GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 24
State and Local Government Committee Substitute Adopted 3/5/01

Short Title:	West Norman Incorporation.	()	
Sponsors:	     	
Referred to:	     	
February 1, 2001

A BILL TO BE ENTITLED
AN ACT TO INCORPORATE THE TOWN OF WEST NORMAN SUBJECT TO A REFERENDUM. 

The General Assembly of North Carolina enacts:
SECTION 1.  A Charter for the Town of West Norman is enacted to read:
"CHARTER OF THE TOWN OF WEST NORMAN.
"ARTICLE I.
"INCORPORATION AND CORPORATE POWERS.
"Section 1.1. Incorporation and Corporate Powers. The inhabitants of the Town of West Norman are a body corporate and politic under the name 'Town of West Norman'. The Town of West Norman has all the powers, duties, rights, privileges, and immunities conferred and imposed on cities by the general laws of North Carolina.
"ARTICLE II.
"CORPORATE BOUNDARIES.
"Section 2.1. Town Boundaries. Until modified in accordance with law, the boundaries of the Town of West Norman are as follows: 

Starting at the center of the Catawba River Bridge and the north right‑of‑way of Highway 73 and the east boundary of Lincoln County, west along the north right‑of‑way of Highway 73 to the intersection of South Pilot Knob Road; southwest along the northwest right‑of‑way of South Pilot Knob Road to the intersection of the Boundary of Waterside Crossing property; south along the boundary line of Waterside Crossing property south of South Pilot Knob Road to the southwest corner of Waterside Crossing property and the northwest right‑of‑way of South Pilot Knob Road; southwest along the northwest right‑of‑way of South Pilot Knob Road to the intersection of South Little Egypt Road; thence northwest along the northeast right‑of‑way of South Little Egypt Road crossing Highway 16 to the southeast intersection of Oxford Hunt property and South Little Egypt Road; southwest along the boundary of Oxford Hunt property to include all Oxford Hunt property southwest of South Little Egypt Road and back to the intersection of the west side of Oxford Hunt property and the northeast right‑of‑way of South Little Egypt Road, then northwest along the northeast right‑of‑way of South Little Egypt Road to the intersection of the north right‑of‑way of Highway 73 thence west along the north right‑of‑way of Highway 73 to the intersection of Schronce Road and Highway 73; thence, northeast along the southeast right‑of‑way of Schronce Road to Ingleside Farm Road to the intersection of Schronce Road and the northeast right of way on North Ingleside Farm Road. Thence northwest along the northeast right‑of‑way of North Ingleside Farm Road to the intersection of the Michael R. Newsom property line. Thence along the north side of this property line to Snyder Creek, north along Snyder Creek to the point where the Edward H. Knox property joins Snyder Creek. Northwest, then northeast along the Edward H. Knox property line to Kidville Road and the intersection of Kidville Road and the Kidville Road‑N.C. 16 Bypass LLC property line. Then northwest, northeast and southeast along the Kidville Road‑N.C. 16 Bypass LLC property line to the St. James United Methodist Church property line. Then along this line to southeast right-of-way of St. James Church Road. North along east right‑of‑way of St. James Church Road to the intersection with the Catawba Springs Hunters Club property. Then east, south, northeast and south along the Catawba Springs Hunters Club property to the intersection with the CSX Railroad. Then north along the CSX Railroad right-of-way to the S.A. Howard Jr. property, east along this property line and across Highway 16 east right‑of‑way. North along the Highway 16 east property line to the south right-of-way of Webbs Road right‑of‑way; thence along the south right‑of‑way of Webbs Road to the intersection of Burton Lane and Webbs Road; then north along the east right‑of‑way of Burton Lane to the intersection of Burton Lane and the northwest corner of Crescent Resources property; thence east along the north boundary of Crescent Resources property to the east boundary of Lincoln County in Lake Norman; thence south along the east boundary of Lincoln County in Lake Norman to include the Cowans Ford Hydroelectric Plant and south to the starting point at the east boundary of Lincoln County and the north right‑of‑way of Highway 73 on the Catawba River Bridge.
"ARTICLE III.
"GOVERNING BODY.
"Section 3.1. Structure of Governing Body; Number of Members. The governing body of the Town of West Norman is the Town Council, which shall have five members and the Mayor.
"Section 3.2. Temporary Officers. Until the initial elections of 2003 provided for by Section 4.1 of this Charter, Larry Olmsted is hereby appointed Mayor, and Jack G. McCachern, Thomas McGuire, Gregory H. Coffey, Leonard McPherson, and Celeste I. Renaldo are appointed members of the Town Council. They shall possess and exercise the powers granted to the governing body until their successors are elected or appointed and qualified pursuant to this Charter. If any person named in this section is unable to serve, the remaining temporary officers shall, by majority vote, appoint a person to serve until the regular municipal elections are held in 2003.
"Section 3.3. Manner of Electing Town Council; Term of Office. The qualified voters of the entire Town shall elect the members of the Town Council and, except as provided in this section, they shall serve four‑year terms. In 2003, the three candidates receiving the highest numbers of votes shall be elected to four‑year terms and the two candidates receiving the next highest numbers of votes shall be elected to two‑year terms. In 2005, and quadrennially thereafter, two members shall be elected to four‑year terms. In 2007, and quadrennially thereafter, three members shall be elected to four‑year terms.
"Section 3.4. Manner of Electing Mayor; Term of Office. The qualified voters of the entire Town shall elect the Mayor. In 2003, and biennially thereafter, the Mayor shall be elected for a term of two years.
"ARTICLE IV.
"ELECTIONS.
"Section 4.1. Conduct of Town Elections. Elections shall be conducted on a nonpartisan basis and results determined by a plurality as provided in G.S. 163‑292.
"ARTICLE V.
"ADMINISTRATION.
"Section 5.1. Town to Operate Under Council‑Manager Plan. The Town shall operate under the Council‑Manager form of government as provided in Part 2 of Article 7 of Chapter 160A of the General Statutes."
SECTION 2.(a) The whole or any portion of the Denver Fire Protection District and the East Lincoln Fire Protection District that is located within the boundaries of the Town of West Norman upon the effective date of this act shall remain a fire protection district or portion of a fire protection district and the district or portion shall be subject to G.S. 69‑25.4 authorizing the Lincoln County Board of Commissioners to levy and collect a tax in the district or portion for the purpose of furnishing fire protection therein.
SECTION 2.(b) G.S. 69‑25.15 shall not apply to the Town of West Norman.
SECTION 2.(c) Upon the adoption of an ordinance by the governing body of the Town of West Norman finding that the Town is able to establish a fire and rescue department staffed either by volunteers or by full‑time professional employees, or to otherwise adequately provide for fire protection and rescue services, the whole or any portion of the Denver Fire Protection District and the East Lincoln Fire Protection District that is located within the boundaries of the Town of West Norman shall immediately cease to be a fire protection district or portion of a fire protection district and the district or portion shall no longer be subject to G.S. 69‑25.4. Any ordinance adopted under this subsection shall become effective on the first day of July which is more than 60 days after adoption of the ordinance.
SECTION 3.  From and after the effective date of this act, the citizens and property in the Town of West Norman shall be subject to municipal taxes levied for the year beginning July 1, 2001.  For that purpose the Town shall obtain from Lincoln County a record of property in the area herein incorporated which was listed for property taxes as of January 1, 2001.  The Town may adopt a budget ordinance for fiscal year 2001‑2002 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 2001‑2002, 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.  If the effective date of the incorporation is prior to July 1, 2001, the Town may adopt a budget ordinance for fiscal year 2000‑2001 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 practical.  No ad valorem taxes may be levied for the 2000‑2001 fiscal year. 
SECTION 4.  The Lincoln County Board of Elections shall conduct an election on a date set by the Board, to be not less than 60 nor later than 120 days after this act becomes law, for the purpose of submission to the qualified voters for the area described in Section 2.1 of the Charter of the Town of West Norman the question of whether or not the area shall be incorporated as the Town of West Norman. Registration for the election shall be conducted in accordance with G.S. 163‑288.2.
SECTION 5.  In the election, the question on the ballot shall be:
" [ ] FOR 	[ ] AGAINST
Incorporation of the Town of West Norman".
SECTION 6.  In the election, if a majority of the votes are cast "For the Incorporation of the Town of West Norman", Sections 1 through 3 of this act shall become effective on the date that the Lincoln County Board of Elections certifies the results of the election.  Otherwise, Sections 1 through 3 of this act shall have no force and effect.
SECTION 7.  This act is effective when it becomes law.