NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 667

HOUSE BILL 529

 

 

AN ACT TO VALIDATE ACTIONS HERETOFORE TAKEN IN RELATION TO SANITARY DISTRICTS, INCLUDING THE CREATION THEREOF, THE ISSUANCE OF BONDS THEREBY, AND THE APPOINTMENT OR ELECTION OF MEMBERS OF THE GOVERNING BOARDS THEREOF.

 

The General Assembly of North Carolina do enact:

 

Section 1.  All actions heretofore had and taken by the boards of commissioners of the various counties of the State, by the State Board of Health, by any officer thereof or by any other agency, board or officer of the State in the formation and creation of sanitary districts in the State wheresoever situate, and the formation and creation, or the attempted formation and creation, of any and all such sanitary districts are hereby in all respects legalized, ratified, approved, validated and confirmed, and each and all such sanitary districts are hereby declared to be lawfully formed and created and to be in all respects legal and valid sanitary districts.

Sec. 2.  All actions and proceedings heretofore had and taken in the appointment or election of any members of any sanitary district board are hereby in all respects legalized, ratified, approved, validated and confirmed, and any and all members of any such board heretofore appointed or elected shall have all the powers and may perform all the duties required or permitted of them to be performed by Article 12 of Chapter 130 of the General Statutes until their respective successors are elected and qualified: Provided, however, that any vacancy in any sanitary district board may be filled as provided in Section 130‑127 of the General Statutes.

Sec. 3.  The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

Sec. 3 1/2.  Nothing in this Act shall be construed to create, revive, or renew proceedings to create a sanitary district where a court of competent jurisdiction has ruled that such district was not legally or properly created.

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.5.  The provisions of this Act shall not apply to pending litigation.

Sec. 5.  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 6th day of June, 1961.