NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 261
SENATE BILL 478
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF MURPHY AND TO REPEAL PRIOR LOCAL ACTS.
The General Assembly of North Carolina enacts:
Section 1. The Charter of the Town of Murphy is hereby revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF MURPHY.
"ARTICLE I.
"Incorporation, Corporate Powers and Boundaries.
"Section 1.1. Incorporation. The Town of Murphy, North Carolina in the County of Cherokee, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the 'Town of Murphy' (hereinafter at times referred to as the 'Town').
"Section 1.2. Powers. The Town of Murphy shall have and may exercise all of the powers, duties, rights, privileges and immunities which are now or hereafter may be conferred, either expressly or by implication, upon the Town of Murphy specifically or upon municipal corporations generally by this Charter, by the State Constitution, or by general or local law.
"Section 1.3. Corporate limits. The corporate limits of the Town of Murphy shall be as follows:
Beginning on a concrete monument having a North Carolina State X coordinate of 498,592.6 feet and a Y coordinate of 526,888.9 feet, on the South bank of the Valley River on the North edge of a gravel road at a point known as the Meroney Bluff and runs thence South 16 degrees and 11 minutes West, a direct line, 5,583.4 feet to a concrete monument having a North Carolina State X coordinate of 497,036.4 feet and a Y coordinate of 521,526.6 feet on the Northeast bank of the Hiwassee River opposite the upstream end of the Murphy filter plant and runs thence South 57 degrees and 56 minutes East, up the Northeast bank of the Hiwassee River, 155.3 feet to a concrete monument having a North Carolina State X coordinate of 497,168.0 feet and a Y coordinate of 521,444.1 feet, said monument is at the down stream end of an old river crossing and runs thence South 3 degrees and 0 minutes West, with old river crossing, 328.0 feet to a concrete monument having a North Carolina State X coordinate of 497,150.8 feet and a Y coordinate of 521,116.5 feet on the Southwest bank of the Hiwassee River in the old Sycamore Lane and runs thence South 19 degrees and 21 minutes West, with said Sycamore Lane, 510.5 feet to a Tennessee Valley Authority boundary monument number HR256-1, having a North Carolina State X coordinate of 496,980.9 feet and a Y coordinate of 520,635.6 feet, thence continuing up an old road the folowing courses: South 15 degrees and 21 minutes East 92.8 feet, South 7 degrees and 47 minutes East 156.6 feet, South 14 degrees and 42 minutes East 197.8 feet, South 34 degrees and 51 minutes East 122.5 feet, South 40 degrees and 01 minutes East 158.1 feet, South 61 degrees and 12 minutes East 121.7 feet, South 78 degrees and 36 minutes east 133.6 feet, South 68 degrees and 10 minutes East 153.7 feet, South 63 degrees and 01 minutes East 220.0 feet, South 55 degrees and 12 minutes East 212.9 feet, South 14 degrees and 16 minutes West 229.7 feet to a concrete monument having a North Carolina State X coordinate of 497,943.0 feet and a Y coordinate of 519,393.0 feet, in the center of an old road and on the Tennessee Valley Authority boundary line on top of Morgan Hill and continues thence with the center of the old road South 22 degrees and 19 minutes West 87.6 feet to a point on said road and runs thence South 16 degrees and 36 minutes East 67.7 feet to a concrete monument having a North Carolina State X coordinate of 497,929.1 feet and a Y coordinate of 519,247.0 feet in the center of the old road, 30 feet Northeast of Martin's Creek Road on Morgan Hill and runs thence North 67 degrees and 17 minutes West, a direct line, 3,543.1 feet to a concrete monument having a North Carolina State X coordinate of 494,661.0 feet and a Y coordinate of 520,615.3 feet on the Northwest edge of a branch which parallels West Hollow Street and runs thence North 60 degrees and 29 minutes West, 2,319.25 feet to a point in the right-of-way of US 64 highway having a North Carolina State X coordinate of 492,642.6 feet and a Y coordinate of 521,759.4 feet and runs thence South 47 degrees and 50 minutes West with the right-of-way of US 64 highway 261.42 feet to a point marked by an iron pipe and runs thence South 8 degrees and 25 minutes West 371.37 feet to a point marked by a 16" Black Oak and runs thence South 65 degrees and 23 minutes West 55.09 feet to a point marked by an iron pipe at a 18" Spanish Oak and runs thence North 42 degrees and 5 minutes West 185.17 feet to a point marked by a highway right-of-way monument and runs thence North 42 degrees and 5 minutes West 34.62 feet to a point marked by a highway right-of-way monument and runs thence North 41 degrees and 44 minutes West, crossing US 64 highway, 77.29 feet to a point marked by a highway right-of-way monument and runs thence North 41 degrees and 34 minutes West 153.76 feet to a point marked by an iron pipe on the right-of-way of the L & N Railroad and runs thence North 41 degrees and 34 minutes West 75.09 feet to a point in the centerline of the L & N Railroad and runs thence with the L & N Railroad the following five courses: North 45 degrees and 6 minutes East 100.0 feet to a point; North 44 degrees and 35 minutes East 196.0 feet to a point, North 47 degrees and 51 minutes East 100.0 feet to a point; North 51 degrees and 58 minutes East 100.0 feet to a point; North 54 degrees and 40 minutes East 28.65 feet to a point in the center of said railroad having a North Carolina State X coordinate of 492,379.17 feet and a Y coordinate of 521,941.32 feet which bears North 6 degrees and 19 minutes West 36.64 feet from the former corner of the Murphy City Limits and runs thence North 6 degrees and 19 minutes West, a direct line, 6,582.36 feet to a Tennessee Valley Authority boundary monument number HR318-6 having a North Carolina State X coordinate of 491,655.0 feet and a Y coordinate of 528,483.4 feet on top of the mountain above Lover's Leap bluff, and runs thence South 66 degrees and 27 minutes East, with the Tennessee Valley Authority boundary line 368.8 feet to a Tennessee Valley Authority angle iron and steel fence post corner number LS2-20, having a North Carolina State X coordinate of 491,990.3 feet and a Y coordinate of 528,337.3 feet at the foot of Lover's Leap bluff on the West bank of Hiwassee River said corner being the Northeast corner of the land purchased by the Cherokee County Development Corporation from the United States of America by and through its legal agent Tennessee Valley Authority for an industrial site and runs thence North 20 degrees and 25 minutes East, a direct line, diagonally across and with the flow of the Hiwassee River, 1322.3 feet to a concrete monument having a North Carolina State X coordinate of 492,451.4 feet and a Y coordinate of 529,576.5 feet in the mouth of a hollow at a quarry on the Northwest side of branch and runs North 65 degrees and 01 minutes East, a direct line, 1145.0 feet to a Tennessee Valley Authority concrete boundary monument number HR414-8, having a North Carolina State X coordinate of 493,489.3 feet and a Y coordinate of 530,060.0 feet and runs thence South 27 degrees and 26 minutes East, with the Tennessee Valley Authority boundary line, 305.6 feet to a Tennessee Valley Authority boundary monument number HR414-9, having a North Carolina State X coordinate of 493,630.1 feet and a Y coordinate of 529,788.8 feet and runs thence South 27 degrees and 29 minutes East with the said Tennessee Valley Authority boundary, 278.0 feet to a Tennessee Valley Authority boundary monument number HR414-10, having a North Carolina State X coordinate of 493,758.4 feet and a Y coordinate of 529,542.2 feet then leaving the Tennessee Valley Authority boundary and running thence North 80 degrees and 16 minutes East, with the top of the ridge, 137.3 feet to a point and runs thence North 65 degrees and 10 minutes East 71.6 feet to a point and runs thence North 21 degrees and 46 minutes East 77.3 feet to a concrete monument having a North Carolina State X coordinate of 493,987.3 feet and a Y coordinate of 529,667.3 feet at the West edge of the pavement of the rural paved road number 1363 (Texana Road) at the entrance to the present City Landfill and runs thence North 86 degrees and 18 minutes East, a direct line, 2151.2 feet to a concrete monument having a North Carolina State X coordinate of 496,135.4 feet and a Y coordinate of 529,807.7 feet and runs thence North 8 degrees and 51 minutes East, a direct line, 3700.0 feet to an iron pin having a North Carolina State X coordinate of 496,704.6 feet and a Y coordinate of 533,463.6 feet at Brittian Branch below the Town reservoir and runs thence down said branch the following courses: South 18 degrees and 05 minutes East 122.0 feet, South 17 degrees and 28 minutes East 167.5 feet, South 22 degrees and 06 minutes East 160.1 feet, South 37 degrees and 13 minutes East 142.2 feet, South 26 degrees and 31 minutes East 113.9 feet, South 76 degrees and 51 minutes East 135.8 feet, South 47 degrees and 10 minutes East 145.2 feet, South 39 degrees and 14 minutes East 128.2 feet, South 37 degrees and 06 minutes East 93.1 feet, South 8 degrees and 55 minutes West 98.3 feet, South 4 degrees and 22 minutes East 80.4 feet, South 43 degrees and 40 minutes East 55.9 feet, South 3 degrees and 14 minutes West 92.1 feet, South 25 degrees and 37 minutes East 96.8 feet, South 27 degrees and 28 minutes East 110.8 feet, South 47 degrees and 00 minutes West 81.1 feet, South 38 degrees and 36 minutes West 115.4 feet, South 51 degrees and 14 minutes West 96.8 feet, South 35 degrees and 22 minutes West 95.1 feet, South 4 degrees and 24 minutes East 105.8 feet, South 20 degrees and 03 minutes East 131.7 feet, South 38 degrees and 01 minutes East 109.3 feet, South 24 degrees and 19 minutes East 111.2 feet, South 36 degrees and 44 minutes West 94.5 feet, South 11 degrees and 41 minutes East 102.3 feet, South 23 degrees and 24 minutes East 120.2 feet, South 26 degrees and 51 minutes East 138.5 feet, South 33 degrees and 03 minutes East 98.6 feet, South 36 degrees and 28 minutes East 113.6 feet, South 53 degrees and 32 minutes West 37.0 feet, South 54 degrees and 26 minutes East 102.2 feet, South 43 degrees and 35 minutes West 37.7 feet, South 22 degrees and 41 minutes West 70.2 feet, South 30 degrees and 44 minutes East 83.5 feet, South 24 degrees and 24 minutes West 74.3 feet, South 0 degrees and 55 minutes East 78.6 feet, South 15 degrees and 54 minutes East 134.0 feet, South 45 degrees and 56 minutes West 83.2 feet, South 36 degrees and 52 minutes West 103.4 feet, South 48 degrees and 10 minutes West 91.7feet, South 3 degrees and 36 minutes West 60.7 feet, South 3 degrees and 30 minutes East 115.1 feet, South 21 degrees and 10 minutes East 291.0 feet, South 33 degrees and 35 minutes East 268.3 feet, South 65 degrees and 25 minutes East 97.5 feet, South 23 degrees and 18 minutes East 60.9 feet, South 39 degrees and 43 minutes West 90.7 feet, South 72 degrees and 02 minutes East 136.6 feet, South 3 degrees and 18 minutes West 194.6 feet, South 34 degrees and 10 minutes East 274.2 feet, South 40 degrees and 58 minutes East 230.2 feet, South 43 degrees and 52 minutes East 172.8 feet, North 31 degrees and 17 minutes East 33.6 feet, South 44 degrees and 43 minutes East 58.5 feet, South 57 degrees and 49 minutes East 129.6 feet, South 0 degrees and 16 minutes East 21.6 feet, South 88 degrees and 33 minutes West 50.5 feet, South 23 degrees and 14 minutes East 27.8 feet, South 0 degrees and 24 minutes West 62.0 feet, South 84 degrees and 18 minutes East 49.6 feet, South 87 degrees and 16 minutes East 69.0 feet, North 77 degrees and 34 minutes East 107.6 feet, South 58 degrees and 50 minutes East 37.6 feet, South 11 degrees and 15 minutes East 88.1 feet, South 70 degrees and 00 minutes East 63.6 feet to a point in the center of Valley River opposite the mouth of Brittian Branch, having a North Carolina State X coordinate of 498,759.7 feet and a Y coordinate of 528,155.2 feet and runs thence down the said Valley River the following courses: South 7 degrees and 13 minutes East 1044.3 feet to a point and runs thence South 60 degrees and 17 minutes West 319.4 feet to a point in the Valley River at Meroney Bluff, having a North Carolina State X coordinate of 498,613.5 feet and a Y coordinate of 526,960.9 feet and runs thence South 16 degrees and 11 minutes West 75.0 feet to a concrete monument, the point of beginning.
"ARTICLE II.
"Mayor and Board of Commissioners.
"Section 2.1. Governing body. The Mayor and Board of Commissioners, elected and constituted as herein set forth, shall be the governing body of the Town. On behalf of the Town, and in conformity with applicable laws, the Mayor and Board may provide for the exercise of all municipal powers, and shall be charged with the general government of the Town.
"Section 2.2. Selection of the Mayor; term of office; duties. The Mayor shall be elected by the qualified voters of the Town for a term of four years, in the manner provided by Article III of this Charter. The Mayor shall be the official head of the Town government, and shall preside at all meetings of the Board of Commissioners. The Mayor shall have the right to vote on matters before the Board only where there is an equal number of votes in the affirmative and in the negative.
"Section 2.3. Board of Commissioners; terms of office. The Board of Commissioners shall be composed of six members, each of whom shall be elected for a term of four years, in the manner provided by Article III of this Charter.
"Section 2.4. Mayor Pro Tempore. In accordance with applicable State laws, the Board of Commissioners shall appoint one of its members to act as Mayor Pro Tempore to perform the duties of the Mayor in the Mayor's absence or disability. The Mayor Pro Tempore as such shall have no fixed term of office, but shall serve in such capacity at the pleasure of the remaining members of the Board.
"ARTICLE III.
"Elections.
"Section 3.1. Regular municipal elections; conduct. At the regular municipal election to be held in 1981, and every four years thereafter, municipal elections shall be held in the Town, and shall be conducted in accordance with the uniform municipal election laws of North Carolina.
"Section 3.2. Method of election; officers elected at large. The Mayor and members of the Board of Commissioners shall be elected every four years according to the partisan primary and election method set out in G.S. 163-291. The Mayor and members of the Board shall be elected by all of the qualified voters of the Town.
"ARTICLE IV.
"Organization and Administration.
"Section 4.1. Form of government. The Town shall operate under the Mayor-Council form of government, in accordance with Part 3 of Article 7 of Chapter 160A of the General Statutes.
"Section 4.2. Town Attorney. The Board of Commissioners shall appoint a Town Attorney who shall be licensed to engage in the practice of law in the State of North Carolina. It shall be the duty of the Town Attorney to prosecute and defend suits against the Town; to advise the Mayor, Board of Commissioners and other Town officials with respect to the affairs of the Town; to draft all legal documents relating to the affairs of the Town; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the Town may be concerned; to attend meetings of the Board of Commissioners; and to perform other duties required by law or as the Board of Commissioners may direct.
"Section 4.3. Town Clerk. The Board of Commissioners shall appoint a Town Clerk to keep a journal of the proceedings of the Board, to maintain in a safe place all records and documents pertaining to the affairs of the Town, to be the chief administrative official for the Town, and to perform such other duties as may be required by law or as the Board of Commissioners may direct.
"Section 4.4. Town Tax Collector. The Board of Commissioners shall appoint a Town Tax Collector to collect all taxes, licenses, fees and other moneys belonging to the Town, subject to the General Statutes, the provisions of this Charter, and the ordinances of the Town. The Town Tax Collector shall diligently comply with and enforce all the laws of North Carolina relating to the collection of taxes by municipalities. The duties of the Tax Collector may be conferred upon the Town Clerk, or any other Town employee.
"Section 4.5. Other administrative officers and employees. Consistent with applicable State laws, the Board of Commissioners may establish other positions, provide for the appointment of other administrative officers and employees, and generally organize the Town government in order to promote the orderly and efficient administration of the affairs of the Town.
"ARTICLE V.
"Electric Power Board.
"Section 5.1. Power Board continued. There shall continue to be a Power Board for the Town of Murphy, to be known and designated as 'The Town of Murphy Electric Power Board', hereinafter referred to as the 'Power Board'. The Power Board shall consist of three citizens who are customers of the Power Board, who shall serve staggered terms of six years each. That Francis C. Bourne, Jr. be and he is hereby appointed a member of and as Chairman of said Board to serve for a term of six years from and after the effective date of this act; Jerry O'Henry Hatchett be and he is hereby appointed a member of said Board to serve for a term of four years from and after the effective date of this act; and William F. Forsyth be and he is hereby appointed a member of said Board to serve for a term of two years from and after the effective date of this act. Vacancies in the membership of said Board shall be filled by the governing body of the Town of Murphy for the balance of the term and the successors to the members of said Board appointed by this act shall be appointed by the governing body of the Town of Murphy for terms of six years each. A member of the Town Board of Commissioners shall be eligible to serve as a member of the Power Board.
"Section 5.2. Compensation of Power Board members. The members of the Power Board shall each receive compensation from the funds under its control in such sum as fixed by the governing board of the Town of Murphy.
"Section 5.3. Organization. At the expiration of the Chairman's term of office as fixed by this act or in the event of a vacancy in the Chairman's term of office as fixed by this act the Power Board shall elect a Chairman, and may, at its discretion, employ someone not a member of the Power Board to act as Secretary. The Power Board shall hold at least one public meeting per month and as many special meetings as may be necessary or convenient, at a time and place to be determined by the Power Board. The presence of two of the members of the Power Board shall constitute a quorum for the transaction of the business of the Power Board. The Power Board shall keep a typewritten record of all regular and special meetings and shall keep such minutes in a permanent minute book.
"Section 5.4. Powers. (a) Independent Control. The Power Board shall have and exercise and is hereby granted all the powers and duties now possessed by the Town of Murphy with respect to the construction, acquisition, operation, maintenance, improvement, and extension of the electric transmission and distribution plant and appurtenant properties and facilities (hereinafter called 'the system') now owned and hereafter acquired by or on behalf of the Town of Murphy. The Power Board, acting by itself or through its duly authorized officers and employees, shall have and maintain full control and complete jurisdiction over the management, operation, maintenance, and improvement of the system and may do any and all acts and things that are necessary, convenient or desirable to the exercise of such control and jurisdiction and to the establishment, preservation, and promotion of an orderly, economic and businesslike administration of the system. Except as expressly provided in this act, the system shall be free from the jurisdiction, direction or control of other Town officers and employees and of the Town Board of Commissioners.
(b) Surety Bonds. The Power Board shall require corporate surety bonds from such of the system's officers and employees, and in such amounts as the Power Board shall deem necessary. Premiums for such bonds shall be paid out of the funds of the system.
(c) Rates. The Power Board shall fix rates to be charged for services rendered by the system. Such rates shall be fair, reasonable and uniform for all customers in the same class, but different rate schedules may be applied to different classes of customers, as determined by the Power Board. The rates for electric service shall be fixed in conformity with the resale rates that the Town is required to charge by the Town's contractural obligations with the Tennessee Valley Authority.
(d) Contracts, Leases and Agreements. The Power Board may enter into such leases, contracts and agreements as it deems necessary or desirable in conducting the business and operations of the system, so long as the same are in accordance with the statutes of the State of North Carolina. The authority given the Power Board by this section shall not be construed to mean that the Power Board has the authority to sell, lease or otherwise dispose of all or a major part of the system, unless such transaction is approved by the Board of Commissioners of the Town by ordinance.
(e) Short-Term Loans. The Power Board is hereby authorized to borrow money for a period not to exceed three years and to issue negotiable notes, payable from the revenues of the system or a part thereof, as evidence of such loans, subject to the approval of the Board of Commissioners of the Town. Such short-term notes shall bear interest at not exceeding the maximum rate of interest allowed by law. The action of the Power Board with respect to issuance thereof may be by resolution or resolutions which may be adopted at the same meeting at which introduced and shall take effect immediately upon adoption by the Power Board and approval by the Board of Commissioners of the Town.
(f) Long-Term Revenue Bonds. The Power Board is hereby authorized to provide for the issuance of long-term bonds for the acquisition, construction, improvement, and/or expansion of the electric system from time to time in the manner hereinafter provided. Such bonds shall be issued by the Board of Commissioners pursuant to the then applicable general or special statutes authorizing the issuance and sale thereof, and shall be issued in such amounts and at such times, and shall bear such maturity dates, as the Power Board shall direct, and it shall be the duty of the Board of Commissioners to provide for the issuance of such bonds pursuant to any such general or special statutes as directed by the Power Board; Provided, however, that the Board of Commissioners shall not be required to issue any such bonds without its approval if the bonds to be issued are payable out of the Town's general income and revenue, it being the intention hereof that the Power Board be empowered to direct the issuance of such bonds only when the bonds are to be payable solely from the revenues of the electric system.
(g) Rules and Regulations. The Power Board shall have authority to make and enforce all necessary and desirable rules and regulations for the efficient use, operation and management of the system.
(h) Eminent Domain. The Power Board is hereby authorized to exercise the right of eminent domain on behalf and in the name of the Town of Murphy for the purpose of acquiring any property, real, personal, or mixed, necessary or useful in exercising the power and authority conferred in this Article. The title to all property acquired by the Power Board either by contract or by condemnation shall be taken in the name of the Town of Murphy.
(i) Employment of Personnel. The Power Board shall have the power to employ and fix the duties and compensation of such officers and employees as it deems necessary or convenient for the operation of the system. The power to employ and fix the compensation of officers and employees of the system may be delegated by the Power Board to the superintendent of the system after he has been appointed by the Power Board.
(j) Recreation Appropriation. The Power Board is authorized to appropriate not more than one thousand dollars ($1,000) per year to help provide wholesome recreation for the Town of Murphy.
"Section 5.5. Duties. (a) The Power Board shall keep the funds, books and accounts of the system separate and apart from all other funds, books and accounts of the Town or any of the departments thereof. The funds of the system, including revenues from the operation thereof, shall be deposited in the name of the Power Board. Such funds shall be disbursed only on voucher signed by the superintendent of the system issued pursuant to resolution or order of the Power Board, a certified copy of which shall be filed in the office of the fiscal agent of the Power Board.
(b) The Power Board shall make and file with the Board of Commissioners on the first day of January and the first day of July each year a financial statement showing the financial operations of the system during the preceding six months and the financial condition of the system.
(c) The Power Board shall cause to be paid all obligations for which the Town may now be or hereafter become liable because of the ownership and operation of the system. All such obligations which are general obligations of the Town may be paid either directly to those to whom the obligations are owed or to the Treasurer of the Town for payment over to those entitled to such payments. This Article shall not in any way impair any obligations heretofore entered into by the Town and shall not change or alter the obligations of any existing contracts, all of which, insofar as they apply to the system, shall be binding on the Power Board.
(d) The Power Board shall dispose of its gross revenues from system operations in the following manner:
(1) Revenues shall first be used for the payment of all current system operating expenses, including salaries, wages, cost of materials, supplies and services, power at wholesale, and insurance.
(2) Next, provisions shall be made for payment of interest on and retirement of indebtedness incurred by the Power Board or the Town for system purposes, including amortization and/or sinking fund payments thereon.
(3) Thereafter, revenues shall be used to establish and maintain reasonable reserves for replacement, new construction and contingencies, and to provide a reasonable amount of cash working capital.
(4) Thereafter, the Power Board shall pay into the general fund of the Town an amount in lieu of ad valorem taxes on the property of the system not to exceed the amount of taxes payable on private property of a similar nature.
(5) All revenues remaining after making provision for items above enumerated in the order in which they are stated shall be considered surplus revenues to be used solely for system purposes and primarily as a basis for reduction of rates to the electric consumers.
"Section 5.6. Purpose. It is the intent and purpose of this Article to create the Power Board as a separate and independent unit of government insofar as control, management and operation of the system are concerned and this Article shall be liberally construed to accomplish such intent and purpose.
"ARTICLE VI.
"SPECIAL PROVISIONS.
(Reserved)
Sec. 2. The purpose of this act is to revise the Charter of the Town of Murphy and to consolidate herein certain acts concerning the property, affairs, and government of the Town. It is intended to continue without interruption those provisions of prior acts which are consolidated into this act, so that all rights and liabilities that have accrued are preserved and may be enforced.
Sec. 3. This act shall not be deemed to repeal, modify, or in any manner affect any of the following acts, portions of acts, or amendments thereto, whether or not such acts, portions of acts, or amendments are expressly set forth herein:
(a) Any acts concerning the property, affairs, or government of public schools in the Town of Murphy.
(b) Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.
Sec. 4. The following acts or portions of acts, having served the purposes for which they were enacted, or having been consolidated into this act are hereby repealed:
Private Laws of 1850-51, Chapter 342
Private Laws of 1870-71, Chapter 61
Private Laws of 1887, Chapter 8
Private Laws of 1887, Chapter 131
Private Laws of 1889, Chapter 239
Public Laws of 1893, Chapter 217
Private Laws of 1893, Chapter 140
Private Laws of 1901, Chapter 352
Private Laws of 1903, Chapter 136
Private Laws of 1905, Chapter 228
Private Laws of 1907, Chapter 224
Private Laws of 1908, Extra Session, Chapter 60
Private Laws of 1909, Chapter 184
Public-Local Laws of 1911, Chapter 107
Private Laws of 1911, Chapter 4
Private Laws of 1911, Chapter 157
Private Laws of 1911, Chapter 387
Private Laws of 1913, Chapter 260
Private Laws of 1913, Extra Session, Chapter 1
Private Laws of 1921, Extra Session, Chapter 112
Private Laws of 1921, Extra Session, Chapter 121
Private Laws of 1921, Extra Session, Chapter 127
Private Laws of 1923, Chapter 34
Private Laws of 1927, Chapter 113
Private Laws of 1929, Chapter 123
Public-Local Laws of 1931, Chapter 412
Private Laws of 1933, Chapter 220
Private Laws of 1935, Chapter 155
Public-Local Laws of 1937, Chapter 630
Public-Local Laws of 1941, Chapter 141
Public-Local Laws of 1941, Chapter 356
Session Laws of 1945, Chapter 429
Session Laws of 1947, Chapter 143
Session Laws of 1947, Chapter 590
Session Laws of 1949, Chapter 278
Session Laws of 1949, Chapter 710
Session Laws of 1953, Chapter 806
Session Laws of 1957, Chapter 894
Session Laws of 1957, Chapter 956
Session Laws of 1961, Chapter 990
Session Laws of 1965, Chapter 533
Session Laws of 1971, Chapter 139
Session Laws of 1971, Chapter 611.
Sec. 5. The following acts having served the purposes for which they were enacted, are hereby repealed only insofar as they relate to the Town of Murphy:
Private Laws of 1913, Chapter 494
Public-Local Laws of 1937, Chapter 135
Session Laws of 1949, Chapter 901.
Sec. 6. No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):
(a) now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this act;
(b) derived from, or which might be sustained or preserved in reliance upon, action heretofore taken pursuant to or within the scope of any provisions of law repealed by this act.
Sec. 7. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(a) the repeal herein of any act repealing such law, or
(b) any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.
Sec. 8. (a) All existing ordinances and resolutions of the Town of Murphy and all existing rules or regulations of departments or agencies of the Town of Murphy, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified or amended.
(b) No action or proceeding of any nature (whether civil or criminal, judicial or administrative, or otherwise) pending at the effective date of this act by or against the Town of Murphy or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.
Sec. 9. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this 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. 10. Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statute, or to the General Statute which most clearly corresponds to the statutory provision which is repealed or superseded.
Sec. 11. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.
Sec. 12. This act is effective upon ratification.
In the General Assembly read three times and ratified, this the 2nd day of April, 1979.