votes shall serve four-year terms.  The two receiving the next highest number of votes shall serve two-year terms.  In 2001, and quadrennially thereafter, two members shall be elected to the Board.  In 2003, and quadrennially thereafter, three members shall be elected to the Board.
"Sec. 3-4.  Mayor; Term of Office.  The Mayor shall be selected by the qualified voters of the Village.  The Mayor shall be elected in 1999 and quadrennially thereafter for a four-year term.  The Mayor shall vote on all issues before the council unless excused under G.S. 160A-75.
"CHAPTER IV.
"ELECTIONS.
"Sec. 4-1.  Method.  Board members shall be elected on a nonpartisan plurality basis and the results determined in accordance with G.S. 163-292.
"Sec. 4-2.  Results.  Election results shall be determined by the Wake County Board of Elections according to Chapter 163 of the General Statutes.
"Sec. 4-3.  General Law.  Except as provided by this Charter, town election shall be conducted in accordance with Chapter 163 of the General Statutes.
"CHAPTER V.
"ADMINISTRATION.
"Sec. 5-1.  Mayor-Board Plan.  The Village of Swift Creek shall operate under the Council-Manager Plan as provided in Part 2 of Article 7 of Chapter 160A of the General Statutes."
Section 2.  (a) From and after the effective date of this act, the citizens and property in the Village of Swift Creek  shall be subject to municipal taxes levied for the year beginning July 1, 1998, and for that purpose the Village shall obtain from Wake County a record of property in the area herein incorporated which was listed for taxes as of January 1, 1998, and the businesses in the Village shall be liable for privilege license tax from the effective date of the privilege license tax ordinance.
(b)	The Village may adopt a budget ordinance for fiscal years 1998-99 and 1999-2000 without following the timetable in the Local Government Budget and Fiscal Control Act, but shall follow the sequence of actions in the spirit of the act insofar as is practical.  For fiscal year 1998-99, ad valorem taxes may be paid at par or face amount within 90 days of adoption of the budget ordinance, and thereafter in accordance with the schedule in G.S. 105-360 as if the taxes had been due and payable on September 1, 1998.
Section 3.  The Wake County Board of Elections shall conduct a special election on November 3, 1998, for the purpose of submission to the qualified voters of the area described in Section 2-1 of the Charter of the Village of Swift Creek the question of whether or not such area shall be incorporated as the Village of Swift Creek.  Registration for the election shall be conducted in accordance with G.S. 163-288.2.
Section 4.  In the election, the question on the ballot shall be:
"[ ] FOR    [ ] AGAINST
Incorporation of the Village of Swift Creek".
Section 5.  (a) In the election, if a majority of the votes are cast "For incorporation of the Village of Swift Creek", Sections 1 and 2 of this act shall become effective on the date of the organizational meeting of the Board of Aldermen in 1999 as established under subsection (b) of this section.  Otherwise, those sections shall have no force and effect.
(b)	If Sections 1 and 2 of this act become effective, rather than being on the Tuesday after the first Monday in November of 1999, the initial election for the Mayor and Board of Aldermen shall be a date in February or March of 1999 established by the Wake County Board of Elections which shall establish a special candidate filing period.  The organizational meeting of the Board of Aldermen shall be on Tuesday following the initial election at a time and place established by the Wake County Board of Elections.  As provided in Sections 3-3 and 3-4 of the Charter, initial terms shall expire at the organizational meetings in 2001 and 2003.
Section 6.  This act is effective when it becomes law.