NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 587

SENATE BILL 425

 

 

AN ACT TO AMEND CHAPTER 113 OF THE PRIVATE LAWS OF NORTH CAROLINA, EXTRA SESSION OF 1921, SO AS TO TERMINATE THE BOARD OF WATER COMMISSIONERS OF THE CITY OF HENDERSONVILLE, PROVIDE FOR APPOINTMENT OF AN ADVISORY BOARD OF WATER COMMISSIONERS, AND EMPOWER THE BOARD OF CITY COMMISSIONERS OF THE CITY OF HENDERSONVILLE TO OPERATE AND CONTROL WATER WORKS AND SEWERAGE SYSTEMS.

 

The General Assembly of North Carolina do enact:

 

Section 1. Chapter 113 of the Private Laws of 1921, Extra Session, the same being entitled "An Act to Amend the Charter of the City of Hendersonville", and the several Acts amendatory thereof, are hereby amended by adding thereto the following new Sections to follow Section 26 and to read as follows:

"Sec. 26.1. From and after July 1, 1963, all powers, rights, privileges, franchises, duties, obligations and all corporate powers vested in the Board of Water Commissioners of the City of Hendersonville are hereby transferred to and vested in the Board of Commissioners of the City of Hendersonville; and all property, both real and personal, all contracts, rights, obligations and liabilities of the Board of Water Commissioners of the City of Hendersonville are transferred to the Board of Commissioners of the City of Hendersonville.

"Sec. 26.2. The said Board of Commissioners of the City of Hendersonville upon and after July 1, 1963, is hereby vested with all the power and authority relating to the establishment, operation and control of water works and sewerage systems as is conferred upon municipal corporations by virture of the laws of the State of North Carolina.

"Sec. 26.3. The Board of Water Commissioners of the City of Hendersonville is hereby abolished as of July 1, 1963.

"Sec. 26.4. The Board of Commissioners of the City of Hendersonville is hereby authorized to appoint an advisory board of water commissioners consisting of three members upon or after July 1, 1963, to perform such duties on such terms and conditions and in such manner as may be assigned to it by appropriate resolution of the Board of Commissioners of the City of Hendersonville. Of the original members appointed to the said advisory board, one shall hold a term of office of three (3) years, one shall hold a term of office of two (2) years, and one shall hold a term of office of one (1) year; thereafter, members of the advisory board shall be appointed to terms of three (3) years each. Terms shall commence upon July 1 of the year in which the members are appointed and the members shall hold office until their successors are appointed and qualified. Vacancies arising upon the said advisory board shall be filled by appointment of the Board of Commissioners of the City of Hendersonville for the remainder of the unexpired term of the member whose position is vacated.

"Sec. 26.5. The Board of Commissioners of the City of Hendersonville, from and after July 1, 1963, shall keep a separate statement and account of all moneys received by the city from the water works system and the sewerage system, and it shall be the duty of the Board of Commissioners of the City of Hendersonville to maintain and keep separate funds of said moneys which shall not be diverted to any purpose other than payment of obligations of indebtedness incurred in the expansion, development, maintenance and operation of the water works system and the sewerage system, and such funds shall not be paid to the general fund of the City of Hendersonville or any other fund."

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. 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 28th day of May, 1963.