North Carolina Newspapers

PAGE TWO Pf«E rwa m. *Epwn Council Proceedings For Month Os December ■* , Edenton, N. C. i I i*e» Doc. 5, 1967. Council of k the Town of Edonton met r in joint session with mcm bej's of the Edenton Plan , nfhg atui Zoning Commis f siotr of- 7,r30 P. M. at the Build ing. * Cpuncil members pres out: Mayor John A. Mit chfner, Jr.. Luther C. Fa,rfcs, David G. Whit?, Thomas H. Shepard, Leo Katkaveck and J. O. El- i Phmning Board members .’^present:*R. Graham White, Chairman, Tom Hopkins, '.Yates Parrish, Larry Dowd, •i F. A. Jordan, Fred Sum- and N. J. George. | ’ Yieorge Woodall -of the • Ctinnvuntty Planning Di vision of- the N. C. Depart '<Vfneot of Conservation and Development, presented ~ -jfre Planning Board’s ’rec- Land Use Plan thoroughfare Plan for -Wh!% Council’s considera tion. After careful con sideration and motion of Thomas H. Shepard, sec s ended by Leo Katkaveck, it was unanimously car ried that the suggested Land Use and Thorough ; fare be approved by the Council. Motion by J. D. Elliott, seconded by Leo Katka veck and unanimously car ried that the following resolution be adopted: •J) Whereas, the Town of Edenton, North Carolina, recognizes the need to in sure its proper and orderly growth and to prevent fur ther development of unde sirable conditions; and, Whereas, community / .planning is recognized to be of primary importance for the growth and devel opment of the Town: and, Whereas, the financial resources of the Town are not adequate to finance the necessary and desirable .. program of community planning; and, Whereas, the Division of Community Planning of the North Carolina Depart ment of Conservation and Development can assist in obtaining federal urban planning, assistance funds to aid in defraying the costs of a planning pro gram and provide qualified personnel to perform the required planning work, Now, Therefore, Be It Resolved: That the Town Council of the Town of Edenton, North Carolina, requests the Division of Community Planning to arrange for the following planning services: Subdivision Regulations. Community Facilities Plan. Public Improvements Program. Neighborhood Analysis. Capital Improvements Budget and to obtain federal ur ba n planning assistance funds in the amount of SIO,OOO to aid in defraying the costs of the work spe cified above. Be It Further Resolved: for COLDS take 666 Taylor Theatre EDENTON, N. C. Thurs. and Fri, January 4-5 Cornel WUde and Jean Wallace in "BEACH RED" Saturday, January 6 Double Feature Craig Stevens in "GUNN" George Montgomery in "HOSTILE GUNS" Sum. Mon. and Tuee., January 7-8-6 James Garner and Robert Ryan in "HOUR Or THE GUN" Wed, Thurs, and Fri, January 10-11-12 All Features In Colm That the Town will make available the sum of $0,300 to be matched by federal funds and to pay for those costs not coyered under the Urban Planning As sistance Program, which sunj will be paid to the Di vision of Community Plan ning in accordance with the terms of a contract to be negotiated between the Town and - the North Ca rolina Department of Con- . servation and Develop ment. Edenton, N. C., Dec. 12, 1967. The Town Council of the Town of Edenton met this | day in regular session at 8' P. M. at the Edenton Mu nicipal Building. Members present: Mayor John A. Mitchener, Jr., Lusher C. Parks, David G. White, Henry G. Quinn, Thomas H. Shepard, Leo Katkaveck and J. D. El liott. Mayor Mitchener called the meeting to order and Councilman Parks gave the invocation. An ordi nance for the creation of the post of Auxiliary Po licemen was presented by Town Administrator W. B. Gardner. On motion by Thomas H. Shepard, sec onded by David G. White, unanimously carried adopt ing the following ordi nance: Auxiliary Policemen The Town Council may provide for the organiza tion, recruiting, training, equipping and appointing of Auxiliary Policemen for the Town of Edenton. Section 1. Duly appoint ed Auxiliary Policemen shall, while training and while performing duties on behalf of the Town inci dental to their appoint ment. toe entitled to work men’s compensation bene fits to the same extent as regular city employees. Compensation payments to Auxiliary Policemen shall be based upon the entrance salary of a regular city police patrolman at the time of the injury. Section 2. Auxiliary Po licemen shall receive such compensation ,J , for' their services as shall he fixed by the Town Council. Aux iliary Policemen shall not be entitled to any bene fits or compensation other than those provided by or pursuant to this Article. This Section shall not in any manner affect the rights of any person to benefits provided by the State of North Carolina or by act of Congress for civ-, ilian defense workers or Auxiliary Policemen. Section 3. The Town of Edenton shall be entitled to the same immunities with respect to the action of Auxiliary Policemen and in the performance of their duties or training or other wise, to which it is en titled with respect to the actions of regular Town Policemen in the perform ance of their duties. Mr. Gardner reported to the Council that various bids had been received for the institution of contain erized trash pickup in Edenton and it was sug gested that the Mayor ap point a committee to work with him and Mr. Parks to bring back a recommenda tion to the Council for purchase of this type of ] equipment. Street Superintendent J. C. Parks also stated that the packer unit we pres ently have is in a run down condition and said that action on purchase of a new truck would be needed very shortly. Mayor Mitchener appointed Street Commissioner David G. White and Leo Katkaveck, chairman of the Finance Committee, to work with these two men on this project. Motion by Henry G. Quinn, seconded by J. D. Elliott and unanimously carried adopting the fol lowing codes: 1. The Southern Stand ard Housing Code. 2. The National Electric Code. ( 33. The North Carolina Building Code. \ 4. The North Carolina'/ Plumbing Code with ap pendices. Motion by Luther C. Parks, seconded by Henry G. Qumn and unanimoun jjy adoDtin £ the i so. * THE CHOWAN HERALD, EDENTON. NORTH CAROLINA, THURSDAY, JANUARY 4, 1960. This agreement entered into this 12th day of De cember, 1967, by and be tween Edenton Housing Authority (herein called the “Local Authority”) and Town of Edenton, North Carolina (herein called the “Municipality”), witness eth: In consideration of the mutual covenants herein after set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term “Project” shall mean any low-rent housing hereafter develop ed as an entity by the lo cal Authority with finan cial assistance of the Unit ed States of America (herein called the “Govern ment”), excluding, how ever, any low-rent housing project heretofore covered by any contract for loans and annual contributions. (b) The term “Taxing Body” shall mean the state of any political subdivision or taxing unit thereof in which a project is situat ed and which would have authority to assess or levy taxes or to certify such real or personal property taxes to a taxing body or public officer to be levied for its use and benefit with respect to a project if it were not exempt from taxation. (c) The term “Shelter Rent” shall mean the total of all charges to all ten ants of a project for dwellings rents and non dwelling rents (excluding all other income of such project), less the cost to the local Authority of all dwelling and nondwelling utilities. (d) The term “Slum” shall mean any area where dwellings predominate which, by reason of dilapi dation, overcrowding, faul ty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The local Authority shall endeavor (a) to se cure a contract or con tracts with the government for loans and annual con tributions covering one or more projects comprising approximately 309 units of low-rent housing and (b) to develop and administer such project or projects, each of which shall be lo cated within the corporate limits of the municipality. The obligations of the par ties hereto shall apply to , each such project. 3. (a) Under the con stitution and statutes of the State of North Caro lina, all projects are ex empt from all real and personal property taxes levied or imposed by any taxing body. With respect to any project, so long as either (i) such project is owned by a public body or governmental agency and is used for low-rent hous ing purposes; or (ii) any contract between the local Authority and the govern ment for loans or annual contributions, or both, in connection with such pro ject remains in force and effect; or (iii) any bonds issued in connection with such project or any monies due to the government in connection with such pro ject remain unpaid, which ever period is the longest, the municipality agrees that it will not levy or im pose any real or personal property taxes upon such project or upon the local Authority with respect thereto. During such peri od the local Authority shall make annual pay ments (herein called “Pay ments in Lieu of Taxes”) in lieu of such taxes and in payment for the public services and facilities fur nished from time to time without other cost or charge for or with respect to such project. (b) Each such annual payment in lieu of taxes shall be made after the end of Hie fiscal year estab lished for such project, and shall be in an amount equal to either (i) ten per cent (10%) of the Shelter \Rent actually ccfllected but \in no event to exceed ten per cent (10%) of the Shelter Rent changed by Sie local Authority in re resaws I the amount permitted to be law in effect on the date such payment is made, whichever amount is the lower. (c) The municipality shall distribute the pay ments in lieu of taxes among the taxing bodies in the proportion which the real property taxes which would have been paid to each taxing body for such ■year if the project were not exempt from taxation •bears to the total real property taxes which would have been paid to all of the taxing bodies for such year if the pro ject were not exempt from taxation; provided, how ever, that a payment for any year shall be made to any taxing body in excess of the amount of the real property taxes which would have been paid to such taxing body for such year if the project were not exempt from taxation. (d) Upon failure of the local Authority to make any payment in lieu of taxes, no lien against any project or assets of the local Authority shall at tach, nor shall any interest or penalties accrue or at tach on account thereof. 4. The municipality agrees that, subsequent to the date of initiation (as de fined in the United States Housing Act of 1937, as amended) of each project and within five years after the completion thereof, or such further period as may be approved by the gov ernment, there has been or will be elimination (as ap proved by the government) by demolition, condemna tion, effective closing, or compulsory repair or im provement, of unsafe or in sanitary dwelling units situated in the locality or metropolitan area in which such project is located, substantially equal in num ber to the number of new ly Constructed dwelling units provided by such project; provided, that where more than one fam ily is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accommodated therein; and provided, further, that this pargraph 4 shall not ap ply in the case of (i) any project developed on the site of a slum cleared sub sequent to July 15, 1949, and that the dwelling units eliminated by the clear ance of the site of such project shall not be count ed as elimination for any other project or any other low-rent housing project, or (ii) any project located in a rural nonfarm area. 5. During the period commencing with the date of the acquisition of any part of the site or sites of any project and continuing so long as either (i) such project is owned by a public body or governmen tal agency and is used for low-rent housing purposes, or (ii) any contract be tween the local Authority and the government for loans or annual contribu tions, or both, in connec tion with such project re mains in force and effect, or (iii) any bonds issued in connection with such project or any monies dug. to the government .in con nection with such project remain unpaid, whichever period is the longest, the municipality without cost or charge to the local Au thority or the tenants of such project (other than the payments in lieu of taxes) shall: (a) Furnish or cause to be furnished to the local Authority and the tenants of such project public ser vices and facilities of the same character and to the same extent as are fur nished from time to time without cost or charge to other dwellings and inhab itants in the municipality; (to) Vacate such streets, roads and alleys within the area of such project as may be necessary in the development thereof, and convey without charge to the local Authority vacat ed areas; and, insofar as it is lawfully able to do so without cost or expense to the local Authority or to the municipality, cause to toe removed from such va may be necessary, all pub lic or private utility lines (c) Insofar as the mu- j nicipality may lawfully do < so, (i) grant such devia- 1 tions from the building : code of the municipality as l are reasonable and neces sary to promote economy , and efficiency in the de- ( velopment and administra- , tion of such project, and , at the same time. safe- , guard health and safety, , and (ii) make such changes i in any zoning of the site , and surrounding territory ( of such project as are rea- , sonable and necessary for , the development and pro tection of such propect and , surrounding territory; (d) Accept grants of ■ easements necessary for . the development of such i project; and , (e) Cooperate with the , local Authority by such other lawful action or ways , as the municipality and the < local Authority may find , necessary in connection j with the development and . administration of such pro- . ject. r 6. In respect to any ■ project the municipality ~ further agrees that within a reasonable time after , receipt of a written re- ■ quest therefor from the lo- , cal Authority. , (a) It will accept the ■ dedication of all interior < streets, roads, alleys and ■ adjacent sidewalks within , the area of such project, together with all storm ; and sanitary sewer mains ] in such dedicated areas, ( after the local Authority, : at its own expense, has . completed the grading, im provement, paving and in stallation thereof in ac cordance with specifica tions acceptable to the mu nicipality, (b) It will accept ne- 1 cessary dedications of i land, for and will grade, improve, pave and provide ■ sidewalks for all streets i bounding such project or necessary to provide ade- i quate access thereto (in i consideration whereof the local Authority shall pay i to the municipality such amount as would be as- i sessed against the project : site for such work if such ' site were privately owned) i and j (c) It will provide, or : cause to be provided, wa- 1 ter mains and storm and sanitary sewer mains, lead- • ing to such project and : servicing the bounding 1 streets thereof (in consid eration whereof the local Authority shall pay to the municipality such amount 1 as would be assessed against the project site for such work if such site were privately owned). 7. If by reason of the municipality’s failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed to hereunder to furnish or to cause to be furnished to the local Authority or to the ten ants of any project, the local Authority incurs any expense to obtain such services or facilities then the local Authority may deduct the amount of such expense from any pay ments in lieu of taxes or to become due to the mu nicipality in respect to any project or any other low rent housing projects own ed or operated by the lo cal Authority. 8. No cooperation agree ment heretofore entered into between the munici pality and the local Au thority shall be construed to apply .to any project covered by this agree ment. 9. So long as any con tract between the local Authority and the govern ment for loins (incliidnig preliminary loans) or an nual contributions, or both, in connection with any project remains in force and effect, or so long as any bonds issued in con nection with any project or any monies due to the government in connection with any project remain unpaid, this agreement shall not be abrogated, changed, or modified with out the consent of the government. The privil eges and obligations of the i municipality hereunder shall remain in full force and effect with respect to each project so long as the beneficial title to such project is held by the lo rtherA^b° rity by and ernmenta] agency, includ ing the government, auth orized by law to engage in the development or ad ministration of low - rent housing projects. If at any time the bene ficial title to, or possession of, any project is held by such other public body or governmental agency, in cluding the government, the provisions hereof shall inure to the benefit or and may ibe enforced by, such other public body or gov ernmental agency, includ ing the government.- In Witness Whereof, the municipality and the local Authority have respective ly signed this agreement and caused their seals to be affixed and attested as of the day and year first written above. Bids for two 1968 police cars were received by the Council and it was recom mended by Town Admin istrator W. B. Gardner that the bid be awarded to George Chevrolet Com pany, low. bidder for the 1968 Belairs equipped as requested for the trade of two 1967 Biscayne Chev rolets. On motion of Thomas H. Shepard, sec onded toy Luther C. Parks, unanimously carried award ing the bids to George Chevrolet Company for two 1968 Chevrolet police cars. Motion by Thomas H. Shepard, seconded by J. D. Elliott, unanimously carried adopting the fol lowing ordinance: An Ordinance Authorising The Mayor to Proclaim The Existence of a State Os Emergency and Im pose a Curfew During The Same: Be It Ordained by the Town Council of the Town of Edenton: Section 1. State of Emergency; Curfew Au thorized. (a) A state of emerg ency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, catas trophe, or similar public emergency, for any reason, municipal public safety au thorities are Jq maintain public order or afford adequate protection for lives, safety or prop erty. (b) In the event of an existing or threatened state of emergency en dangering the lives, safety, health and welfare of the people within the Town of Edenton, or threatening damage to or destruction of property, the Mayor of the Town of Edenton is hereby authorized and em powered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and, in order more effec tively to protect the lives, safety and property of people within the Town, to define and impose a cur few applicable to all per sons within the jurisdic tion of the city. (c) The Mayor is here by authorized and em powered to limit the ap plication of such a curfew to any area specifically designated and described within the corporate limits of the Town and to spe cific hours of the day or night; and to exempt from the curfew policemen, fire men, doctors, nurses and such other classes of per sons as may be essential to -the preservation of pub lic order and immediately necessary to serve the saf ety, health and welfare needs of the people within the city. (d) The Mayor shall proclaim the end of sueh state and curfew as soon as circumstances warrant or when directed to do so by the Town Council. (e) During the existence of a proclaimed state of emergency when a curfew has been imposed, it shall be unlawful for anyone subject to such curffcw: (1) To he or travel up on any public street, alley or roadway or upon public property, unless in search of medical assistance, for, or other commodity or ser vice necessary to sustain the well-being of himself or his family or some member thereof (2) To possess of one’s own premises, buy, sell, give awayy. or otherwise weapon of any\ kino; (3) To sell beer, wines, or intoxicating beverages of any kind; or to possess or consume the same off one’s own premises; (4) To sell gasoline or any other similar petro leum products, or any other inflammable sub stances, except as express ly authorized by the pro visions of the curfew im posed. Section 2. Any person violating any provision 6f this ordinance shall be guilty ■ of a misdemenor, punishable upon conviction by a fine not exceeding fifty dollars (SSO) or im prisonm :nt not exceeding thirty (JO) days, as pro vided by G. S. 14-4. Section 3. All ordi nances in conflict with the provisions of this ordi nance are hereby repealed. Section 4. This ordi nance shall be effective upon its adoption. John T. Bartlett, repre senting N. C. Natural Gas, requested the Council to continue with the second reading of a franchise for natural gas in the corpor ate limits of the Town of Edenton. Luther C. Parks raised objections for the E. & W. Board and re quested that further infor mation be gathered before this matter was voted on. It was the belief of the E. & W. Board that since this company would be in direct competition with the Electric Department, that further study be given on this matter. Motion by Thomas H. Shepard, sec onded by Luther C. Parks, unanimously carried de laying the second reading of the franchise until pro per information could be gathered. A petition from various establishments in Eden ton and Chowan County was presented to the Coun cil requesting the sale of 'beer be allowed in Eden ton on Sundays from 1 P. M. to 11:45 P. M. It was stated in the petition which is made part of these minutes that beer is sold on Sundays in Per quimans,, ~;Dare, j Pasquo tank, Washington and Tyrrell Counties, and that since the enactment of the “Brown Bagging Law” felt that the request was fully justified. Upon motion by Thomas H. Shepard, sec onded by David G. White, unanimously carried ap proving the sale of beer on Sundays in the corporate limits of the Town of Edenton from the hours of 1 P. M. to 11:45 P. M. Mr. Gardner was directed to contact proper officials on this matter. The petition read as fol lows: We, the undersigned li censed businesses of the Town of Edenton and Chowan County, North Ca rolina, do hereby petition the Town Council of the Town of Edenton and the County Commissioners of Chowan County to allow the sale of beer on Sun days between the hours of 1 P. M. and 11:45 P. M. We feel that this is ne cessary if we intend to stay abreast of the times, since beer is available on Sundays in many sur rounding count:es. Beer is sold on Sundays in Per quimans, Dare, Pasquo tank, Washington and Tyrrell Counties. Many persons leave Chowan County and drive into Perquimans each Sunday and return with beer pur chased in that county. And let us not forget that with the newly enacted "Brown Bagging Lav,” it is per fectly legal to take a bottle into an establishment and mix a drink, certainly more potent than beer. So we ask, in earnest, “why not beer”? We believe that this will benefit everyone con cerned, including the town and county because of added tax revenue. Your earnest considera tion to this matter will be greatly appreciated. The Edenton Restaurant Phthisic’s Super Market. Frank B. Miller, Sr. Frank Habit Colonial Motor Court W. Skittlethorpe. Chap's. J. M. Heel. unanimously can led ap proving E. & W. \bills in the amount of $43,284.22 for payment. ' Motion by Dalvid G. White, seconded by J. D. Elliott, unanimously car ried approving Tbwn of Edenton bills [in the amount us $21,268.60 for payment as Administrative Department U. S. Post Office/, $14.72; Mayor John A. Mitchener, Jr., $600.00; Councilmen’s salaries, $660.00; tyilliams ton Office Suppler, $6.95; Postmaster, $90.00*: J. A. Mitchener, Jr. (refund for NCLM), $50.00; The Cho wan Herald, $3.35'!; Town of Edenton, E. W„ $87.54; Mitchener’s, Pharm acy, 51c; Town of Eden- 1 ton, Street Dept.,/ $12.14; Nor. & Car. Tel. t & Tel Co., $108.42; total, *1,633.63. Police Departnient Shoes, clothing And fur nishings, $11.50; B|ill Per ry’s Texaco, $24.50; Los Angeles Stamp & [Station ery Co., $59.10; Los An geles Stamp & Stationery Co., $17.63; N. C. [Depart ment of Motor Vehicles, $6.25; Town of ' Ddenton, Street Department,' $199.55; The Chowan Herald, $389.86; Donald S. L,avigne[ $249.29; Edenton Office Supply, $8.01; WiHliamston Office Supply, s6.' 3; A-B l Emblem Corp., $88.43; * George Chevrol et Co., $66.86; Carl R. , Spruill; $42.00; The Hub Co., $862.75; CollMer-Mac- Millan Dist. Center, $5.30; Elliott Cleaners, $1 0.96; to tal, $2,048.72. Fire Deparlm ent Bill Perry’s Texaco, $5.70; Nor. & Car Tel. & Tel Co., $28.05; N. C. State Firemen’s (Associa tion, $63.00; Tmwn of Edenton, Street / Depart ment, $38.13; Town of Edenton, E. & wVyss4.B2; volunteer firemen/ Atlantic Supply Co., $89.85; M. G. Brown Co., $5.77; Ricks Laundry & Cleaners, $15.57; total, $654.69. Street Department Albemarle Mqtor Co., $15.09; Town of [Edenton, > E. & W., $22.34; I Motorola Comm. & 'eW.j,. $15.00; 5 i n c 1 a Co., $645.44; Edenton Tractor 6 Implement Co., $78,41; Edenton Tractor & Imple ment Co., $38.42; DeWitt Chemical Co., $368.23; De- Witt Chemical Ct>., $184.11; Byrum Implement & Truck 0., $34.02; Byrum Imple ment & Truck Co., $11.23; J. H. Conger & Son, $36.55; George Chevrolet Co., $6.68; J. D. McCotter, $186.72; Goodyear Service Stores, $126.64; Bynum Hardware Co., *8.63; M. G. Brown Co., $34.72; Ashley Welding & -Machine Co., $13.54; Bill Perry’s Texa- * co, $24.50; Edenton Auto Parts, $67.17; Hughes-Par ker Hardware Co., $45.41; Bunch’s Auto Parts, $46.71; Hcbbs Implement Co., $3.52; Southern Block & Pipe Co., $619.25; George K. Mack Asso/iates, $33.00; Nor. & Car. Tel. 8c Tel. Co., $11.00; Home Feed & Fertilizer Co., $21.63; Town i of Edenton, Street De- 1 partment, $307.37; total, 1 $3,005.33. 1 Other Expanse* First National Bank of I Eastern North Carolir/a, C. of D, $12)500.00; Chowan County, € ivi 1 Defense, $129.30; Tfcwn of Edenton, E. & W., 15 490.31; Federat ed Mutual, $450.00; State of North/ Carolina, Insur ance Department, $1.03; Delph Hardware & Spe cialty Cix, $9.29; Hughes- Parke,- Hardware Co., $9.96; Lula White’s Flower Shop, $10.56; White Heat ing 8c Sheet Metal Works, $55.79; Evelyn Swanner, $52.50; . Chowan County I Cancer Society, $5.00; Has sell Laafa Surveys, $110.00; Earnhardt & Evans, $28.45; N. C. ’Jepartment of Reve nue, $4.55; Orkin Exterm inating/Co., $25.00; De- Witt Chemical Co., $44.29; total, $13,926.03. There being no further business, the meeting ad journed. W. B. GARDNER, Administrate) r fevtflr •MU ft mmam ■ if