NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 979

SENATE BILL 388

 

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF HENDERSONVILLE IN HENDERSON COUNTY WITH REFERENCE TO THE POWER TO BORROW MONEY AND ISSUE BONDS AND LEVY TAXES FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST THEREOF, AND TO REPEAL SECTIONS 2 TO 5, INCLUSIVE, OF CHAPTER 100 OF THE PRIVATE LAWS OF 1927, RELATING TO THE CITY OF HENDERSONVILLE, AND ALL LAWS AND PARTS OF LAWS IN CONFLICT WITH THE PROVISIONS OF THIS ACT.

 

The General Assembly of North Carolina do enact:

 

Section 1. That Section 31 of the Charter of the City of Hendersonville, a municipal corporation in Henderson County, being Chapter 352 of the Private Laws of 1913, as amended by Section 1 of Chapter 868 of the 1959 Session Laws, be and the same is hereby further amended by striking out the words "and for the purpose of providing payment of interest and for a sinking fund on its present or future indebtedness" and adding at the end of said Section 31 a sentence reading as follows:

"The Commissioners shall annually levy and collect an ad valorem tax upon all taxable property in the City of Hendersonville sufficient to pay the principal of and the interest on any bonds heretofore or hereafter issued by said City as such principal and interest become due; provided, however, that such tax may be reduced by the amount of other moneys appropriated and actually available for such purpose."

Sec. 2. That Section 47 of said Chapter 352 be and the same is hereby amended to read as follows:

"Sec. 47. The City of Hendersonville, through its governing body, is hereby authorized to borrow money and issue bonds for the enlargement, improvement or extension of any waterworks or sanitary sewerage facilities of the City of Hendersonville or of the Board of Water Commissioners of the City of Hendersonville, and is further authorized to borrow money and issue bonds of the City for any purpose provided by The Municipal Finance Act, 1921, as heretofore or hereafter amended, or by any other general law of North Carolina. Any such bonds shall be authorized and issued in the manner and subject to the provisions of The Municipal Finance Act, 1921, as heretofore or hereafter amended, or such other general law, and without regard to any limitations or requirements contained in any other provision of this Chapter or in any special, private or local law. All of the provisions of any general law of North Carolina under or subject to which bonds of the City of Hendersonville may be issued shall be applicable to the City of Hendersonville in the issuance of such bonds and for the security thereof."

Sec. 3. That Sections 2 to 5, inclusive, of Chapter 100 of the Private Laws of 1927 entitled: "An Act to enlarge the powers and duties of the Board of Water Commissioners of the City of Hendersonville" be and the same are hereby repealed.

Sec. 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

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 17th day of June, 1961.