NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 952

HOUSE BILL 1083

 

 

AN ACT TO INCORPORATE THE TOWN OF HAVELOCK, NORTH CAROLINA, IN CRAVEN COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. Subject to the provisions of Section 4 of this Act, the inhabitants of the Town of Havelock, Craven County, within the boundaries hereinafter established, are hereby incorporated under the name of the Town of Havelock and same is hereby created a body politic and corporate; and shall hereafter possess all the corporate powers and be subject to all the provisions contained in Chapter 160 of the General Statutes of North Carolina.

Sec. 2. The corporate limits of said town shall be as follows:

Beginning at a point which is the intersection of the center line of U. S. Highway No. 70 and the mean low-water line of the southeast shore line of the West Prong of Slocum Creek and running thence in a westerly and southwesterly direction along the said low-water line for a distance of approximately 2473 feet to the East right of way line of the Atlantic and East Carolina Railroad main line; thence along the said right of way line in two courses South 22 degrees 00 minutes East and South 32 degrees 00 minutes East, for a distance of approximately 10,970 feet to the southeast bank of the East Prong of Slocum Creek; thence along the southeast bank of the said East Prong of Slocum Creek in five courses: North 88 degrees 50 minutes East 179 feet, North 20 degrees 00 minutes East 213 feet, North 7 degrees 30 minutes East 122 feet, North 60 degrees 00 minutes East 172 feet, and North 18 degrees 15 minutes East 131 feet, (for a total of 817 feet), to an old corner iron; thence along the southwest line of the C. S. Bryan land South 28 degrees 45 minutes East 3063.49 feet to the U. S. Forestry line; thence along the established boundaries of the Havelock Sanitary District, as set forth in the petition for establishment of said Sanitary District, to wit: Thence following said line (U. S. Forestry line) South 87 degrees East 2200 feet, more or less, to a concrete monument marked corner 322 on the West side of Old Highway 70 (old N. C. 10); thence crossing Highway 70, North 64½ degrees East 550 feet; thence parallel to Highway 70 and 400 feet from its eastern boundary North 18 degrees West 2300 feet, more or less, to the southern boundary of Johnson's Trailer Park; thence following the boundaries of said trailer park in two courses North 72 degrees East 340 feet and North 18 degrees West 740 feet, more or less, to the line of the Godwin-Subdivision; thence following the lines of the Godwin Subdivision North 79 degrees East 660 feet, North 15 degrees West 256 feet; North 60½ degrees West 719 feet; North 4 degrees East 194 feet; North 19½ degrees West 224 feet; North 6 degrees West 240 feet; North 39½ degrees East 539.5 feet; and North 39½ degrees West 585 feet to Capp's Branch; thence following Capp's Branch about 300 feet to the corner of the Wynn(e) Subdivision; thence following the lines of the Wynn(e) Subdivision North 48½ degrees West 365 feet to the northern boundary of Wynn(e) Road; thence along said northern boundary North 84½ degrees West 860 feet, more or less, to the eastern boundary of Highway 70; thence northerly along the eastern right of way of U. S. Highway No. 70, North 20 degrees 10 minutes West 342.7 feet and North 17 degrees 41 minutes West 1085.31 feet to the southeastern right of way of Roosevelt Boulevard; thence northeasterly along the said right of way North 28 degrees 24 minutes East 662.4 feet, North 28 degrees 29 minutes East 439.94 feet, and North 26 degrees 02 minutes East 446.0 feet to the projection of the northern boundary of the Commercial Center; thence across Roosevelt Boulevard North 89 degrees 00 minutes West 109.68 feet to the northeast corner of the said Commercial Center; thence along the lines of the Commercial Center North 89 degrees West 300 feet, South 24 degrees 54 minutes West 490.61 feet to the northern right of way of connecting road also called Sayvee Street; thence westerly along the said northern right of way approximately 400 feet to the eastern right of way of U. S. Highway No. 70; thence again along the boundaries of the aforementioned Havelock Sanitary District, to wit: "thence following the eastern boundary of Highway 70 in its old location to the rear corner of the property of the Ashford Oil Company; thence following the lines of the Ashford Oil Company due East 240 feet; and due North 390 feet, more or less, to the northern boundary of North Carolina 101;" thence westerly along the northern right of way of North Carolina Highway No. 101 approximately 915 feet to the mean low-water line of the West shore of the East Prong of Slocum Creek; thence northerly along the said low-water line approximately 8500 feet to the junction with the West Prong of Slocum Creek and the mean low-water line of the East shore of the said West Prong; thence southwesterly along the mean low-water line of the East shore of the said West Prong approximately 5400 feet to the point of beginning. EXCEPTING AND EXCLUDING therefrom 11.8 acres in the northern-most corner of the area and between the East Prong and the West Prong of Slocum Creek, said area having been conveyed by Slocum Village Corporation to the Board of Education of Craven County, North Carolina, by deed dated October 13, 1953, recorded January 21, 1954, in the office of the Register of Deeds of Craven County, North Carolina, in Book 498, at Page 284. ALSO EXCEPTING AND EXCLUDING therefrom the right of way of the Atlantic and East Carolina Railroad spur line which crosses the area from West to East. ALSO EXCEPTING AND EXCLUDING therefrom that area of Federally-controlled tract of land known as SLOCUM VILLAGE HOUSING PROJECT, formerly owned by the PBC Housing Corporation.

With the exception of the area known as PINE ACRES subdivision, all of the foregoing proposed boundaries for the incorporated Town of Havelock coincide with or include the established boundaries of the aforementioned Havelock Sanitary District but are not limited to the said established boundaries.

Sec. 3. The offices of said municipality shall consist of a mayor and five (5) commissioners.

Sec. 4. On the 25th day of July, 1959, the Craven County Board of Elections shall conduct an election in the area herein described as the proposed corporate limits of the Town of Havelock to determine whether or not the area described herein shall be incorporated as a municipal corporation, and to elect the members of the governing body if said area is incorporated. The call for said election shall (a) describe the territory proposed to be incorporated; (b) provide that the question as to whether or not said area shall be incorporated shall be submitted to a vote of the qualified electors; (c) advise that a mayor and five (5) commissioners will be elected to govern the town if incorporated; (d) name the registrars and judges of election, location of polling places, time for registration, date of election and hours of voting. The registration books shall be open for registration of voters on June 27, July 4, and July 11, 1959. July 18, 1959, shall be challenge day and the election shall be held on July 25, 1959. Said call shall be published in one or more newspapers once a week for four (4) consecutive weeks prior to said election. The said Board of Elections for Craven County in conducting the election required to be held herein shall follow the procedure as outlined in this Act and the General Statutes of North Carolina relating to municipal elections where not in conflict with this Act. In the event that said area is incorporated all future elections shall be conducted in accordance with the General Statutes relating to municipal elections. All expenses attached to the holding of said election may be paid by the said Craven County Board of Elections, and the board of county commissioners are hereby directed to appropriate funds for such purpose to the Craven County Board of Elections.

Sec. 5. That at such election those voters who favor incorporating the area herein described shall vote ballots on which shall be printed the words: "For Incorporation", and those opposed shall vote ballots on which shall be printed the words: "Against Incorporation". If at such election a majority of the votes cast shall be for incorporation, then from and after the date of the declaration of the results of said election said area shall become a municipal corporation and the Charter contained in this Act shall be in full force and effect and all inhabitants of the area within the boundaries as established herein shall be and the same is hereby declared to be a body politic and corporate, and as such shall be entitled to all benefits and shall exercise such authority as prescribed by this Act, the Constitution and General Laws of the State for municipal corporations.

Sec. 6. At the time said County Board of Elections issues a call for the election to be conducted on the question as to whether or not said area shall be incorporated it shall also issue a call in the same manner for the election of a mayor and a board of five (5) commissioners, who will constitute the governing body of said municipality if at the election herein provided for a majority of the votes cast shall be for incorporation. Any qualified elector who has resided in the area to be incorporated for a period of not less than one year immediately preceding the date of the election shall be eligible to be nominated for mayor or a member of the board of commissioners by petition of any five electors of the area, who shall be designated as his sponsor. No elector shall sign more than one such petition. With each signature shall be stated the place of residence of the signer. Nomination petitions shall be filed with the County Board of Elections for the election called for in this Act not later than fourteen (14) days prior to the date of the election. Thereafter, if such area is incorporated, such nomination petitions shall be filed with the chairman of the County Board of Elections. Said petitions shall be in the following form:

"We, the undersigned five (5) electors of the Town of Havelock, hereby name and sponsor ______________________, whose residence is ______________________ for the office of ___________________, to be voted for at the election to be held on __________ day of ________________, 19____.

"We individually certify that we are electors and that we have not signed any other nominating petition.

Name ______________________    Street and Number ______________________

Name ______________________    Street and Number ______________________

Name ______________________    Street and Number ______________________

Name ______________________    Street and Number ______________________

Name ______________________    Street and Number _______________________ ."

Sec. 7. That in the event that a majority of the votes in the election herein provided for shall be for incorporation, then and in that event, the officers so elected at such election shall serve for a term of two years and until their successors have been duly qualified and elected.

Sec. 8. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 9. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 12th day of June, 1959.