NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 246

HOUSE BILL 212

 

 

AN ACT TO AUTHORIZE THE BOARD OF DRAINAGE COMMISSIONERS OF HYDE COUNTY DRAINAGE DISTRICT NUMBER 7 TO PAY THE BALANCE OF COSTS INCURRED BY PETITIONERS IN ESTABLISHMENT OF DRAINAGE DISTRICT IN HYDE COUNTY.

 

WHEREAS, during the summer of 1956 certain persons of Hyde County petitioned the Clerk of the Superior Court of Hyde County for the establishment of a drainage district in Hyde County; and

WHEREAS, pursuant to G. S. 156-61 these petitioners deposited with the Clerk of the Superior Court of Hyde County the sum of two thousand dollars ($2,000.00) to pay the necessary costs of the drainage proceeding up to the time of the appointment of the drainage commissioners and establishment of the drainage district; and

WHEREAS, these petitioners gave their personal note to the East Carolina Bank in order to secure a loan of the two thousand dollars ($2,000.00) necessary for the establishment of the drainage district; and

WHEREAS, in accordance with the provisions of G. S. 156-61, upon the establishment of the drainage district the board of drainage commissioners refunded to the petitioners the two thousand dollars ($2,000.00) advanced by them; and

WHEREAS, the legal rate of interest which has accrued on the two thousand dollars ($2,000.00) sum advanced by the petitioners for the establishment of the drainage district has not been paid by the board of drainage commissioners; and

WHEREAS, the interest which accrued on the two thousand dollar ($2,000.00) sum advanced by the petitioners constituted a part of the necessary expenses incident to the establishment of Drainage District Number 7 in Hyde County; and

WHEREAS, it appearing that under G. S. 156-61 it was intended by the Legislature that all funds advanced or expenses incurred by the petitioners for the establishment of a drainage district would be refunded by the board of drainage commissioners upon the establishment of the drainage district: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. The Board of Drainage Commissioners of Hyde County Drainage District Number 7 is hereby authorized, in its discretion, to pay to the petitioners out of the drainage district funds, such sums of money as would constitute a fair interest return for the use of the moneys advanced pursuant to G. S. 156-61 during the period of such advance, as described above.

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

Sec. 3. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 9th day of April, 1959.