S.L. 1969-213

1969 SESSION

CHAPTER 213

HOUSE BILL 366

AN ACT AMENDING THE CHARTER OF THE CITY OF NEW BERN IN CRAVEN COUNTY.

The General Assembly of North Carolina do enact:

Section 1. Section 12 of Chapter 1281 of the 1957 Session Laws, as amended by Section 4 of Chapter 1111 of the 1961 Session Laws, is amended by adding at the end thereof the following:

"Provided, however, the Board of Aldermen of the City of New Bern is specifically authorized to negotiate an agreement with the Board of County Commissioners of Craven County and the Craven County Board of Elections, as contemplated by Section 163-71 of the General Statutes of North Carolina, whereby the registration books, process, and records of the County would be used as the official record of registration of persons qualified to vote in said City elections or in any special election called by the Board of Aldermen. In the event such agreement is reached between the named parties for a regular municipal election or a special election, said election shall be conducted by the Board of Elections of Craven County, subject to the laws of the State of North Carolina regulating the conduct of primary elections, with the exception of the following:

"1. There shall be one (1) voting place in each ward of the City of New Bern, the several voting places to be established by the Craven County Board of Elections.

"2. Eligibility of candidates for office shall be determined under the provisions of this Charter.

"3. All candidates for Mayor or for membership on the Board of Aldermen shall file their candidacy with the City Clerk of the City of New Bern, as provided in this Charter, and shall pay the filing fees herein required. At the expiration of the term for filing, the City Clerk shall forthwith deliver to the Chairman of the Craven County Board of Elections a list of the candidates for each office over his signature and the seal of the City of New Bern to the end that the Craven County Board of Elections might proceed forthwith to have appropriate ballots printed.

"4. The Board of Aldermen, in meeting assembled at the City Hall on the next Friday night after the election, at 8:00 o'clock P.M., shall receive the certification of the results of the election from the Chairman of the Craven County Board of Elections, to the end that it might be inserted in the official records of the City of New Bern. The provisions of Section 11 of Chapter C of the Charter of the City of New Bern, being Session Laws of 1957, Chapter 1281, Section 22, shall control on the question of a run-off election, except that the written notice of a candidate demanding a second election as therein provided, shall be filed with the Chairman of the Craven County Board of Elections within five (5) days after the results of the election have been declared and announced by the Craven County Board of Elections. Such run-off election, in that event, shall be conducted by the Craven County Board of Elections.

"5. In the event the Board of Aldermen of the City of New Bern, the Board of Commissioners of Craven County and the Board of Elections of Craven County are unable to reach an agreement with respect to the conduct of a particular election, said election shall be conducted by the Board of Aldermen of the City of New Bern as herein otherwise set forth."

Sec. 2. Section 25 of Chapter 1281 of the 1957 Session Laws is amended by striking therefrom the last sentence thereof.

Sec. 3. That Section 2 of Chapter A of the Charter of the City of New Bern, entitled "Corporate Limits," being Session Laws of 1961, Chapter 1111, Section 1, be modified to read as follows:

"The corporate limits of the City of New Bern shall be as follows:

Beginning at the intersection of the channels of the Neuse River and Trent River; thence from this beginning up and with the channel of Neuse River to the intersection of the channels of Neuse River and Jack Smith's Creek; thence up and with the channel of Jack Smith's Creek to the East prong of Jack Smith's Creek; thence up and with the East prong of Jack Smith's Creek to the center of the Atlantic and North Carolina Railroad culvert; thence along the center line of the Atlantic and North Carolina Railroad North sixty-seven degrees fifty-six minutes West four thousand five hundred sixty feet (4560) more or less to a point; thence South forty-degrees five minutes West along the Northwest boundary of Oakland Gardens two thousand six and nine tenths feet (2006.9) to the northern right of way line of Neuse Road (U. S. Highway 70); thence in a southwesterly direction across Neuse Road (U. S. Highway 70 West) to a point in the southwesterly right of way line of said Highway; thence South thirty-nine degrees thirty minutes West one thousand six hundred eighty and five tenths feet (1680.5) to the northeastern property line of Parrot Park Subdivision; thence North fifty degrees twenty-seven minutes West four hundred ninety feet (490) more or less to a point; thence South forty-four degrees twenty-five minutes West twenty feet (20); thence North thirty-six degrees forty-five minutes West two hundred forty-one and five tenths feet (241.5); thence North thirty seven degrees 00 minutes West two hundred seventy-four and five tenths feet (274.5); thence South thirty-nine degrees forty-five minutes West four hundred ten feet (410); thence North fifty degrees twenty-five minutes West eight hundred sixty feet (860) to the Colony Estates Subdivision property line; thence North forty-three degrees forty-five minutes East two thousand four hundred fifty feet (2450) more or less to the center line of Neuse Road (U. S. Highway 70); thence in a westerly direction along the center line of U. S. Highway 70 one thousand four hundred twenty feet (1420) more or less to the northern right of way line of Colony Drive; thence along the northern right of way line of Colony Drive South fifty-three degrees thirty-three minutes West one thousand six hundred ninety one and eight hundredths feet (1691.08) to a point; thence North fifty degrees seven minutes West one hundred fifty-one and thirty-three hundredths feet (151.33) to a point; thence South thirty-nine degrees fifty-three minutes West one hundred forty-nine and twenty-three hundredths feet (149.23) to a point in the easterly right of way line of East Harnett Loop; thence along the easterly right of way line of East Harnett Loop North fifty degrees seven minutes West seventy-nine and thirty-nine hundredths feet (79.39); thence South thirty-nine degrees, fifty-three minutes West one hundred sixty-six feet (166) to a point; thence North eighty-six degrees fifteen minutes West one hundred fifty-five and sixty-five hundredths feet (155.65) to a point; thence South forty-four degrees thirty minutes West seventy-seven feet (77) to a point; thence South seventy-eight degrees forty-seven minutes West two hundred ninety-three and forty-one hundredths feet (293.41) to a point; (Northwest of intersection of Colony Drive and Roanoke Avenue); thence South eight degrees thirty-seven minutes East three hundred sixty-five and forty-seven hundredths feet (365.47) to a point; thence South eleven degrees thirteen minutes East one hundred fifty-five (155) feet to a point in the northerly right of way line of Halifax Circle; thence South eleven degrees twenty-four minutes West sixty-five feet (65) to a point in the southerly right of way line of Halifax Circle; thence South six degrees fifty-nine minutes East four hundred six and eleven hundredths feet (406.11)

to a point; thence South twenty-six degrees eight minutes East one hundred ninety-three and three one hundredths feet (193.03) to a point; thence South thirteen degrees fifty-two minutes East one hundred seventy-nine and seventy-one hundredths feet (179.71) to a point; thence South seventy-two degrees twenty-two minutes East fifty-nine feet (59) to a point; thence South forth-six degrees nineteen minutes East one hundred eighty-four and sixty-nine hundredths feet (184.69) to a point in the southerly right of way line of Halifax Circle; thence South forty-three degrees forty-one minutes West twenty-five feet (25) along the southern right of way line of Halifax Circle; thence South forty-six degrees nineteen minutes East one hundred fifty feet (150) to a point; thence South forty-three degrees forty-one minutes West seven hundred seventeen and seventy-five hundredths feet (717.75) to a point in the eastern right of way line of Elizabeth Avenue; thence South forty-eight degrees thirteen minutes East seven hundred twelve and twenty-seven hundredths feet (712.27) along the eastern right of way line of Elizabeth Avenue to a point in the property line of the Parrot Park Subdivision; thence along Parrot Park Subdivision property line South forty-two degrees forty-five minutes West seven hundred fifty-nine feet (759) to a point; thence along Parrot Park Subdivision property line South fifty-one degrees forty-five minutes East three thousand one hundred fifteen feet (3115) to a point; thence along Parrot Park Subdivision property line North thirty-nine degrees eleven minutes East two thousand fifteen feet (2015) to a point; thence South forty-six degrees forty-seven minutes East five hundred ninety and two tenths feet (590.2) to an iron; said line being parallel to Elizabeth Avenue and approximately two hundred eighty-six feet (286) South of the southern right of way line of Elizabeth Avenue; thence South forty-three degrees one minute West one thousand seven hundred forty-five feet (1745) to an iron, said line being the western property line of the Pinnix property; thence South eighty-two degrees nineteen minutes East six hundred seventeen and five tenths feet (617.5) to an iron in the northwest corner of Bern Village; thence South two degrees one minute East along the southwest boundary of Bern Village one thousand two hundred ninety-nine and six tenths feet (1299.6) to an iron in the northwestern right of way of U. S. Highway 17; thence South two degrees one minute East across U. S. Highway 17 four hundred twenty and one tenth feet (420.1) to the northwest corner of Tryon Realty Company property; thence South thirty-one degrees twenty-eight minutes East three hundred fifty feet (350); thence South thirty-six degrees twenty-four minutes East thirty-four and sixty-six hundredths feet (34.66); thence South thirty-four degrees thirty-nine minutes East two hundred and two one hundredths feet (200.02); thence South thirty-four degrees fifty-three minutes East one hundred and two one hundredths feet (100.02); thence South thirty-one degrees twenty-three minutes East one hundred and nine one hundredths feet (100.09); thence South thirty degrees ten minutes East ninety-nine and twenty-two hundredths feet (99.22); thence South thirty degrees twenty minutes East two hundred forty-nine and forty-four hundredths feet (249.44) to the center line of the Seaboard Coast Line Railroad's main track; thence South thirty degrees twenty minutes East to the southern right of way line of said Seaboard Coast Line Railroad; thence in an easterly direction along the south right of way line of the Seaboard Coast Line Railroad to the West property line of Fifth Street extended; thence South two degrees ten minutes West to the center line of Lane's Branch thence east along the center line of Lane's Branch to a point approximately five hundred feet (500) East of the intersection of Lane's Branch and Pembroke Road; thence South sixty five degrees, fifty-five minutes East one thousand one hundred fifty feet (1150) more or less; thence South twenty-four degrees, five minutes West, one thousand one hundred twenty-six feet (1126); thence South sixty-eight degrees 00 minutes East one thousand two hundred feet (1200) more or less; thence South sixty-one degrees fifty-five minutes East one thousand fifty-two feet (1052) to the westerly shore line of the Trent River; thence in a northerly direction along and with the westerly shore line of the Trent River to the mouth of and channel of Lawson Creek; thence eastwardly with the channel of Lawson Creek to the channel of Trent River to the point of beginning.

Saving and excepting, however, from the above description that certain parcel of property now owned by Manning, et al, which adjoins the subdivision known as Parrott Park and is more particularly described as follows:

Beginning at a point in the Northeasterly right of way line of Elizabeth Avenue, said point being in the Northwesterly right of way line of Bray Avenue; thence from this point of beginning North 50 degrees 27' West 191 feet; thence South 38 degrees 50' West, along and with a ditch, 825 feet; thence North 64 degrees 40' East 300 feet; thence North 57 degrees 20' East 143 feet; thence North 39 degrees 11' East 420 feet to the point of beginning.

This description encompasses the property identified as being owned by W. H. Edwards on plat entitled "Map of and Vicinity Property of Elizabeth H. Parrott, by Albert R. Bell, C. E., New Bern, North Carolina, December 10, 1959."

Excepted from this exception is the property heretofore conveyed by the owners thereof to the owners of Parrott Park on which is situate a segment of Elizabeth Avenue, said plot being at the Northeast end of the property described above.

Sec. 4. That Section 9 of Chapter C of the Charter of the City of New Bern, entitled "Time For Candidates To File; Fee; Ballots," being Session Laws of 1957, Chapter 1281, Section 20, as amended, be modified by deleting the $10.00 filing fee required of the Mayor and inserting in lieu thereof the sum of $20.00, and by deleting the $2.00 filing fee required of each candidate for Alderman and inserting in lieu thereof the sum of $10.00.

Sec. 5. That Section 15 of Chapter C of the Charter of the City of New Bern, entitled "City Divided Into Wards," being Session Laws of 1957, Chapter 1281, Section 26, as amended by Session Laws of 1961, Chapter 1111, Section 13, be modified as follows:

"Section 15. City Divided Into Wards. "The City of New Bern shall be divided into five (5) wards, particularly bounded and described as follows:

"First Ward: Beginning at a point in Neuse River where the center line of Dunn Street extended will intersect with the channel of said river and running thence westwardly with the center line of Dunn Street to the center line of National Avenue, George Street, and the Atlantic and North Carolina Railroad; thence southwardly with the center line of George Street to the center line of Cypress Street; thence eastwardly with the center line of Cypress Street to the center line of Howard Street; thence southwardly with the center line of Howard Street to the center line of Metcalf Street; thence southwardly with the center line of Metcalf Street to the channel of the Trent River; thence with the channel of Trent River and Neuse River to the point of beginning.

"Second Ward: Beginning at a point in the Trent River where the center line of Metcalf Street extended intersects with channel of said river, and running thence northwardly with the center line of Metcalf Street to the center line of Howard Street to the center line of Cypress Street to the center line of George Street; thence northwardly with the center line of George Street to the center lines of National Avenue, Dunn Street, and the Atlantic and North Carolina Railroad; thence northwardly with the center line of the Atlantic and North Carolina Railroad to the center line of A Street; thence westwardly with the center line of A Street to the center line of F Street; thence northwardly with the center line of F Street to the center line of K Street; thence southwardly with the center line K Street to the center lines of Chapman Street, Main Street, I Street; thence southwardly with the center line of Chapman Street to the center line of Cedar Street; thence eastwardly with the center line of Cedar Street to the center line of Oak Street; thence southwardly with the center line of Oak Street and Rountree Street to the center line of Broad Street and Queen Street; thence westwardly with the center line of Queen Street to the center line of Princess Street; thence southwardly with the center line of Princess Street to the center line of Pollock Street; thence westwardly with center line of Pollock Street to the center line of Liberty Street; thence southwardly with center line of Liberty Street and its extension to the channel of Lawson Creek; thence eastwardly with channel of Lawson Creek and Trent River to the point of beginning.

"Third Ward: Beginning at a point in Lawson Creek where the center line of Liberty Street extended intersects the channel of Lawson Creek; thence northwardly with the center line of Liberty Street to the center line of Pollock Street; thence eastwardly with the center line of Pollock Street to the center line of Princess Street; thence northwardly with the centerline of Princess Street to the center line of Queen Street; thence eastwardly with the center line of Queen Street to the center line of Rountree Street; thence northwardly with the center line of Rountree Street and Oak Street to the center line of Cedar Street; thence westwardly with the center line of Cedar Street to the center line of Chapman Street; thence northwardly with the center line of Chapman Street to the center lines of Main Street, K Street, I Street; thence westwardly with the center line of Main Street to the eastern property line of the Green Heights Subdivision according to Map Book Two, page 42, as recorded in the Craven County Register of Deeds Office; thence South with the East property line of the Green Heights Subdivision to the South property line of the Green Heights Subdivision; thence westwardly with the canal and along the South boundary of the Green Heights Subdivision to the northwest corner of Lot 13 and the northeast corner of Lot 14 of the plan of the Green Park Place according to Map Book Two, page 79, as recorded in the Craven County Register of Deeds Office; thence South along the lines dividing Lots 13 and 14 of the Green Park Place Subdivision to the center line of Colonial Way; thence westwardly with the center line of Colonial Way to the center line of Chattawka Lane; thence southwardly with the center line of Chattawka Lane to the center line of Trent Boulevard; thence eastwardly with the center line of Trent Boulevard to the intersection of the West property line of Fourth Street and Fourth Street extended and/or the division line of Lots 400 and 401 of the Ghent Subdivision thence southwardly with the West property line of Fourth Street extended and Fourth Street to its intersection with the southern right of way line of the Seaboard Coast Line Railroad; thence westwardly to the westerly right of way line of Fifth Street extended; thence South two degrees, ten minutes West to the center line of Lane's Branch; thence east along the center line of Lane's Branch to a point approximately 500 feet East of the intersection of Lane's Branch and Pembroke Road; thence South sixty five degrees, fifty-five minutes East one thousand one hundred fifty feet (1150) more or less; thence South twenty-four degrees, five minutes West one thousand one hundred twenty-six feet (1126); thence South sixty-eight degrees 00 minutes East one thousand two hundred feet (1200) more or less; thence South sixty-one degrees fifty-five minutes East one thousand fifty-two feet (1052) to westerly shore line of the Trent River; thence in a northerly direction along and with the westerly shore line of the Trent River to the mouth of and channel of Lawson Creek; thence in a westerly direction along and with the channel of Lawson Creek to the point of beginning.

"Fourth Ward: Beginning with the West property line of Fifth Street extended and the South line of the Seaboard Coast Line Railroad right of way, a point in the city limits line and running; thence eastwardly with the South line of the Seaboard Coast Line Railroad right of way to the West property line of Fourth Street extended; thence northwardly with the West line of Fourth Street and Fourth Street extended, said extension being the division lines between Lots Nos. 400 and 401 of the Ghent subdivision to its intersection with the center line of Trent Boulevard; thence westwardly with the center line of Trent Boulevard to the center line of Chattawka Lane; thence northwardly with the center line of Chattawka Lane to the center line of Colonial Way; thence eastwardly with the center line of Colonial Way to the property lines between Lots Nos. 13 and 14 of the Green Park Place subdivision according to Map Book 2, page 79, as recorded in the Craven County Register of Deeds office; thence northwardly with the property lines between Lots Nos. 13 and 14 of the Green Park Place to the canal, said canal being the southern line of the Green Park Apartments according to Map Book 4, page 100, as recorded in the Craven County Register of Deeds office; thence eastwardly along the canal and the South property line of said Green Park Apartments to the eastern property line of said Green Park Apartments; thence northwardly with the East property line of the Green Park Apartments to Garfield Street, said line being also the West lot line of Lot No. 7 of the Green Heights subdivision, said subdivision being recorded in Map Book 2, page 42, in the Craven County Register of Deeds office; thence westwardly with the South property line of Garfield Street to a point West of Clark Avenue, said point being the Southeast corner of the Washington Park Subdivision; thence North fifteen degrees six minutes West seven hundred ten and fifteen hundredths feet (710.15) to a point on Dillahunt Street; thence North twenty-five degrees four minutes West four hundred twenty feet (420) more or less to a point in the southern right of way line of Hazel Avenue; thence in an easterly direction along the southern right of way line of Hazel Avenue two hundred fifty feet (250) more or less to a point; thence in a northerly direction across Hazel Avenue extended to the southeast corner of the Carver Heights Subdivision; thence North six degrees forty-five minutes West six hundred five and eighty-seven hundredths feet (605.87); thence North seven degrees fifty-two minutes West one hundred forty-two and eighty hundredths feet (142.80) to the center line of a canal; said canal being the West branch of Jack Smith's Creek; thence in a Northeasterly direction along the center line of said canal to its intersection with the center line of the Atlantic and North Carolina Railroad; thence along the center line of the Atlantic and North Carolina Railroad North sixty-seven degrees fifty-six minutes West four thousand five hundred sixty feet (4560) more or less to a point; thence South forty degrees five minutes West along the Northwest boundary of Oakland Gardens two thousand six and nine tenths feet (2006.9) to the northern right of way line of Neuse Road (U. S. Highway 70); thence in a southwesterly direction across Neuse Road (U. S. Highway 70 West) to a point in the southwesterly right of way line of said Highway; thence South thirty-nine degrees thirty minutes West one thousand six hundred eighty and five tenths feet (1680.5) to the northeastern property line of Parrot Park Subdivision; thence North fifty degrees twenty-seven minutes West four hundred ninety feet (490) more or less to a point; thence South forty-four degrees twenty-five minutes West twenty feet (20); thence North thirty-six degrees forty-five minutes West two hundred forty one and five tenths feet (241.5); thence North thirty-seven degrees 00 minutes West two hundred seventy-four and five tenths feet (274.5); thence South thirty-nine degrees forty-five minutes West four hundred ten feet (410); thence North fifty degrees twenty-five minutes West eight hundred sixty feet (860) to the Colony Estates Subdivision property line; thence North forty-three degrees forty-five minutes East two thousand four hundred fifty feet (2450) more or less to the center line of Neuse Road (U. S. Highway 70); thence in a westerly direction along the center line of U. S. Highway 70 one thousand four hundred twenty feet (1420) more or less to the northern right of way line of Colony Drive; thence along the Northern right of way line of Colony Drive South fifty-three degrees thirty-three minutes West one thousand six hundred ninety-one and eight hundredths feet (1691.08) to a point; thence North fifty degrees seven minutes West one hundred fifty-one and thirty-three hundredths feet (151.33) to a point; thence South thirty-nine degrees fifty-three minutes West one hundred forty-nine and twenty- three hundredths feet (149.23) to a point in the easterly right of way line of East Harnett Loop; thence along the easterly right of way line of East Harnett Loop North fifty degrees seven minutes West seventy-nine and thirty-nine hundredths feet (79.39); thence South thirty-nine degrees, fifty-three minutes West one hundred sixty-six feet (166) to a point; thence North eighty-six degrees fifteen minutes West one hundred fifty-five and sixty-five hundredths feet (155.65) to a point; thence South forty-four degrees thirty minutes West seventy-seven feet (77) to a point; thence South seventy-eight degrees forty-seven minutes West two hundred ninety-three and forty-one hundredths feet (293.41) to a point; (Northwest of intersection of Colony Drive and Roanoke Avenue); thence South eight degrees thirty-seven minutes East three hundred sixty-five and forty-seven hundredths feet (365.47) to a point; thence South eleven degrees thirteen minutes East one hundred fifty-five (155) feet to a point in the northerly right of way line of Halifax Circle; thence South eleven degrees twenty-four minutes West sixty-five feet (65) to a point in the southerly right of way line of Halifax Circle; thence South six degrees fifty-nine minutes East four hundred six and eleven hundredths feet (406.11) to a point; thence South twenty-six degrees eight minutes East one hundred ninety-three and three one hundredths feet (193.03) to a point; thence South thirteen degrees fifty-two minutes East one hundred seventy-nine and seventy-one hundredths feet (179.71) to a point; thence South seventy-two degrees twenty-two minutes East fifty-nine feet (59) to a point; thence South forty-six degrees nineteen minutes East one hundred eighty-four and sixty-nine hundredths feet (184.69) to a point in the southerly right of way line of Halifax Circle; thence South forty-three degrees forty-one minutes West twenty-five feet (25) along the southern right of way line of Halifax Circle; thence South forty-six degrees nineteen minutes East one hundred fifty feet (150) to a point; thence South forty-three degrees forty-one minutes West seven hundred seventeen and seventy-five hundredths feet (717.75) to a point in the eastern right of way line of Elizabeth Avenue; thence South forty-eight degrees thirteen minutes East seven hundred twelve and twenty-seven hundredths feet (712.27) along the eastern right of way line of Elizabeth Avenue to a point in the property line of the Parrot Park Subdivision; thence along Parrot Park Subdivision property line South forty-two degrees forty-five minutes West seven hundred fifty-nine feet (759) to a point; thence along Parrot Park Subdivision property line South fifty-one degrees forty-five minutes East three thousand one hundred fifteen feet (3115) to a point; thence along Parrot Park Subdivision Property line North thirty-nine degrees eleven minutes East two thousand fifteen feet (2015) to a point; thence South forty-six degrees forty-seven minutes East five hundred ninety and two tenths feet (590.2) to an iron; said line being parallel to Elizabeth Avenue and approximately two hundred eighty-six feet (286) South of the Southern right of way line of Elizabeth Avenue; thence South forty-three degrees one minute West one thousand seven hundred forty-five feet (1745) to an iron, said line being the western property line of the Pinnix Property; thence South eighty-two degrees nineteen minutes East six hundred seventeen and five tenths feet (617.5) to an iron in the northwest corner of Bern Village; thence South two degrees one minute East along the southwest boundary of Bern Village one thousand two hundred ninety-nine and six tenths feet (1299.6) to an iron in the Northwestern right of way of U. S. Highway 17; thence South two degrees one minute East across U. S. Highway 17 four hundred twenty and one tenth feet (420.1) to the Northwest corner of Tryon Realty Company property; thence South thirty-one degrees twenty-eight minutes East three hundred fifty feet (350); thence South thirty-six degrees twenty-four minutes East thirty-four and sixty-six hundredths feet (34.66); thence South thirty-four degrees thirty-nine minutes East two hundred and two one hundredths feet (200.02); thence South thirty-four degrees fifty-three minutes East one hundred and two one hundredths feet (100.02); thence South thirty-one degrees twenty-three minutes East one hundred and nine one hundredths feet (100.09); thence South thirty degrees ten minutes East ninety-nine and twenty-two hundredths feet (99.22); thence South thirty degrees twenty minutes East two hundred forty-nine and forty-four hundredths feet (249.44) to the center line of the Seaboard Coast Line Railroad's main track; thence South thirty degrees twenty minutes East to the southern right of way line of said Seaboard Coast Line Railroad; thence in an easterly direction along the South right of way line of the Seaboard Coast Line Railroad to the point of beginning.

"Fifth Ward: Beginning at a point in the Neuse River where the center line of Dunn Street extended will intersect with the channel of said river and running thence northwardly with the channel of the said river to its intersection with Jack Smith's Creek extended; thence southwardly with the meanders of Jack Smith's Creek and the city limit line to the East prong of Jack Smith's Creek; thence southwardly with the East prong of Jack Smith's Creek and the city limit line to the culvert under the Atlantic and North Carolina Railroad; thence in a westerly direction along the center line of Atlantic and North Carolina Railroad to the West prong of Jack Smith's Creek one thousand fifty feet (1050) more or less; thence in a southwesterly direction along the center line of the West prong of Jack Smith's Creek (canal) to the northeast corner of Carver Heights Subdivision; thence South seven degrees fifty-two minutes East one hundred forty-two and eighty hundredths feet (142.80) to a point; thence South six degrees forty-five minutes East six hundred five and eight-seven hundredths feet (605.87); thence in a southerly direction across Hazel Avenue extended to its southern right of way line; thence in a westerly direction along southern right of way line of Hazel Avenue two hundred fifty feet (250) more or less to a point, said point being the northern end of the eastern property line of the Washington Park Subdivision Addition No. 1; thence South twenty-five degrees four minutes East four hundred twenty feet (420) more or less to a point on Dillahunt Street; thence South fifteen degrees six minutes East seven hundred ten and fifteen hundredths feet (710.15) to the southeast corner of Washington Park Subdivision, said point being on the South property line of Garfield Street extension and West of Clark Avenue; thence eastwardly with the northern property line of the Green Park Apartment property recorded in Map Book Four, page 100, and the South property line of Garfield Street to the north-east corner of the Green Park Apartments property and the western property line of Lot 7 of Green Heights Subdivision as recorded in Map Book Two, page 42, in the Craven County Register of Deeds office; thence southwardly with the East property line of Green Park Apartments and the western line of Lot 7 of the Green Heights Subdivision to the canal and the North property line of Green Park Place; thence eastwardly with the canal and the South boundary line of Green Heights Subdivision to the southeast corner of the Green Heights Subdivision; thence northwardly with the eastern boundary of the Green Heights Subdivision to the center line of Main Street; thence eastwardly with the center line of Main Street to the center lines of K Street, Chapman Street, and I Street; thence northeastwardly with the center line of K Street to the center line of F Street; thence southwardly with the center line of F Street to the center line of A Street; thence northeastwardly with the center line of A Street to the center line of the Atlantic and North Carolina Railroad; thence southeastwardly with the center line of the Atlantic and North Carolina Railroad to the intersection of George Street, National Avenue, and Dunn Street; thence northeastwardly with the center line of Dunn Street to the point of beginning.

"The Board of Aldermen may, in its discretion, from time to time modify the boundaries of said wards by adopting a resolution declaring the modification."

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7. This Act shall take effect retroactively to March 1, 1969.

In the General Assembly read three times and ratified, this the 11th day of April, 1969.