NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION
CHAPTER 531
SENATE BILL 349
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF TARBORO AND TO REPEAL PRIOR CHARTER ACTS.
The General Assembly of North Carolina do enact:
Section 1. The Charter of the Town of Tarboro is hereby revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF TARBORO
"ARTICLE I. INCORPORATION AND CORPORATE POWERS
"Section 1.1. Incorporation and General Powers. The Town of Tarboro shall continue to be a body politic and corporate under the name of the Town of Tarboro, and shall continue to be vested with all property and rights which now belong to the town; shall have perpetual succession; may have a common seal and alter and renew the same at pleasure; may sue and be sued; may contract; may acquire and hold all such property, real and personal, as may be given, devised, bequeathed, sold or in any manner conveyed or dedicated to it, or otherwise acquired by it, and may from time to time hold or invest, sell, or dispose of the same; and shall have and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature; provided, however, that no sale of any part of the town common lying North of Saint Joshua or Wilson Streets shall be valid unless made in pursuance of special powers given hereafter by the General Assembly; and provided further, that no use or occupation of any portion of said town commons, by way of easement or otherwise, shall ever give any right by prescription.
"Sec. 1.2. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees, shall be carried into execution as provided by this Charter, or, if this Charter makes no provision, as provided by ordinance or resolution of the Town Council and as provided by the general laws of North Carolina pertaining to municipal corporations.
"Sec. 1.3. Enumerated Powers Not Exclusive. The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein or implied hereby, or those appropriate to the exercise of such powers, the Town of Tarboro shall have and may exercise all powers which are granted to municipal corporations by the general laws of North Carolina and all powers which, under the Constitution of North Carolina, it would be competent for this Charter specifically to enumerate.
"Sec. 1.4. Form of Government; Certain General Laws Not Applicable. The form of government of the Town of Tarboro shall be the Council Manager form, as specified in this Charter. None of the provisions of Part 4 of Article 22 of Chapter 160 of the General Statutes as now written or hereafter amended shall be applicable to the Town of Tarboro.
"ARTICLE II. CORPORATE BOUNDARIES AND WARDS
"Section 2.1. Existing and Corporate Boundaries. The corporate boundaries of the Town of Tarboro shall be as follows until changed in accordance with law: Beginning at the mouth of Hendricks Creek on Tar River; thence up said creek to the southern right of way line of the old East Carolina Railroad; thence along and with the southern right of way line of said railroad the following courses and distances: South 87 degrees 06 minutes West 100 feet, South 77 degrees 57 minutes West 208.9 feet, South 67 degrees 42 minutes West 1,522 feet, South 69 degrees 50 minutes West 253 feet, South 74 degrees 10 minutes West 188.5 feet, South 76 degrees 06 minutes West 80 feet, South 77 degrees 17 minutes West 100 feet, South 79 degrees 25 minutes West 1,525.0 feet, South 77 degrees 17 minutes West 100 feet, South 73 degrees 55 minutes West 100 feet, South 70 degrees 49 minutes West 100 feet, South 67 degrees 49 minutes West 100 feet, South 64 degrees 42 minutes West 100 feet, South 62 degrees 13 minutes West 100 feet, South 58 degrees 35 minutes West 100 feet, South 55 degrees 42 minutes West 100 feet, and South 52 degrees 55 minutes West 100 feet to the intersection of said railroad right of way line with the western right of way line of Saint James Street, Extended, (U. S. Highway No. 258), cornering; thence running along and with the western right of way line of said Saint James Street, Extended, North 22 degrees 16 minutes East 543.0 feet to the southeastern corner of the property described in a deed to Billy D. Dew recorded in Book 712, page 141 of the Edgecombe Public Registry, cornering; thence running along and with the southern property line of said property described in said deed, North 67 degrees 25 minutes West 210.0 feet, cornering; thence running North 22 degrees 35 minutes East 390.0 feet to the southern property line of Tom Walters, cornering; thence running along and with said Walters southern property line North 67 degrees 25 minutes West 660.4 feet to the center line of a small creek sometimes known as Holly's Creek and which empties into Hendricks Creek, thence down the center and with the meanders of said creek the following courses and distances: North 26 degrees 42 minutes East 92.85 feet, North 37 degrees 38 minutes East 240.9 feet, South 47 degrees 16 minutes East 168.76 feet, North 81 degrees 22 minutes East 133.65 feet, North 20 degrees 51 minutes East 230.0 feet, North 84 degrees 48 minutes East 109.9 feet and North 69 degrees 11 minutes East 112.58 feet to the intersection of the western property line of Beverly Bridgers Short and the center of said creek, cornering; thence running along and with the western property line of Beverly Bridgers Short and across Wilson Street, Extended, North 25 degrees 20 minutes West 591.0 feet to a point 200 feet North of the northern right of way line of Wilson Street, Extended, cornering; thence running in a line parallel to and 200 feet North from the northern right of way line of Wilson Street, Extended, North 64 degrees 40 minutes East 1,862.3 feet to the property line of Hilma Park, cornering; thence along and with the property line of Hilma Park the following courses and distances: North 18 degrees 43 minutes West 63.7 feet, North 65 degrees 02 minutes East 143 feet, North 16 degrees 17 minutes East 81 feet, North 65 degrees 17 minutes East 130 feet and North 0 degrees 32 minutes East 815 feet to a stake on Hendricks Creek, thence up the center and with the meanders of said creek to a point 130 feet South of the center line of Howard Avenue, thence running parallel to Howard Avenue South 73 degrees 33 minutes West 644.3 feet, and South 71 degrees 20 minutes West 646.36 feet to the center line of a small run, thence along and up the center of said run, being the rear property line of lots facing Howard Avenue which comprise Block H as the same appears on a map of Speight Forest recorded in Map Book 9, page 13, Edgecombe Public Registry, the following courses and distances: South 44 degrees 54 minutes West 150.6 feet, South 77 degrees 25 minutes West 75.4 feet, South 47 degrees 24 minutes West 165.2 feet, South 57 degrees 07 minutes West 236.2 feet, South 48 degrees 25 minutes West 133.5 feet, South 68 degrees 26 minutes West 158.2 feet, South 75 degrees 47 minutes West 257.8 feet, North 66 degrees 10 minutes West 296.8 feet, North 88 degrees 23 minutes West 87.2 feet, South 57 degrees 55 minutes West 63.8 feet, North 85 degrees 35 minutes West 154.2 feet, South 57 degrees 40 minutes West 146.3 feet, South 61 degrees 53 minutes West 72.0 feet and South 39 degrees 27 minutes West 195.9 feet to a point 240 feet South of the center line of Howard Avenue, thence South 71 degrees 31 minutes West continuing with the South property line of lots facing Howard Avenue, crossing Meredith Avenue, a total distance of 1,051.3 feet to the southwest corner of Lot 43 of Block G of Speight Forest as the same appears on a map of Speight Forest recorded in Map Book 9, page 13, Edgecombe Public Registry, thence running along and with the western line of said Lot 43 of Block G North 18 degrees 29 minutes West 10 feet, cornering; thence South 71 degrees 31 minutes West 280 feet to the southwest corner of the property described in a deed to Billy David Doughtie recorded in Book 651, page 328, Edgecombe Public Registry, thence along the western property line of said Doughtie property North 18 degrees 29 minutes West 200 feet to the southern right of way line of Howard Avenue, Extended, thence along the said southern right of way line of Howard Avenue, Extended, South 71 degrees 31 minutes West 668.0 feet, cornering; thence crossing Howard Avenue and continuing along the eastern line of Van Anderson and the western line of Speight Forest as the same appears on maps recorded in Map Book 9, page 27 and Map Book 7, page 58, Edgecombe Public Registry, North 04 degrees 54 minutes East 2,279.8 feet to the northwest corner of Lot 52 Block N of Speight Forest as the same appears on a map recorded in Map Book 9, page 27, Edgecombe Public Registry, cornering; thence running along the southern line of Van Anderson and the northern line of Speight Forest as the same appears on said map recorded in Map Book 9, page 27, Edgecombe Public Registry, the following courses and distances: North 86 degrees 09 minutes East 253.0 feet, North 85 degrees 43 minutes East 74.2 feet, North 79 degrees 21 minutes East 201.8 feet, North 74 degrees 28 minutes East 100.1 feet, North 73 degrees 02 minutes East 200.1 feet, North 71 degrees 36 minutes East 200.0 feet, and North 71 degrees 29 minutes East 349.75 feet to the southwest corner of lot 16 of Block X of Speight Forest subdivision as the same appears on a map recorded in Map Book 11, page 1, of the Edgecombe Public Registry; thence along and with the western line of said Block X North 35 degrees 07 minutes East 1,461.5 feet to the southern right of way line of Sunset Avenue, if extended, thence along and with the western line of Greenfield Subdivision North 35 degrees 35 minutes East 597.02 feet and North 5 degrees 28 minutes East 262.5 feet to a stake set in concrete on the South side of North Carolina State Road No. 1215, thence crossing said road North 5 degrees 02 minutes East 30 feet, thence in a line parallel to the Atlantic Coast Line Railroad tracks South 77 degrees 49 minutes East 192 feet, thence crossing said railroad North 12 degrees 52 minutes East 999.4 feet to the northern property line of the F. S. Royster Fertilizer Company, thence along this line and the line of the old Southern Cotton Oil Company South 50 degrees 18 minutes East 268 feet and South 52 degrees 03 minutes East 346.7 feet to the land of the C. J. Austin Estate, thence with the Austin line and the line of the old Southern Cotton Oil Company South 40 degrees 39 minutes East 173.7 feet, South 49 degrees 25 minutes East 497.2 feet and South 46 degrees 13 minutes East 528.2 feet to the northern right of way line of the Atlantic Coast Line Railroad; thence along and with the northern right of way line of said railroad in an easterly direction to the eastern right of way line of Cedar Street, thence along and with the eastern right of way line of Cedar Street North 39 degrees 09 minutes West 274 feet to a four-inch steel pipe in a corner of Lot 43 of Fairview Park as the same appears on a map recorded in Map Book 7, page 1, Edgecombe Public Registry, thence North 8 degrees 33 minutes East 841.9 feet to a point in the northern right of way line of Hope Lodge Street, said point being located North 68 degrees 23 minutes East 33.2 feet from the southeast corner of the property of Mayo Knitting Mills, Inc., thence along the northern right of way line of Hope Lodge Street South 68 degrees 23 minutes West 33.2 feet to the southeast corner of the property of Mayo Knitting Mills, Inc., thence with the eastern property line of the Mayo Knitting Mills, Inc., being also the western right of way line of Austin Street, North 21 degrees 37 minutes West 650 feet, cornering; thence with the northern line of the Mayo Knitting Mills, Inc., South 68 degrees 23 minutes West 404.4 feet, cornering; thence with the western line of Mayo Knitting Mills, Inc., South 21 degrees 37 minutes East 650 feet to the northern right of way line of Hope Lodge Street, cornering; thence along the northern right of way line of Hope Lodge Street South 68 degrees 23 minutes West 1,112.5 feet to the West property line of North Tarboro School, thence along the western property line of the North Tarboro School North 21 degrees 37 minutes West 1,088 feet, cornering; thence North 68 degrees 23 minutes East along the northern property line of North Tarboro School 800 feet to a stake in the eastern property line of the North Tarboro School, thence North 68 degrees 23 minutes East 1,162.5 feet, cornering; thence running in a line parallel to and 660 feet from U. S. Highway No. 64 and 200 feet West of Sherwood Avenue North 21 degrees 35 minutes West 1,573.82 feet to the point of curvature of a curve with a left deflection of 35 degrees 29 minutes, a tangent distance of 249.68 feet, and a radius of 780 feet; thence with said curve in a northerly direction a curve distance of 428.75 feet to the point of tangency of said curve; thence running in a line parallel to and 660 feet South of U. S. Highway No. 64 and 200 feet South of Sherwood Avenue North 57 degrees 04 minutes West 3,518.55 feet to a point in the common property line of David R. Sugg, and Austin Property, cornering; thence and along with the said Austin property line North 38 degrees 56 minutes East, continuing to the northern right of way line of U. S. Highway No. 64, a corner with the property of Edgecombe County, a total distance of 724.4 feet, thence along and with the western line of said county property, North 39 degrees 01 minute East 1,807.0 feet to the southern bank of the Tar River, cornering; thence along the southern bank of the Tar River South 68 degrees 38 minutes East 426.0 feet, cornering; thence continuing with the Edgecombe County property line the following courses and distances: South 39 degrees 01 minute West 813.0 feet, South 60 degrees 59 minutes East 335.0 feet, South 50 degrees 59 minutes East 203.0 feet, North 39 degrees 01 minute East 164.4 feet, South 56 degrees 59 minutes East 700.0 feet and South 39 degrees 01 minute West 534.4 feet to the northern property line of the Tarboro Professional Building, Inc., thence along and with said northern property line South 56 degrees 59 minutes East 300.0 feet, to the northeast corner of the Tarboro Professional Building, Inc., cornering; thence with the eastern line of the Tarboro Professional Building, Inc., South 39 degrees, 01 minute West 150.0 feet to the northwest corner of Lot 1 of the Elizabeth H. Baker Heirs Subdivision as the same appears on a map recorded in Map Book 13, page 8, Edgecombe Public Registry, cornering; thence along and with the northern line of said Lot 1 South 52 degrees 42 minutes East 235.56 feet to the western line of Brandon Avenue, thence South 39 degrees 44 minutes East 81.25 feet to the eastern line of Brandon Avenue, thence with the northern line of Lot 1, Block C, of Section 2 of Belvedere Subdivision, as the same appears on a map recorded in Map Book 11, page 141, of the Edgecombe Public Registry, South 86 degrees 44 minutes East 132.4 feet to the northwest corner of the lot described in a deed to H. V. Vick, et ux, recorded in Book 693, page 357, Edgecombe Public Registry, thence with the northern line of said Vick lot South 57 degrees 06 minutes East 129.05 feet to the western right of way line of Foxhall Drive, thence South 37 degrees 25 minutes East 63.55 feet to the eastern line of Foxhall Drive, thence running along and with the lines of Sections 1 and 2 of Belvedere Subdivision as shown on maps recorded in Map Book 10, page 56, and Map Book 11, page 141, Edgecombe Public Registry, the following courses and distances: South 56 degrees 55 minutes East 853.0 feet, North 33 degrees 35 minutes East 172.0 feet, North 39 degrees 26 minutes East 180.04 feet, North 48 degrees 25 minutes East 122.0 feet, North 68 degrees 19 minutes East 144.0 feet and North 84 degrees 29 minutes East 228.0 feet crossing St. Andrews Street Extended (N. C. Highway No. 44) to its eastern property line, cornering; thence with the eastern line of St. Andrews Street South 05 degrees 28 minutes East 1,109.55 feet, cornering; thence running in a line parallel to and 200 feet North of State Road 1518 (also known as Northern Boulevard) North 75 degrees 53 minutes East 2,390.0 feet, cornering; thence South 15 degrees 57 minutes East 260.15 feet to the southern line of said State Road 1518 (Northern Boulevard) at the northeast corner of Lot 1 of Block M of Extension No. 7 of Lyndale Acres as the same appears on a map recorded in Map Book 12, page 78, Edgecombe Public Registry, thence running along and with the eastern line of Lyndale Development Corporation, South 15 degrees 57 minutes East 1,928.8 feet to a stake in the southeast corner of the property of Lyndale Development Corporation described in a deed recorded in Book 648, page 611, Edgecombe Public Registry, cornering; thence running South 07 degrees 50 minutes East 1,079.82 feet to the southern right of way line of Daniels Street, being a corner with the Leggett & Harris Enterprise's property, thence along the western line of the Leggett & Harris Enterprise's property and the line of the Town of Tarboro Park property continuing across the Atlantic Coast Line Railroad to the southern right of way line of said Railroad, South 39 degrees 28 minutes East 850.0 feet, thence along the southern right of way line of the Atlantic Coast Line Railroad North 50 degrees 32 minutes East 293.3 feet to the northeastern corner of Lot 5 of Section 2 of Forest Acres Subdivision as the same appears on a map recorded in Map Book 12, page 39, Edgecombe Public Registry, thence with the eastern property line of said Lot 5 South 39 degrees 28 minutes East 163.0 feet to the northern right of way line of Forest Acres Drive, thence South 87 degrees 37 minutes East 89.95 feet to the southern right of way line of Forest Acres Drive, thence along the eastern property line of the said Section 2 of Forest Acres Subdivision the following courses and distances: South 39 degrees 28 minutes East 300.0 feet, South 69 degrees 44 minutes East 69.44 feet, South 39 degrees 28 minutes East 660.1 feet, South 20 degrees 30 minutes East 858.8 feet and South 11 degrees 45 minutes East 404.6 feet to the center line of the East Tarboro Drainage Canal, thence down the center and with the meandering of the said East Tarboro Drainage Canal the following courses and distances: North 68 degrees 57 minutes East 1,198.4 feet, South 73 degrees 10 minutes East 91.2 feet, South 48 degrees 12 minutes East 109.2 feet, South 61 degrees 48 minutes East 364.4 feet, South 80 degrees 29 minutes East 144.4 feet, South 77 degrees 30 minutes East 94.6 feet, South 75 degrees 10 minutes East 63.9 feet, South 88 degrees 33 minutes East 86.0 feet, South 62 degrees 42 minutes East 84.9 feet, South 09 degrees 42 minutes East 98.7 feet, South 13 degrees 37 minutes West 717.9 feet, South 18 degrees 33 minutes West 90.4 feet, South 30 degrees 42 minutes West 121.3 feet, South 24 degrees 51 minutes West 155.6 feet, South 27 degrees 36 minutes West 653.0 feet, South 25 degrees 59 minutes West 506.2 feet and South 21 degrees 55 minutes West 74.9 feet to the northern line of the Panola Subdivision as shown on a plat recorded in Map Book 7, page 73, Edgecombe Public Registry, thence running along the northern lines of Lots 55-69, inclusive, of said subdivision, North 73 degrees 51 minutes East 371.9 feet to the northeast corner Lot 69 in said Panola Subdivision, cornering; thence along the eastern line of said Lot 69 South 17 degrees 20 minutes East and continuing across St. James Street, Extended, 180.0 feet, to the southern property line of St. James Street, Extended, thence along the southern right of way line of St. James Street, Extended, South 73 degrees 51 minutes West 249.5 feet to the northeast corner of Lot 51 in said Panola Subdivision, cornering; thence along the eastern side of said Lot 51 South 17 degrees 20 minutes East 128.0 feet to the southeastern corner of said Lot 51, cornering; thence running along the southern property lines of Lots 51-37, inclusive, of said Panola Subdivision South 71 degrees 03 minutes West 388.0 feet to the center line of the East Tarboro Drainage Canal, thence down and with the meanders of the center line of said East Tarboro Drainage Canal the following courses and distances: South 25 degrees 32 minutes West 52.8 feet, South 64 degrees 45 minutes West 43.1 feet, North 77 degrees 30 minutes West 205.0 feet, South 70 degrees 40 minutes West 88.3 feet, South 39 degrees 36 minutes West 124.4 feet, South 57 degrees 04 minutes West 61.0 feet, South 46 degrees 14 minutes West 227.0 feet, South 51 degrees 11 minutes West 63.3 feet, South 46 degrees 51 minutes West 263.6 feet, South 20 degrees 24 minutes West 119.0 feet, South 43 degrees 16 minutes West 380.6 feet, South 27 degrees 00 minutes West 82.5 feet, South 35 degrees 44 minutes West, 165.3 feet, South 16 degrees 41 minutes West 71.0 feet, South 11 degrees 05 minutes East 343.0 feet, South 09 degrees 13 minutes East 133.0 feet, South 13 degrees 39 minutes East 132.5 feet, and South 12 degrees 45 minutes East 69.8 feet, to the intersection of the center of said East Tarboro Drainage Canal and the center of the old course of said Canal, thence with the center of the old East Tarboro Drainage Canal South 07 degrees 35 minutes East 34.4 feet, and South 13 degrees 59 minutes East 275.2 feet to the Tar River, thence down the various courses and distances of said river to the point of beginning.
"Sec. 2.2. Ward Boundaries. The town shall be divided into eight wards, bounded as follows:
First Ward: Beginning at the point formed by the intersection of the center line of Main Street and the center line of the Atlantic Coast Line Railroad Norfolk Branch Main track, thence in a westerly direction along the center line of said railroad to its intersection with the eastern right of way of Cedar Street, thence along the eastern line of Cedar Street in a northerly direction and with the town limits line and continuing with said town limits line to its intersection with the center line of Daniel Street, thence in a westerly direction along the center line of Daniel Street to its intersection with the center line of Panola Street, thence in a northerly direction along the center line of Panola Street to its intersection with the center line of Centre Street, thence in a westerly direction along the center line of Centre Street to its intersection with the center line of Main Street, thence in a southerly direction along the center line of Main Street to the point of beginning.
Second Ward: Beginning at a point in the town limits line, which point would be in the center of Railroad Street, if said street were extended in a northerly direction across the Atlantic Coast Line Railroad right of way to said town limits line, thence along the center line Railroad Street in a southerly direction crossing Fountain Street and continuing in a southerly direction with the center line of Mill Street to the intersection of the center line of Mill Street and the center line of Linden Street, thence with the center line of Linden Street in a westerly direction to its intersection with the center line of Peach Street, thence with the center line of Peach Street in a southerly direction to its intersection with the center line of Howard Avenue, thence with the center line of Howard Avenue in a westerly direction to its intersection with the center line of Hendricks Creek, thence down Hendricks Creek in a southerly direction to a point which is 100 feet from Howard Avenue in a line measured perpendicular from said Howard Avenue, thence with the town limits line in a westerly direction and continuing the various courses and distances of said town limits line to the point of beginning.
Third Ward: Beginning at a point in the center line of Albemarle Avenue formed by the intersection of said center line and the northern line of Arlington, if extended in an easterly direction to the center of Albemarle Avenue, thence with the northern line of Arlington along a hedgerow and in a westerly direction to the center of Hendricks Creek, thence up the center of Hendricks Creek to its intersection with the center line of Howard Avenue, thence with the center line of Howard Avenue in an easterly direction to its intersection with the center line of Peach Street, thence with the center line of Peach Street in a northerly direction to its intersection with the center line of Linden Street, thence with the center line of Linden Street in an easterly direction to its intersection with the center line of Mill Street, thence with the center line of Mill Street in a northerly direction crossing Fountain Street and continuing with the center line of Railroad Street in a northerly direction to a point formed by the intersection of the town limits line and the center line of Railroad Street, if extended northerly across Atlantic Coast Line Railroad right of way to the town limits line, thence with the town limits line in an easterly direction to the eastern line of Cedar Street, thence with the eastern line of Cedar Street in a southerly direction to its intersection with the center line of the Atlantic Coast Line Railroad Norfolk Branch Main track, thence with the center line of said main track in an easterly direction to its intersection with the center line of the Atlantic Coast Line Railroad Plymouth Branch Main track, thence with the center line of the said Atlantic Coast Line Railroad Plymouth Branch Main track in a southerly direction and with the center line of Albemarle Avenue to the point of beginning.
Fourth Ward: Beginning at the mouth of Hendricks Creek on Tar River, thence with the town limits line up said creek and leaving said creek and continuing with the various courses and distances of said town limits line to its intersection with the center of Hendricks Creek, thence down and with the center of said Hendricks Creek to its intersection with the northern line of Arlington, thence with the northern line of Arlington along a hedgerow in an easterly direction to the point formed by the intersection of said northern line of Arlington and the center line of Albemarle Avenue, thence with the center line of Albemarle Avenue in a southerly direction to its intersection with the town limits line on Tar River, thence down Tar River with the town limits line to the point of beginning.
Fifth Ward: Beginning at a point in the town limits line on Tar River formed by the intersection of said town limits line and the center line of the Atlantic Coast Line Railroad Plymouth Branch Main track, thence with the center line of the Atlantic Coast Line Railroad Plymouth Branch Main track in a northerly direction and along the center line of Albemarle Avenue and continuing in a northerly direction with the center line of said Atlantic Coast Line Railroad Plymouth Branch Main track to its intersection with the center line of the Atlantic Coast Line Railroad Norfolk Branch Main track, thence with the center line of said Atlantic Coast Line Railroad Norfolk Branch Main track in an easterly direction to its intersection with the center line of St. Patrick Street, if said street were extended in a northerly direction to the center line of said Atlantic Coast Line Railroad Norfolk Branch Main track, thence in a southerly direction with the center line of St. Patrick Street so extended, to its intersection with the center line of Baker Street, thence with the center line of Baker Street in an easterly direction to its intersection with the center line of Panola Street, thence with the center line of Panola Street in a southerly direction to its intersection with the center line of Wilson Street, thence with the center line of Wilson Street in a westerly direction to its intersection with the center line of St. Andrew Street, thence with the center line of St. Andrew Street in a southerly direction to a point in the town limits line on Tar River, which point would be the intersection of the town limits line and the center line of St. Andrew Street if said street were extended in a southerly direction to said town limits line, thence down Tar River and with the town limits line to the point of beginning.
Sixth Ward: Beginning at the point in the town limits line on Tar River formed by the intersection of said town limits line and the center line of St. Andrew Street, if extended in a southerly direction to said town limits line, thence in a northerly direction with the center line of St. Andrew Street so extended to its intersection with the center line of Wilson Street, thence with the center line of Wilson Street in an easterly direction to a point in the town limits line formed by the intersection of said town limits line and the center line of Wilson Street, if extended in an easterly direction to the town limits line, thence with the town limits line in a generally southerly direction to Tar River and continuing with said town limits line down Tar River to the point of beginning.
Seventh Ward: Beginning at the point formed by the intersection of the center line of Panola Street and the center line of Baker Street, thence with the center line of Baker Street in an easterly direction to its intersection with the center line of Lloyd Street, thence with the center line of Lloyd Street in a northerly direction to its intersection with the center line of Elm Street, thence with the center line of Elm Street in an easterly direction to its intersection with the center line of East Street, thence in a northerly direction and with the center line of East Street, extended in a northerly direction to its intersection with the town limits line, thence with the town limits line in an easterly and southerly direction to its intersection with the center line of Wilson Street, if extended in an easterly direction to the town limits line, thence in a westerly direction with the center line of said Wilson Street, so extended, to its intersection with the center line of Panola Street, thence with the center line of Panola Street in a northerly direction to the point of beginning.
Eighth Ward: Beginning at the point formed by the intersection of Baker Street and the center line of St. Patrick Street, thence with the center line of St. Patrick Street in a northerly direction to a point in the center line of the Atlantic Coast Line Railroad Norfolk Branch Main track formed by the intersection of the center line of said track and the center line of St. Patrick Street, if St. Patrick Street were extended in a northerly direction to said railroad, thence with the center line of said main track in a westerly direction to its intersection with the center line of Main Street, thence with the center line of Main Street in a northerly direction to its intersection with the center line of Centre Street, thence with the center line of Centre Street in an easterly direction to its intersection with the center line of Panola Street, thence with the center line of Panola Street in a southerly direction to its intersection with the center line of Daniel Street, thence with the center line of Daniel Street in an easterly direction to its intersection with the town limits line, thence with the town limits line in a generally southerly direction to the East Tarboro Drainage Canal, thence continuing with said canal and with said town limits line in an easterly direction to its intersection with the center line of East Street, if extended in a northerly direction to the town limits line, thence with the center line of East Street in a southerly direction to its intersection with the center line of Elm Street, thence with the center line of Elm Street in a westerly direction to its intersection with the center line of Lloyd Street, thence with the center line of Lloyd Street in a southerly direction to its intersection with the center line of Baker Street, thence with the center line of Baker Street in a westerly direction to the point of beginning.
"Sec. 2.3. Alteration of Ward Boundaries. In addition to the power granted by G. S. 160-2(11), the Town Council shall have the power at any time to adjust or alter the boundaries of the several wards for the purpose of maintaining substantial equality of population among the wards. In the event any member of the Town Council shall become domiciled in a different ward as a result of adjustment or alteration of ward boundaries, he shall continue as a member from the ward which he was elected to represent until the expiration of the term for which he was elected.
"ARTICLE III. MAYOR AND TOWN COUNCIL
"Sec. 3.1. Composition of Town Council. The Town Council shall consist of eight members, one to be elected by and from the qualified voters of each ward in the manner provided by Article IV. All the legislative and policy making powers of the town shall be vested in the Town Council.
"Sec. 3.2. Mayor and Mayor Pro Tempore. The Mayor shall be elected by and from the qualified voters of the town voting at large in the manner provided by Article IV. The Mayor shall be the official head of the town government and shall preside at all meetings of the Town Council. Where there is an equal division upon any question, or in the appointment of officers, by the Council, the Mayor shall determine the matter by his vote, and he shall vote in no other case. The Mayor shall exercise such powers and perform such duties as are or may be conferred upon him by the general laws of North Carolina, by this Charter, and by the ordinances of the town. The Town Council shall choose one of its number to act as Mayor Pro Tempore, and he shall perform the duties of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Council.
"Sec. 3.3. Terms; Qualifications; Vacancies. (a) The Mayor and members of the Town Council shall serve for terms of two years, beginning the day and hour of the organizational meeting following their election, as established by ordinance in accordance with this Charter; provided, they shall serve until their successors are elected and qualified.
"(b) No person shall be eligible to be a candidate or be elected as Mayor or as a member of the Town Council or to serve in such capacity, unless he is a resident and a qualified voter of the town.
"(c) If any elected Mayor or Councilman shall refuse to qualify, or if there shall be any vacancy in the office of Mayor or Councilman after election and qualification, the remaining members of the Council shall by majority vote appoint some qualified person to serve for the unexpired term. Any Mayor or Councilman so appointed shall have the same authority and powers as if regularly elected. Except as provided in Section 2.3 of Article II, removal of any Councilman from the ward in which he resided at the time of his election shall ipso facto create a vacancy in the office of Councilman from such ward.
"Sec. 3.4. Compensation of Mayor and Councilmen. The Mayor shall receive for his services such salary as the Town Council shall determine, but no reduction in his salary shall be made to take effect during the term in which it is voted. The Town Council may establish a salary for its members which may be increased or reduced, but no increase or reduction shall be made to take effect as to any Councilman during the respective term of office which he is serving at the time the increase or reduction is voted.
"Sec. 3.5. Organization of Board; Oaths of Office. The Town Council shall meet and organize for the transaction of business at a time established by ordinance, following each biennial election and prior to July 1. Before entering upon their offices, the Mayor and each Councilman shall take and subscribe before the Town Clerk, a magistrate, or the Clerk of Superior Court, and have entered upon the minutes of the Council the following oath of office: 'I, _____________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully perform the duties of the office of ___________________________, on which I am about to enter, according to my best skill and ability; so help me, God.'
"Sec. 3.6. Meetings of Town Council. The Town Council shall fix suitable times for its regular meetings, which shall be as often as once monthly. Special meetings may be held on the call of the Mayor or a majority of the Council and those not joining in the call shall be notified in writing. Any business may be transacted at a special meeting that might be transacted at a regular meeting; provided, the same is set forth in the call of such special meeting.
"Sec. 3.7. Quorum; Votes. (a) A majority of the members elected to the Town Council shall constitute a quorum for the conduct of business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner as may be prescribed by ordinance.
"(b) The affirmative votes of a majority of the members of the Town Council present or, in the case of an equal division between the Councilmen present, of the Mayor and one half of the members of the Town Council present, shall be necessary to adopt any ordinance, or any resolution or motion having the effect of an ordinance. All other matters to be voted upon shall be decided by a majority vote of the members present and voting.
"Sec. 3.8. Ordinances and Resolutions. The adoption, amendment, repeal, pleading, or proving of ordinances shall be in accordance with the applicable provisions of the general laws of North Carolina not inconsistent with this Charter; provided, however, that no ordinance making a grant, renewal, or extension of any franchise or special privilege affecting the use of the streets, alleys, or other public property of the town shall be effective until voted on at two regular meetings, and no such ordinance shall be voted on the second time until a public notice setting forth the principal provisions of the same shall have been published once at least 15 days prior to the day of the second vote in a newspaper having general circulation in the town. The yeas and nays shall be taken upon all bond, budget and franchise ordinances and resolutions and entered upon the minutes of the Council, and shall likewise be taken and entered on other matters if called for by the Mayor or any two members of the Town Council. The enacting clause of all ordinances shall be: 'Be it ordained by the Town Council of the Town of Tarboro'. All ordinances and resolutions shall take effect upon adoption unless otherwise provided therein.
"Sec. 3.9. Effect of Ordinances on Town Property. All applicable ordinances of the town shall have full force and effect upon and within all property and facilities owned by the town, whether located within or outside the corporate limits.
"ARTICLE IV. ELECTION PROCEDURE
"Sec. 4.1. Regular Municipal Elections. The regular municipal elections shall be held on Tuesday after the first Monday in May of each odd-numbered year. In each election year, there shall be elected by and from the qualified voters of the town voting at large a Mayor to serve for a term of two years or until his successor is elected and qualified, and there shall be elected by and from the qualified voters of each of the wards a Councilman to serve for a term of two years, or until his successor is elected and qualified.
"Sec. 4.2. Voting. Each voter shall be entitled to vote for one candidate for Mayor, and for one candidate for Councilman from his respective ward. The candidate for Mayor who receives the largest number of votes cast for Mayor shall be declared elected, and the candidate for Councilman from each ward who receives the largest number of votes cast for Councilman from his respective ward shall be declared elected.
"Sec. 4.3. Filing of Candidates. Each qualified person who would offer himself as a candidate for the office of Mayor or Councilman, in order to have his name appear on the official ballots, shall file with the Town Clerk a statement giving notice of his candidacy. Such notice shall be filed not earlier than 60 days and not later than five o'clock p.m. on the third Friday preceding the election at which he offers his candidacy, shall be accompanied by payment of a filing fee of five dollars ($5.00), and shall be substantially in the following form: 'I, __________________________, do hereby give notice that I am a candidate for election to the office of _______________________, to be voted on at the election to be held on ___________________, and I hereby request that my name be placed on the official ballot for such office. I certify that I am a resident and qualified voter of the Town of Tarboro, residing at ______
(Signature)
Witness: _____________________________ _________________________
(Date)
_________________________ .'
No person shall be eligible to be a candidate for Mayor and a candidate for Councilman in the same election.
"Sec. 4.4. Regulation of Elections. All municipal elections shall be conducted in accordance with the general laws of North Carolina relating to municipal elections, except as otherwise herein provided.
"ARTICLE V. TOWN MANAGER
"Sec. 5.1. Appointment; Compensation. The Town Council shall appoint an officer whose title shall be Town Manager, who shall be the administrative head of the town government, and shall be responsible for the administration of all departments. The Town Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter prescribed. At the time of his appointment he need not be a resident of the town, but shall reside therein during his tenure of office. No person elected as Mayor or as a member of the Town Council shall be eligible for appointment as Town Manager until one year shall have elapsed following the expiration of the term for which he was elected. The Town Manager shall serve at the pleasure of the Town Council and shall receive such salary as the Council shall fix. In case of absence or disability of the Manager, the Council may designate a qualified administrative officer of the town to perform the duties of the Manager during such absence or disability.
"Sec. 5.2. Chief Administrator. The Town Manager shall be responsible to the Town Council for the proper administration of all the affairs of the town. As chief administrator, the Town Manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the town, except the Town Attorney, who shall be appointed as provided in Section 6.1 of this Charter. Neither the Mayor nor the Town Council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from office by the Town Manager, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the town. Except for the purpose of inquiry, and except in the event of emergency, the Mayor and the Town Council and its members shall deal with officers and employees in the administrative service only through the Town Manager, and neither the Mayor nor the Town Council nor any of its members shall give orders or directions to any subordinate of the Town Manager, either publicly or privately.
"Sec. 5.3. Duties of Town Manager. It shall be the duty of the Town Manager to supervise the administration of the affairs of the Town; to see that the ordinances, resolutions, and regulations of the Town Council and the laws of the State are faithfully executed and enforced; to make such recommendations to the Town Council concerning the affairs of the town as he shall deem expedient; to keep the Town Council advised of the financial condition and the future financial needs of the town; to attend all meetings of the Town Council and to prepare and submit to the Council such reports as he may deem expedient or as may be required of him by the Council; and to perform all other duties as may be required of him by the Town Council.
"ARTICLE VI. TOWN ATTORNEY
"Sec. 6.1. Appointment; Qualifications; Term; Compensation. The Town Council shall appoint a Town Attorney who shall be an attorney at law licensed to engage in the practice of law in North Carolina and who need not be a resident of the town during his tenure. The Town Attorney shall serve at the pleasure of the Town Council and shall receive such compensation as the Council shall determine.
"Sec. 6.2. Duties of Town Attorney. It shall be the duty of the Town Attorney to prosecute and defend suits for and against the town; to advise the Mayor, Town Council, Town Manager, and other town officials with respect to the affairs of the town; to draw legal documents relating to the affairs of the town; to draw proposed ordinances when requested to do so; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the town may be concerned; to attend all meetings of the Town Council; and to perform such other duties as may be required of him by virtue of his position as Town Attorney.
"Sec. 6.3. Assistant Town Attorney. The Town Council may appoint one or more Assistant Town Attorneys to assist the Town Attorney and serve in his absence or incapacity and who shall have the same qualifications and duties as the Town Attorney. The Assistant Town Attorneys shall serve at the pleasure of the Town Council and shall receive such compensation as the Town Council shall determine.
"ARTICLE VII. ADMINISTRATIVE OFFICERS AND EMPLOYEES
"Sec. 7.1. Town Clerk. The Town Manager shall appoint a Town Clerk to keep a journal of the proceedings of the Town Council and to maintain in a safe place all records and documents pertaining to the affairs of the town, and to perform such other duties as may be required by law or as the Town Manager may direct.
"Sec. 7.2. Town Treasurer. The Town Manager may appoint a Town Treasurer who shall be the custodian of all moneys of the town, and shall keep and preserve the same in such place or places as shall be determined by the Town Council. He shall countersign all vouchers issued by the Town Accountant and shall pay out money only on such vouchers. In addition, he shall perform all other duties as may be prescribed by law or assigned to him by the Town Manager.
"Sec. 7.3. Town Tax Collector. The Town Manager shall appoint a Tax Collector to collect all taxes, licenses, fees and other moneys due or belonging to the town, subject to the provisions of this Charter and the ordinances of the town, and he shall diligently comply with and enforce all the general laws of North Carolina relating to the collection, sale, and foreclosure of taxes by municipalities, and the collection of other moneys and revenue due the town.
"Sec. 7.4. Town Accountant. The Town Manager shall appoint a Town Accountant to perform the duties of the Accountant as required by the Municipal Fiscal Control Act.
"Sec. 7.5. Consolidation of Functions. The Town Manager may, with the approval of the Town Council, consolidate any two or more of the positions of Town Clerk, Town Treasurer, Town Tax Collector, and Town Accountant, or may assign the functions of any one or more of these positions to the holder or holders of any other of these positions. The Town Manager may also, with the approval of the Town Council, appoint a single employee to perform all or any part of the functions of any of the named positions, in lieu of appointing several persons to perform the same; provided, however, the positions of Town Treasurer and Town Accountant may not be held by the same person.
"Sec. 7.6. Assistant Clerk, Treasurer; Deputy Tax Collector. The Town Manager may appoint an Assistant Town Clerk, an Assistant Town Treasurer, and a Deputy Tax Collector.
"ARTICLE VIII. FINANCE AND TAXATION
"Sec. 8.1. Independent Audit. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all books and accounts of the town government by a certified public accountant or a qualified public accountant registered under Chapter 93 of the General Statutes of North Carolina, who shall have no personal interest directly or indirectly in the affairs of the town or of any of its officers. The Town Council shall select the public accountant, and the results of such audit shall be made available for inspection by any interested citizen of the town, and may be published if so ordered by the Town Council.
"Sec. 8.2. Delinquent Taxes to General Fund. The Town Council may, in its discretion, direct the payment into the general fund of all or any part of the proceeds of taxes which are collected subsequent to the end of the second fiscal year following the fiscal year for which they were levied.
"Sec. 8.3. Appropriations for Industrial Development. The Town Council is hereby authorized to appropriate annually a sum not to exceed ten thousand dollars ($10,000.00) from any source of revenue other than funds derived from taxation, for the purpose of obtaining or aiding and encouraging the locating in or near the Town of Tarboro or in Edgecombe County of manufacturing, industrial, business and commercial plants and enterprises, the agricultural development of Edgecombe County, the advertising of the suitability of the town and county and the advantages it has to offer in connection with the foregoing and for such other purposes as will in the opinion of the Council increase the population, taxable property values and the general and material welfare of the town and county. Such expenditures for the purposes herein authorized are hereby declared to be for a lawful public purpose.
"Sec. 8.4. Appropriations for Historical Purposes; Historical Commission. The Town Council is hereby authorized to appropriate funds from any source of revenue other than funds derived from taxation, for the purpose of improving, maintaining, and operating one or more municipally owned buildings or grounds having historical significance as an historical site or museum. The Council is authorized to create by ordinance an Historical Commission which may function as an advisory body to the Council; or the Council may, in its discretion, authorize such Historical Commission to maintain and operate historical sites or buildings in any manner that the Council may determine.
"ARTICLE IX. DISPOSAL OF PROPERTY
"Sec. 9.1. Disposal of Surplus Personal Property. The Town Council shall have power, in addition to the power granted by G. S. 160-59, to sell or to direct any of its officers or employees to sell any personal property, which the Council has declared to be surplus property, in the following manner:
"(a) without bids or advertisement, at private sale, if the property has a market value of five hundred dollars ($500.00) or less;
"(b) to the highest bidder upon receipt of informal written bids, with only such advertisement as the Council may direct, if the property has a market value of more than five hundred dollars ($500.00) but no more than two thousand dollars ($2,000.00); provided, all such bids received shall be recorded on the minutes of the Council;
"(c) to the highest bidder upon receipt of sealed bids after public notice thereof has been published one time in some newspaper having general circulation in the town at least seven days prior to the date of opening the bids, if the property has a market value in excess of two thousand dollars ($2,000.00); provided, all such sealed bid proposals shall be opened in public and recorded on the minutes of the Council.
"ARTICLE X. POLICE
"Sec. 10.1. Jurisdiction Extended.
"(a) The jurisdiction of the police force is hereby extended to include all territory outside and within one mile of the corporate limits, but excluding and not including any area within the corporate limits of the Town of Princeville, and all members of the police force shall have within such territory all rights, power and authority which they have within the corporate limits.
"(b) The jurisdiction of the police force is hereby extended to include all property and facilities owned by the Town whether located within or outside the corporate limits, and all members of the police force shall have upon and within such property and facilities all rights, power and authority as they have within the corporate limits.
"Sec. 10.2. Service of Process. Every police officer of the Town shall have power to execute, anywhere within Edgecombe County, any writ, precept, or process, either civil or criminal, which shall be directed to him or to the Chief of Police by any court of the State.
"ARTICLE XI. STREET IMPROVEMENTS
"Sec. 11.1. Authority. In addition to any authority which is now or may hereafter be granted by general law to the Town for making street improvements, the Town Council is hereby authorized to make street improvements and to assess the cost thereof against abutting property owners in accordance with the provisions of this Article.
"Sec. 11.2. When Petition Unnecessary. The Town Council may order street improvements and assess the cost thereof, exclusive of the costs incurred at street intersections, against the abutting property owners at an equal rate per front foot, without the necessity of a petition, upon the finding by the Council as a fact:
"(a) That the street improvement project does not exceed 3000 lineal feet, and
"(b) That such street or part thereof is unsafe for vehicular traffic and it is in the public interest to make such improvement, or
"(c) That it is in the public interest to connect two streets, or portions of a street already improved, or
"(d) That it is in the public interest to widen a street, or part thereof, which is already improved; provided, that assessments for widening any street or portion of street without petition shall be limited to the cost of widening and otherwise improving such street in accordance with the street classification and improvement standards established by the Town's thoroughfare or major street plan for the particular street or part thereof to be widened and improved under the authority granted by this Article.
"Sec. 11.3. Street Improvement Defined. For the purposes of the preceding Section, the term 'street improvement' shall include grading, regrading, surfacing, resurfacing, widening, paving, repaving, the acquisition of right of way, and the construction or reconstruction of curbs, gutters and street drainage facilities, and including legal and engineering fees, charges, and costs.
"Sec. 11.4. Assessment Procedure. In ordering street improvements without a petition and assessing the cost thereof under authority of this Article, the Town Council shall comply with the procedure provided by Article 9, Chapter 160 of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof.
"Sec. 11.5. Effect of Assessments. The effect of the act of levying assessments under authority of this Article shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.
"ARTICLE XII. ESTABLISHMENT OF PROPOSED STREET LINES
"Sec. 12.1. Authority to Establish Proposed Street Lines. Whenever, in the opinion of the Town Council, it is in the best interest of the Town to do so, the Council may make provision for the ultimate widening or extension or both of existing streets and for the opening of new streets, and for the gradual or immediate acquisition of the lands necessary for such improvements, in accordance with the procedure established by this Article.
"Sec. 12.2. Platting of Proposed Street Lines. From and after the time of adoption of a major street plan by the Town Council and the State Highway Commission pursuant to provisions of G. S. 136-66.2, the Town Council shall have power to request, make, or cause to be made, from time to time, surveys for the exact locating of the lines of new, extended, widened, or narrowed streets and highways in the whole or any portion of the town and the area within one mile outside of its corporate boundaries. Personnel making such surveys are empowered to enter upon lands, make examinations or surveys, and place and maintain necessary monuments thereon, at reasonable times and with due care for the property. A plat or plats of the area or areas thus surveyed shall be prepared on which are indicated the locations of the lines recommended as the planned or mapped lines of future streets, street extensions, street widenings or street narrowings. The preparation of such plat or plats shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.
"Sec. 12.3. Adoption of Official Map; Hearing; Notice. Following the preparation of such plats, the Town Council may officially adopt a map or maps of planned new streets and highways, extensions, widening, narrowing, or vacations of streets within the town and the area within one mile outside of its corporate boundaries. Before taking any such action, the Council shall hold a public hearing thereon, notice of the time and place of which shall have been given once a week for two successive weeks in a newspaper having general circulation in the town. Said notice shall be posted, and published for the first time, not less than fifteen days prior to the date fixed for said hearing. Following adoption of such a map or maps the Council shall certify a copy thereof to the Register of Deeds of Edgecombe County, which copy shall show the name or names of the owners of property affected, or to be affected thereby as nearly as may be determined, and shall state the purpose of said map and shall refer to this Article of the Charter of the Town of Tarboro, which copy shall be duly filed by said Register of Deeds and shall be indexed under the name of the Town of Tarboro and be indexed or cross indexed under the names of each of said property owners. The placing of any street or street line upon any official map or maps shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.
"Sec. 12.4. Right to Acquire Property Before Improvement. From and after the time of adoption and certification to the Register of Deeds of any such map or maps, it shall be unlawful to build upon any land within the line of proposed streets shown thereon or to repair or otherwise improve any existing buildings within said lines until the Town Council shall have been given an opportunity to purchase or otherwise acquire said property for street purposes as provided by this Article. To that end, the owner or any person proposing to build upon such land or to make repairs or improvement to any existing building on such land shall, in writing, notify the Town Council in person or by attorney at a regular meeting, or by registered letter addressed to the Town Manager of the nature and estimated cost of such building, repairs, or improvements. The Council shall then determine whether it will take the necessary steps to acquire said land prior to construction of said building or the making of said repairs or improvements. If the Council fails, within sixty days from the receipt of such notice, to acquire, adopt a formal resolution directing an appropriate officer to acquire, or institute condemnation proceedings to acquire said property, then the owner or other person giving notice may proceed to erect the building or to make the repairs or improvements described in said notice freed of the restraint of said map. The Building Inspector is authorized to withhold and refrain from issuing, for a period not exceeding sixty days from receipt by the Council of the notice herein prescribed, any building permit for the erection of any building within the said lines, or for the making of any repairs or improvements to existing buildings within said lines.
"Sec. 12.5. Failure to Give Notice Bars Recovery for Value of Improvements. If any person, firm or corporation builds upon any land included within said proposed street lines, or repairs or otherwise improves that part of any existing building within said lines, without giving the Town Council an opportunity to acquire said property free from improvements, as provided in Section 12.4 of this Article, the Council shall not be required to pay for the value of said building, repairs, or improvements in any proceeding subsequently brought to acquire the land for the purpose shown on the officially adopted map or maps.
"Sec. 12.6. Failure to Act no Limit to Subsequent Condemnation. The failure of the Town Council to take action under Section 12.4 of this Article within sixty days after notice shall not have the effect of limiting the right of the Council at any subsequent time to condemn the same. In such case, however, the owner shall be entitled to full compensation as now provided by law for the building, repairs, or improvements made after the failure of the Council to take action within the prescribed period.
"ARTICLE XIII. SIDEWALKS
"Sec. 13.1. Assessment of Costs. In addition to any authority which is now or may hereafter be granted by general laws to the town for making sidewalk improvements, the Town Council is hereby authorized to order to be made or to make sidewalk improvements or repairs according to standards and specifications of the town, and to assess the total cost thereof against abutting property owners; provided, however, that the Council may order the cost of sidewalk improvements made only on one side of a street to be assessed against property owners abutting both sides of such street. In ordering sidewalk improvements or repairs under authority of this Section, the Town Council shall comply with the procedure provided by Article 9, Chapter 160 of the General Statutes, except those provisions relating to the petition of property owners and the sufficiency thereof. The effect of levying assessments under authority of this Section shall for all purposes be the same as if the assessments were levied under authority of Article 9, Chapter 160 of the General Statutes.
"Sec. 13.2. Maintenance of Sidewalks. It shall be the duty of every property owner in the town to maintain in good repair and to keep clean and free of debris, trash, and other obstacles or impediments the sidewalks abutting his property.
"Sec. 13.3. Town May Repair or Clean; Charges. The Town Council may by ordinance establish a procedure whereby town forces may repair or clean any sidewalk or remove therefrom any debris or trash after failure of the abutting property owner after ten days notice to do so. In such event, the cost of such repair or cleaning or removal shall become a lien upon the abutting property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the town or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs, and penalties as provided by law for the foreclosure of the lien on real estate for ad valorem taxes. The authority and procedure of this Section as to repair of sidewalks shall be supplementary to the authority and procedure of Section 13.1, and the Town Council may, in its discretion, proceed under either Section in causing sidewalks to be repaired.
"ARTICLE XIV. REFUSE, WEEDS, AND TRASH
"Sec. 14.1. Property Kept Free of Offensive Matter. It shall be the duty of every property owner in the town to keep his property free from noxious weeds, trash, and all other forms of offensive animal or vegetable matter or refuse which may be dangerous or prejudicial to the public health or which may constitute a public nuisance.
"Sec. 14.2. Removal of Offensive Matter; Charges. The Town Council may by ordinance establish a procedure whereby town forces may clean, cut, and remove any weeds, trash, refuse or other offensive matter from any property upon failure of the owner or occupant after ten days notice to do so. In such event, the cost of such cleaning, cutting and removal shall become a lien upon the particular property equal to the lien for ad valorem taxes and may thereafter be collected either by suit in the name of the town or by foreclosure of the lien in the same manner and subject to the same rules, regulations, costs and penalties as provided by law for the foreclosure of the lien on real property for ad valorem taxes.
"ARTICLE XV. WATER AND SEWER IMPROVEMENTS
"Sec. 15.1. Laterals Included in Cost. In ordering water or sewer line extensions, or both, and the assessment of the costs thereof under authority of Part 7 of Article 18 of Chapter 160 of the General Statutes or any other law, the Town Council is hereby authorized to include in such extensions water and sewer line mains and laterals, and to include the cost of such mains and laterals in the total cost to be assessed upon abutting properties.
"Sec. 15.2. Corner Lot Exemptions. The Town Council is hereby authorized to establish, by ordinance or resolution, schedules of exemptions from assessments for water and sewer line extensions for corner lots when water or sewer lines, or both, are installed along both sides of such lots and when the cost of such installation along both sides were or are financed in whole or in part by assessments. The schedules of exemptions may be classified as to land uses (residential, business, commercial, industrial, office and institutional, agricultural, or other classifications), and shall be uniform for each such classification used; provided, however, that no schedule of exemptions may provide for exemption of more than seventy-five per cent (75%) of the frontage on any side of a corner lot, or 150 feet, whichever is greater.
"Sec. 15.3. Acreage Charges. In addition to water and sewer service charges and connection charges, the Town Council may establish and collect acreage charges for the privilege of connecting to the town water and sewerage systems, both within and outside the corporate limits, to aid in the financing of new water and sewer mains and laterals and sewer outfalls and the replacement or enlargement of existing mains, laterals, and outfalls. Such charges shall apply uniformly to all properties to which water or sewerage service is extended subsequent to the establishment of such charges; provided, however, that the Council may establish higher acreage charges for property developed or to be developed for business, commercial, industrial, or office and institutional uses than those established for residential and other uses, and may base acreage charges for residential property upon the number of dwelling units per acre of land.
"ARTICLE XVI. EXTRATERRITORIAL REGULATORY POWERS
"Sec. 16.1. Subdivision Control. Any subdivision control ordinance enacted by the Town Council under authority of general law may provide for the more orderly development of subdivisions within the subdivision control jurisdiction of the town by requiring the construction of community service facilities, including water lines; sewer lines; street paving, curbing and guttering; and street drainage facilities in accordance with policies established by the Council. To assure compliance with such requirements, the ordinance may require the posting of bond or such other method as will offer guarantee of compliance.
"Sec. 16.2. Regulatory Codes. The Town Council is hereby authorized to make effective and to enforce within the territory lying outside the corporate limits and within one mile thereof all ordinances and codes of the town regulating the construction and repair of buildings, including building codes, plumbing codes, electrical codes, heating and air conditioning codes, fire prevention codes, minimum housing codes adopted pursuant to Article 15 of Chapter 160 of the General Statutes, and ordinances adopted pursuant to G. S. 160-200(28) relating to unsafe buildings. In addition, the Town Council is hereby authorized to enforce in such area the North Carolina State Building Code, the North Carolina State Plumbing Code, and the North Carolina Uniform Residential Building Code, all as published by the North Carolina Building Code Council. Such enforcement powers shall include the power to require that prior to the beginning of any construction, reconstruction, or alteration of any building or structure or any part or system thereof within such area, the appropriate permit or permits be obtained from the town, and the power to make a reasonable charge therefor; provided, that the Town Council may by ordinance require that the contractor or other person charged with such construction, reconstruction, or alteration secure such permit or permits, rather than requiring the owner of the property to do so.
"ARTICLE XVII. LIABILITY INSURANCE
"Sec. 17.1. Purchase of Insurance Authorized. The Town Council is hereby authorized, but not required, to purchase liability insurance covering all of its authorized functions, whether deemed governmental or proprietary, and all negligent acts or torts of its officers, agents, or employees committed within the scope of their authority or within the course of their employment, whether engaged in performing a governmental or proprietary act.
"Sec. 17.2. Waiver of Immunity from Liability Authorized. The Town Council by securing liability insurance as provided in this Article, is authorized, but not required, to waive its governmental immunity from liability for any damage by reason of death or injury to person or property, proximately caused by the negligent act or tort of any officer, agent, or employee of the town when acting within the scope of his authority or within the course of his employment. Such immunity is waived only to the extent of the amount of the insurance so obtained. Such immunity shall be deemed to have been waived in the absence of affirmative action by the Town Council.
"Sec. 17.3. Conditions of Insurance Policy. Any contract of insurance purchased pursuant to this Article must be one issued by a company or corporation duly licensed and authorized to execute insurance contracts in this State, and must by its terms adequately insure the town against any and all liability for any damage by reason of death, or injury to person or property, proximately caused by a negligent act or tort of any officer, agent or employee of the town when acting within the scope of his authority or within the course of his employment. Any company which enters into a contract of insurance pursuant to this Article with the town, by such act, waives any defense based upon the governmental immunity of the town from liability.
"Sec. 17.4. Payment of Premium. The Town Council is authorized to pay, as a necessary expense, the lawful premium for any insurance purchased pursuant to this Article out of the general tax revenues or other appropriate funds of the town.
"Sec. 17.5. Application of General Law. The provisions of G. S. 160-191.3 through G. S. 160-191.5 shall be applicable to actions against the Town of Tarboro arising during any time when insurance purchased by the town pursuant to this Article is in force.
"ARTICLE XVIII. CLAIMS AGAINST THE TOWN
"Sec. 18.1. Presentation of Claims. No suit or action shall be instituted or maintained against the town upon any claim or demand whatever of any kind or character unless the claimant shall, within ninety days after the date of the accrual of the cause of action, have presented his claim or demand to the Town Council in writing and the Town Council shall have declined to pay or honor the same as presented, or for ninety days after presentation shall not have taken action with respect thereto. Further, no suit or action shall be instituted or maintained against the town upon any such claim or demand unless suit is instituted within twelve months from the date of the accrual of the cause of action, the same being thereafter forever barred. Nothing contained herein shall be construed to prevent any other Statute of Limitations from commencing to run at the time when a claim accrued or demand arose, or in any manner to interfere with its running. Notwithstanding the foregoing provisions hereof, if a complainant suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given by him or on his behalf within ninety days after the termination of the physical or mental incapacity; provided, that minority shall not of itself constitute physical or mental incapacity. If the complainant is a minor, his action shall not be barred if notice of claim is given on his behalf within one year after the happening or the infliction of the injury complained of; or, if the minor suffers from physical or mental incapacity that renders it impossible for him to give notice, his action shall not be barred if notice of claim is given on his behalf within ninety days after termination of the physical or mental incapacity, or within one year after the happening or infliction of the injury complained of, whichever is the longer period. The town at any time may request the appointment of a next friend to represent any person having a potential claim against the Town of Tarboro and known to be suffering from physical or mental incapacity.
"Sec. 18.2. Settlement of Claims by Town Manager. The Town Council may authorize the Town Manager to settle claims against the town for (1) personal injuries or damages to property when the amount involved does not exceed the sum of one hundred dollars ($100.00) and does not exceed the actual loss sustained, including loss of time, medical expenses, and any other expense actually incurred and (2) the taking of small portions of private property which are needed for the rounding of corners at intersections of streets, when the amount involved in any such settlement does not exceed five hundred dollars ($500.00) and does not exceed the actual loss sustained. Settlement of a claim by the Town Manager pursuant to this Section shall constitute a complete release of the town from any and all damages sustained by the person involved in such settlement in any manner arising out of the accident, occasion, or taking complained of. All such settlements and all such releases shall be approved in advance by the Town Attorney."
Sec. 2. The purpose of this Act is to revise the Charter of the Town of Tarboro and to consolidate herein certain Acts concerning the property, affairs, and government of the town. It is intended to continue without interruption those provisions of prior Acts which are consolidated into this Act, so that all rights and liabilities that have accrued are preserved and may be enforced.
Sec. 3. This Act shall not be deemed to repeal, modify, nor in any manner to affect any of the following Acts, portions of Acts, or amendments thereto, whether or not such Acts, portions of Acts, or amendments are expressly set forth herein:
(a) Any Acts concerning the property, affairs, or government of public schools in the Town of Tarboro;
(b) Any Acts relating to the Eastern North Carolina Airport Authority;
(c) Any Acts validating, confirming, approving, or legalizing official, proceedings, actions, contracts, or obligations of any nature;
(d) Any Acts relating to the Town of Tarboro-Edgecombe County Library.
Sec. 4. (a) The following Acts of the General Assembly relating to the Town of Tarboro, having served the purposes for which enacted, or having been consolidated into this Act, are hereby repealed:
c. 9, Private Laws, 1760 (Iredell, 1715-1791)
c. 20, Private Laws, 1778 (Martin, 1715-1791)
c. 20, Private Laws, 1785 (Iredell 1715-1791)
c. 51, Private Laws, 1786 (Iredell 1715-1791)
c. 45, Private Laws, 1791
c. 90, Private Laws, 1801
c. 38, Private Laws, 1815
c. 81, Private Laws, 1819
c. 46, Private Laws, 1826
c. 157, Private Laws, 1828-29
c. 66, Private Laws, 1831-32
c. 71, Private Laws, 1842-43
c. 212, Private Laws, 1847
c. 219, Private Laws, 1852
c. 112, Private Laws, 1856
c. 199, Private Laws, 1858-59
c. 21, Private Laws, 1868-69
c. 84, Private Laws, 1868-69
c. 35, Private Laws, 1869-70
c. 47, Private Laws, 1870-71
c. 104, Private Laws, 1873-74
c. 134, Private Laws, 1873-74
c. 168, Private Laws, 1874-75
c. 228, Private Laws, 1876-77
c. 32, Private Laws, 1880
c. 113, Private Laws, 1885
c. 14, Private Laws, 1887
c. 195, Private Laws, 1889
c. 356, Private Laws, 1891
c. 449, Public Laws, 1891
c. 290, Private Laws, 1893
c. 323, Private Laws, 1895
c. 204, Private Laws, 1899
c. 205, Private Laws, 1899
c. 263, Private Laws, 1899
c. 247, Private Laws, 1901
c. 364, Private Laws, 1901
c. 378, Private Laws, 1901
c. 79, Public Laws, 1903
c. 248, Private Laws, 1903
c. 396, Private Laws, 1903
c. 406, Private Laws, 1903
c. 407, Private Laws, 1903
c. 432, Private Laws, 1903
c. 236, Private Laws, 1905
c. 265, Private Laws, 1905
c. 324, Private Laws, 1905
c. 68, Private Laws, 1907
c. 70, Private Laws, 1907
c. 92, Private Laws, 1907
c. 95, Private Laws, 1907
c. 200, Private Laws, 1907
c. 226, Private Laws, 1909
c. 237, Private Laws, 1909
c. 312, Private Laws, 1909
c. 314, Private Laws, 1909
c. 109, Private Laws, 1911
c. 138, Private Laws, 1911
c. 156, Private Laws, 1911
c. 227, Private Laws, 1913
c. 231, Private Laws, 1913
c. 247, Private Laws, 1913
c. 805, Public-Local Laws, 1915
c. 122, Private Laws, 1917
c. 95, Private Laws, 1920
c. 51, Private Laws, 1923
c. 167, Private Laws, 1923
c. 71, Private Laws, 1927
c. 56, Private Laws, 1931
c. 65, Private Laws, 1931
c. 105, Private Laws, 1933
c. 133, Public-Local Laws, 1937
c. 134, Public-Local Laws, 1937
c. 512, Public-Local Laws, 1939
c. 277, Public-Local Laws, 1941
c. 413, Session Laws, 1945
c. 212, Session Laws, 1947
c. 769, Session Laws, 1949
c. 1192, Session Laws, 1949
c. 811, Session Laws, 1951
c. 1076, Session Laws, 1951
c. 60, Session Laws, 1955
c. 468, Session Laws, 1955
c. 511, Session Laws, 1957
c. 591, Session Laws, 1957
c. 680, Session Laws, 1957
c. 615, Session Laws, 1959
c. 655, Session Laws, 1959
c. 656, Session Laws, 1959
c. 1096, Session Laws, 1959
c. 416, Session Laws, 1963
c. 961, Session Laws, 1963
c. 979, Session Laws, 1963
c. 1053, Session Laws, 1963
c. 81, Session Laws, 1965
c. 546, Session Laws, 1965
c. 548, Session Laws, 1965
c. 23, Session Laws, 1967
(b) The following Acts of the General Assembly, which will be superseded by full application of the Judicial Department Act of 1965 to the County of Edgecombe, are hereby repealed effective on the first Monday in December, 1968:
c. 126, Private Laws, 1935
c. 275, Public-Local Laws, 1941
c. 720, Session Laws, 1951
c. 13, Session Laws, 1953
(c) The following Acts of the General Assembly, which apply to more than one political subdivision, are hereby repealed in their application to the Town of Tarboro:
c. 51, Private Laws, 1792
c. 45, Private Laws, 1820
c. 224, Private Laws, 1927
c. 749, Session Laws, 1953
c. 877, Session Laws, 1963
Sec. 5. No provision of this Act is intended, nor shall be construed, to affect in any way any rights or interests, whether public or private:
(a) Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this Act;
(b) Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this Act.
Sec. 6. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(a) The repeal herein of any Act repealing such law, or
(b) Any provision of this Act that disclaims an intention to repeal or effect enumerated or designated laws.
Sec. 7. (a) All existing ordinances and resolutions of the Town of Tarboro, and all existing rules or regulations of departments of agencies the Town of Tarboro, not inconsistent with the provisions of this Act, shall continue in full force and effect until repealed, modified or amended.
(b) No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this Act by or against the Town of Tarboro or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Act.
Sec. 8. Severability. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity not shall affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
Sec. 9. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 10. Except as provided in Section 4(b) hereof, this Act shall be effective upon its ratification.
In the General Assembly read three times and ratified, this the 19th day of May, 1967.