S.L. 1959-51

NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

CHAPTER 51

SENATE BILL 48

AN ACT AUTHORIZING AND EMPOWERING THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY TO CONSTRUCT WATER AND SEWER LINES FROM THE CORPORATE LIMITS OF THE CITY OF WINSTON-SALEM TO UNINCORPORATED COMMUNITIES OR LOCATIONS IN RURAL FORSYTH COUNTY AND FOR OTHER PURPOSES.

WHEREAS, there are unincorporated areas in rural Forsyth County in which many people reside, living in an urbanized condition, whose homes are in close proximity to each other and where large groups of employees live in and around factories and mills in which areas public water and sewer facilities are not now available; and

WHEREAS, Forsyth County is the owner of the Forsyth County Farm, of which approximately five hundred (500) acres or more the Board of Commissioners of Forsyth County is of the opinion is not needed for any necessary governmental purpose and should be developed and transformed into an industrial park and to which property public water and sewage facilities should be made available in the near future by construction and operation of a water line and sewage facilities from the water and sewage systems of the City of Winston-Salem to said property; and

WHEREAS, in developing the Forsyth County Farm property as an industrial park and making available said properties for acquisition by sale or lease to industrial, commercial and business enterprises, and providing for the users of the properties and other properties which may be acquired for this purpose with an adequate supply of public water and sewage facilities will aid, assist and encourage the location of manufacturing, industrial and commercial plants or business establishments in Forsyth County, increase the taxable value of property of the county, promote and better safeguard the public health of the people in the rural communities of the county through which the water line or lines and sewage facilities will be constructed, and to whom public water and sewage facilities may be made available and in all promote the general welfare of Forsyth County: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. That the Board of Commissioners for the County of Forsyth is hereby authorized and empowered, by the adoption of an appropriate resolution or resolutions, to exercise any or all of the powers set forth in this Act, and to appropriate, make available, and to expend from any surplus funds or any funds not derived from tax sources such amounts which in the discretion of said board of commissioners should be used for any or all of the following purposes:

(a) To acquire, construct, reconstruct, extend, improve, lease and dispose of a water line or lines from the corporate limits of the City of Winston-Salem to and on the County Farm owned by Forsyth County and to any other community or location in Forsyth County outside of any municipality as referred to and set forth in the Preamble of this Act.

(b) To acquire, construct, reconstruct, extend, improve, lease and dispose of a sewer line or lines from the corporate limits of the City of Winston-Salem to and on the County Farm owned by Forsyth County and to any other community or location in Forsyth County outside of any municipality as referred to and set forth in the Preamble of this Act.

(c) To maintain and operate a water line or lines as referred to in subsection (a) of Section 1 of this Act, and to contract for a supply of water or to contract for the operation, maintenance and lease of any such system.

(d) To maintain and operate a sewer line or lines as referred to in subsection (b) of Section 1 of this Act, and to contract for the disposal of sewage or to contract for the operation, maintenance and lease of any such system.

(e) To construct, enlarge, maintain, improve and operate a sewage disposal plant and facilities on the Forsyth County Farm or on such other property which Forsyth County may acquire for this purpose.

(f) To lease and dispose of any sewage disposal plant and facilities or any part thereof and to contract for the operation of any such system.

(g) To develop and transform into an industrial park such portion of the Forsyth County Farm as the Board of Commissioners for the County of Forsyth may determine is not needed for any necessary governmental function of Forsyth County. In carrying out a plan for developing said property as an industrial park, the property may be subdivided into tracts or lots, streets and roads, and water and sewer lines constructed, and railroad facilities by means of spur tracks made available. Such other improvements may be made to said property as the board of commissioners may deem advisable and necessary to make same attractive for use by industrial, commercial and business enterprises.

(h) To acquire and hold rights-of-way and other property necessary for the maintenance and operation of water lines and sewage facilities as referred to in this Act. Whenever the Board of Commissioners for the County of Forsyth is unable to acquire suitable and necessary property for rights-of-way for water or sewer lines or for lateral lines leading from the main lines of water and sewer facilities and for a sewage disposal plant and system by gift or purchase, condemnation proceedings to acquire same may be instituted by such board of commissioners under the provisions of Article 2, Chapter 40, of the General Statutes, and the determination of said board of commissioners of the land necessary for such purposes shall be conclusive.

(i) To employ engineers, industrial planners, consultants, and other experts, and to make such engineering studies and surveys as the said board of commissioners may deem advisable and necessary to carry out any or all of the powers set forth in this Act.

(j) To expend such sums as said board of commissioners may deem advisable in advertising for sale or lease of such portion of the county-owned farm as the said board of commissioners may deem not necessary for governmental functions of Forsyth County in order to bring about the best economic use and industrialization of said property.

Sec. 2. The Board of Commissioners for the County of Forsyth may create a commission to be known by such name or designation as it may deem appropriate, whose duties and responsibilities shall be to advise the board of commissioners in the creation of an industrial park and in the sale, lease or disposition of the properties. The commission shall assist the board of commissioners in every manner in which the commission deems advisable and proper to bring about the best economic and industrial use of said property.

The commission shall consist of five (5) members elected by the board of county commissioners. The board of commissioners shall elect one of its members to serve as an ex officio member of the commission. The terms of the four (4) other members first elected shall expire as follows as designated by the board of county commissioners: The terms of two (2) members on the second December 31 following their election, and the terms of two (2) other members on the third December 31 following their election. Thereafter in December of each year members shall be elected or re-elected for full terms of three (3) years to succeed those whose terms expire in that month. The commission shall elect its own chairman. The members of the commission shall serve without compensation. The commission may with the approval of the board of commissioners appoint and prescribe the duties and responsibilities of an executive secretary. Such executive secretary may be paid such compensation and expenses, including the expense of maintaining an office as may be approved by the board of county commissioners.

The commission may recommend to the board of commissioners the employment of realtors for the sale, lease, or disposition of any properties of the industrial park, and the board of commissioners shall have the authority to pay such commissions or make such contracts, arrangements and agreements with any realtor or realtors as it may deem advisable in the sale or lease of any of the properties of the industrial park. The commission shall encourage the cooperation of any appropriate agency of the State of North Carolina, the Chamber of Commerce, and other civic organizations in Forsyth County in aiding and assisting the board of commissioners in the development, use, sale, lease, and disposition of the properties of the industrial park.

Sec. 3. The Board of Commissioners for the County of Forsyth may in deeds of conveyances, leases and other instruments relating to the sale, lease, or disposition of properties of the industrial park, regulate the location of structures on any specific tract; the size, height and bulk of buildings and other structures; the percentage of any lot or tract that may be occupied by buildings and allied uses of land; the character of land uses; and minimum and maximum performance standards for industrial or commercial operations within the industrial park by the insertion in deeds, leases, or other instruments such appropriate restrictive covenants as may be agreed upon by Forsyth County and the purchaser or lessee of any of the properties.

Sec. 4. The powers conferred by this Act shall be regarded as independent, supplemental and in addition to powers conferred by other laws and shall not supplant or repeal any existing powers or any provisions of law for the exercise of the authority contained in this Act.

Sec. 5. If any provisions of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the 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. 6. This Act shall apply to Forsyth County only.

Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 8. 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 10th day of March, 1959.