NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 744

HOUSE BILL 782

 

 

AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE CITY OF CONCORD AND TO REPEAL PRIOR LOCAL ACTS.

 

The General Assembly of North Carolina enacts:

 

Section 1. The Charter of the City of Concord is hereby revised and consolidated to read as follows:

"THE CHARTER OF THE CITY OF CONCORD.

"ARTICLE I.

"INCORPORATION, CORPORATE POWERS AND BOUNDARIES.

"Section 1.1. Incorporation. The City of Concord, North Carolina in the County of Cabarrus, and the inhabitants thereof, shall continue to be a municipal body politic and corporate, under the name and style of the 'City of Concord', hereinafter at times referred to as the 'city'.

"Sec. 1.2. Powers. The City of Concord 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 City of Concord specifically, or upon municipal corporations generally, by this charter, by the State Constitution, or by general or local law.

"Sec. 1.3. Corporate limits. The corporate limits of the City of Concord shall be those existing at the time of ratification of this charter, as the same are set forth on an official map of the city, and as the same may be altered from time to time in accordance with law. The official map of the city showing its current corporate boundaries, entitled 'Map of the City of Concord, North Carolina', shall be maintained in the office of the city clerk, and shall be available for public inspection. Immediately upon alteration of the corporate limits made pursuant to law, the appropriate changes to the official map of the city shall be made.

"ARTICLE II.

"MAYOR AND BOARD OF ALDERMEN.

"Sec. 2.1. Governing body. The mayor and board of aldermen, elected and constituted as herein set forth, shall be the governing body of the city. On behalf of the city, 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 city.

"Sec. 2.2. Mayor; term of office; duties. The mayor shall be elected by and from the qualified voters of the city in the manner provided by Article III of this charter to serve for a term of four years, or until his successor is elected and qualified. The mayor shall be the official head of the city government and shall preside at all meetings of the board. He shall have the right to vote only when there is an equal number of votes in the affirmative and the negative on any motion before the board. The mayor shall exercise such powers and perform such duties as presently are or hereafter may be conferred upon him by the General Statutes of North Carolina, by this charter, and by the ordinances of the city.

"Sec. 2.3. Board of aldermen; composition; terms of office. The board of aldermen shall be composed of seven members, each of whom shall be elected by and from the qualified voters of the city for terms of four years each in the manner provided by Article III of this charter, provided they shall serve until their successors are elected and qualified.

"Sec. 2.4. Mayor pro tempore. In accordance with applicable State laws, the board of aldermen shall elect 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 shall serve in such capacity at the pleasure of the board.

"ARTICLE III.

"ELECTIONS.

"Sec. 3.1. Regular municipal elections; conduct and method of election. Beginning in 1977, regular municipal elections shall be held in the city every four years in odd-numbered years, and shall be conducted in accordance with the uniform municipal election laws of North Carolina. The mayor and board of aldermen shall be elected according to the partisan primary and election method of election, as set out in G.S. 163-291.

"Sec. 3.2. Election of the mayor and board of aldermen. (a)  The mayor shall be nominated and elected by all the voters of the city voting at large.

(b)       One member of the board of aldermen shall be nominated and elected by all the voters of the city voting at large. Six members of the board of aldermen shall reside in and represent the wards of the city, but shall be nominated and elected by all the voters of the city voting at large.

"Sec. 3.3. Wards; ward boundaries. (a)  The city shall continue to be divided into six single-member wards, with the ward boundaries being drawn so that each ward includes, as nearly as possible, the same number of persons residing therein.

(b)       The ward boundaries shall be those existing at the time of the ratification of this charter, as the same are set forth on an official map of the city. An official map, showing the current ward boundaries, shall be maintained permanently in the office of the city clerk, and shall be available for public inspection.

(c)       In accordance with State law, the board of aldermen shall be authorized to revise from time to time the ward boundaries of the city. Upon alteration of the ward boundaries pursuant to law, the board shall cause the appropriate changes to be made in the official map.

"ARTICLE IV.

"ORGANIZATION AND ADMINISTRATION.

"Sec. 4.1. Form of government. Except as otherwise provided in this Article, the city shall operate under the council-manager form of government, in accordance with Part 2 of Article 7 of Chapter 160A of the General Statutes.

"Sec. 4.2. City manager. The board of aldermen shall appoint a city manager who shall be the chief administrator of city government, and who shall be responsible to the board for the proper administration of the affairs of the city. The manager shall be appointed on the basis of merit only, and he shall serve at the pleasure of the board. Although he need not be a resident at the time of his appointment, the manager shall become a resident of the city after his appointment. In exercising his duties as chief administrator, the manager shall have the following powers and duties:

(a)       He shall appoint, suspend or remove all city officers and employees not elected by the people, and whose appointment or removal is not otherwise provided for by law, except the city attorney, the city treasurer and the director of utilities, and employees of the Board or Light and Water Commissioners, in accordance with such general personnel rules, regulations, policies, or ordinances as the board may adopt.

(b)       He shall direct and supervise the administration of all departments, offices, and agencies of the city, except the Board of Light and Water Commissioners, subject to the general direction and control of the board, except as otherwise provided by law.

(c)       He shall attend all meetings of the board and recommend any measures that he deems expedient.

(d)       He shall see that all laws of the State, the city charter and the ordinances, resolutions and regulations of the board are faithfully executed within the city.

(e)       He shall prepare and submit the annual budget and capital program to the city.

(f)        He shall annually submit to the board and make available to the public a complete report on the finances and administrative activities of the city as of the end of the fiscal year.

(g)       He shall make any other reports that the board may require concerning the operations of the city departments, offices, and agencies subject to his direction and control.

(h)       He shall be an ex officio member of the City Board of Light and Water Commissioners.

(i)        He shall perform any other duties that may be required and authorized by the board.

"Sec. 4.3. City attorney. The board of aldermen shall appoint a city 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 city attorney to prosecute and defend suits against the city; to advise the mayor, board and other city officials with respect to the affairs of the city; to draft all legal documents relating to the affairs of the city; to inspect and pass upon all agreements, contracts, franchises and other instruments with which the city may be concerned; to attend meetings of the board; and to perform other duties required by law or as the board may direct.

"Sec. 4.4. City tax collector. The board of aldermen shall appoint a city tax collector to collect all taxes, licenses, fees and other moneys belonging to the city, subject to the General Statutes, the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all the laws of North Carolina relating to the collection of taxes by municipalities.

"Sec. 4.5. City treasurer. The board of aldermen shall appoint a city treasurer to perform the duties of the finance officer as required by the Local Government Budget and Fiscal Control Act, and to perform such other duties as may be required by the board.

"Sec. 4.6. Organization of city government. Consistent with applicable State laws, the board may establish other positions, departments, boards, and agencies, and generally organize the city government in order to promote the orderly and efficient administration of the affairs of the city.

"ARTICLE V.

"BOARDS AND COMMISSIONS.

"CHAPTER 1.

"Light and Water Board.

"Sec. 5.1. Board established. There shall continue to be a body known as the Board of Light and Water Commissioners for the City of Concord, which shall have and may exercise the powers and duties set forth herein and such other powers and duties as may be conferred by law.

"Sec. 5.2. Composition of board; salary. The Board of Light and Water Commissioners shall be composed of five members. Three members shall be appointed by the board of aldermen for staggered terms of three years each. The city manager shall be a member ex officio, but shall not have a vote in its proceedings. The mayor shall be chairman ex officio and shall preside at all meetings. He shall have the right to vote only when there are an equal number of votes in the affirmative and in the negative on any motion before the Board of Light and Water Commissioners. The board of aldermen shall have authority to establish the compensation of the light and water commissioners.

"Sec. 5.3. General powers; operating procedures. (a)  The Board of Light and Water Commissioners shall continue to be a corporation under the same name and, as such, shall have the power to sue and be sued, to contract and be contracted with, to hold real and personal property, and exercise and enjoy the usual privileges of a corporation.

(b)       A majority of the Board of Light and Water Commissioners shall constitute a quorum for the transaction of business. All contracts, engagements and enactments of the board, within the scope and duty of its authority, shall be obligatory upon and be in law considered as if done by the City of Concord.

"Sec. 5.4. Specific powers and duties. The Board of Light and Water Commissioners is authorized and empowered to:

(1)       To operate and maintain a system of electricity, sewer and waterworks within and without the City of Concord and to take and hold, for the City of Concord, all rights, franchises and property of every kind now owned by the city, or that may hereafter be purchased, for the purpose of operating and maintaining a system of waterworks, sewers, and electricity for the city.

(2)       Fix and collect rates, fees and charges for the use of and for the services and facilities furnished or to be furnished in the form of electrical, sewer, and water service to be paid by the owner, tenant or occupant of each lot or parcel of land which may be served by such electrical, sewer and water facilities, and to revise such schedule of rates, fees and charges from time to time; to fix and collect charges for tapping or connecting to the water, sewer, and electrical lines; and to fix and collect a different schedule of rates, fees and charges for the use of electrical, sewer and water services and tapping services when rendered or made outside the corporate limits of the city, but the Board of Light and Water Commissioners shall in no case be compelled to furnish electrical, sewer, or water services outside the corporate limits of the city, or be liable for damages for failure to furnish the same. Such rates, fees and charges are to be uniform, just and equitable and based upon methods of computation adopted by the Board of Light and Water Commissioners.

(3)       Fix the times when rates, fees and charges for electrical, sewer, and water services shall become due and payable, and in case such rates, fees and charges are not paid within 10 days after becoming due, the same may at any time thereafter be collected by suit brought in the name of the Board. Upon the failure of the owner, tenant, or occupant of property for which services are furnished to pay the rates, fees, and charges when due, then the board or its agent or employees may cut off the service to such property; and when so cut off, it shall be unlawful for any person, firm or corporation other than the board or its agents or employees to turn on the services to such property.

(4)       Require a deposit by an owner, tenant or occupant of the premises to which electrical, sewer, or water services are to be rendered and to fix the amount thereof, which deposit shall be applied toward the payment of any delinquent rents, fees or charges due to the board by such owner, tenant or occupant for electrical, sewer or water services.

(5)       Acquire in the name of the Board of Light and Water Commissioners, either by purchase or by the exercise of the right of eminent domain in the manner provided in Chapter 40, Article 2 of the General Statutes of North Carolina entitled 'Eminent Domain', such land and rights and interests therein as it may deem necessary in connection with the construction, extension, enlargement, improvement or operation of its electrical, sewer and water systems both within and without the corporate limits of the city.

In addition thereto it may exercise for itself and in its name all power and authority provided by Article VI, Section 6.1.

(6)       Enter into contracts with the government of the United States or any agency or instrumentality thereof, or with the government of the State of North Carolina or any agency or instrumentality thereof, or with any county or instrumentality thereof or with any other municipality, sanitary district, private corporation, copartnership, association or individual providing for or relating to electrical, sewer and water services.

(7)       Out of the proceeds collected from the electrical, sewer, and water rates, fees, charges, and rentals, (a) pay the costs and expenses incurred in managing, operating, improving, maintaining, and extending its electrical, sewer, and water lines and systems; (b) provide for appropriate reserves for payment of principal and interest on bonds heretofore or hereafter issued by the city in connection therewith; (c) provide a reserve fund for emergencies and disasters in such amount as the Board of Light and Water Commissioners may deem advisable; (d) provide a reserve for future improvements and extensions in such amount as the Board of Light and Water Commissioners may deem advisable; (e) remit to the treasurer of the city all amounts which the Board of Light and Water Commissioners deems unnecessary to retain for the purposes herein set out.

"Sec. 5.5. Director of Utilities. The Board of Light and Water Commissioners is authorized to appoint and employ a Director of Utilities. The Director of Utilities shall direct and supervise all activities of the Board of Light and Water Commissioners, including the appointment, suspension or removal of its employees in accordance with such general personnel rules, regulations, policies or resolutions as the Board of Light and Water Commissioners, acting jointly with the board of aldermen, may adopt, and shall perform such other duties as the Board of Light and Water Commissioners may direct.

"Sec. 5.6. Sanitary inspectors. (a)  The Board of Light and Water Commissioners is hereby authorized and empowered to employ one or more sanitary inspectors, whose salaries shall be fixed by the board and whose terms of office shall be at the pleasure of the board. Such inspectors shall be appointed for the purpose, and only for the purpose of patrolling the area comprising the watershed of the public water supply of the city, such watershed being located in the Counties of Cabarrus and Rowan.

(b)       Each sanitary inspector so appointed shall, before entering upon the duties of his office, take and subscribe the usual oath. Such oath, with a copy of the commission of appointment, shall be filed with the clerk of the superior court of each county into which the watershed extends, and such inspector shall possess within the limits of the watershed all of the powers vested in a peace officer of the State of North Carolina for the enforcement of the several statutes, rules and regulations enacted by the State of North Carolina or promulgated by any agency thereof relating to water protection, and only for such purpose. Each sanitary inspector so appointed is authorized and empowered to enter upon any premises and into any building upon such watershed for the purpose of making the inspections required by the Public Health Laws of the State of North Carolina, and such inspector is authorized and empowered to arrest without formal warrant any person who in the presence of the inspector is engaged in the violation of any of the laws, rules and regulations enacted or promulgated with respect to water protection.

(c)       Whenever the board shall no longer require the services of any inspector so appointed as aforesaid, it shall file a notice to that effect in the several offices in which notice of such appointment was originally filed, and thereupon the power of such inspector shall cease and be determined.

"Sections 5.7 through 5.10 reserved.

"CHAPTER 2.

"Alcoholic Beverage Control Board.

"Sec. 5.11. Board established. There shall continue to be a board known as the Alcoholic Beverage Control Board of the City of Concord, which shall have and may exercise all of the powers and duties enumerated herein.

"Sec. 5.12. Composition of board. The alcoholic beverage control board shall be composed of a chairman and two other members who shall be appointed by the board of aldermen. The chairman and each member shall be well known for their character, ability and business acumen, and shall serve for staggered terms of three years each. Their successors, or any vacancy, shall be filled by appointment of the board of aldermen.

"Sec. 5.13. Powers and duties. The alcoholic beverage control board shall have all the powers and duties imposed by Chapter 18A of the General Statutes on county boards of alcoholic control, and shall be subject to the powers and authority of the State Board of Alcoholic Beverage Control the same as county boards of alcoholic control, as provided in Chapter 18A of the General Statutes; provided, no city alcoholic beverage control stores shall be located or operated within 450 feet of any school or church in the city. The alcoholic beverage control board and the operation of any city alcoholic beverage control store shall be subject to the provisions of Chapter 18A of the General Statutes, except to the extent which the same may be in conflict with the provisions of this Chapter.

"Sec. 5.14. Distribution of profits. Out of the net profits remaining after the payment of all costs and operating expenses, and after retaining a sufficient and proper working capital, the board of alcoholic beverage control shall distribute the net profits as follows: the first fifteen percent (15%) for law enforcement; of the remaining balance, twenty-five percent (25%) to Cabarrus County and seventy-five percent (75%) to the City of Concord.

"Sec. 5.15. Expenditures for law enforcement. The funds allocated for law enforcement in Section 5.14 (15%) shall be expended by the alcoholic beverage control board for law enforcement. In the expenditure of such funds, the board shall employ one or more ABC officers to be appointed by and be directly responsible to the board. The persons so appointed shall take the oath of office prescribed by law for peace officers and shall have the same powers and authority, both within the City of Concord and Cabarrus County, as other peace officers of the city and county, including the common law of hot pursuit as set forth for ABC officers in Chapter 18A of the General Statutes.

"Sec. 5.16. Law enforcement - joint agreement. With approval of the board of aldermen, the alcoholic beverage control board may enter into a joint undertaking with any unit or units of government, whereby ABC officers employed by the board may exercise their power and authority outside the boundaries of Cabarrus County. When entering into such a joint undertaking, the alcoholic beverage control board shall execute a contract or agreement with the cooperating unit or units of government, and shall comply with the provisions of Part 1, Article 20, G.S. Chapter 160A relating to interlocal cooperation.

"Sections 5.17 through 5.20 reserved.

"CHAPTER 3.

"Firemen's Supplementary Pension Fund.

"Sec. 5.21. Fund created. There shall continue to be a supplementary pension fund for the Fire Department of the City of Concord, to be known as the 'Concord Firemen's Supplementary Fund', hereinafter referred to as the 'supplementary pension fund'. The fund shall be administered by a board of five trustees composed of the chief of the fire department of the city, two firemen who shall be elected by a majority vote of the chief and members of the fire department, and two members of the board of aldermen designated by the board upon recommendation of the chief and members of the fire department. The members of the board of trustees shall be elected for a term of one year and shall hold office until their successors are elected and qualified.

"Sec. 5.22. Transfer of funds. All funds coming into the firemen's relief fund under G.S. 118-5 that will increase the fund to an amount in excess of five hundred dollars ($500.00) shall be transferred immediately to the 'supplemental pension fund' so as to leave in the firemen's relief fund an amount not greater than five hundred dollars ($500.00) at any time.

"Sec. 5.23. Eligibility for benefits; retirement procedure. (a)  Any person who is a full-time paid member of the Concord Fire Department, as shown by the records of the city, shall be eligible for benefits from the 'supplementary pension fund'; provided that no such person shall be eligible for benefits from the 'supplementary pension fund' unless such person has 30 years service in the Concord Fire Department or has been retired as a member of the Concord Fire Department under the Social Security Act, or any retirement system the city may participate in, or because of a disability. Any disability retirement shall be on a medical board's recommendation. The board of trustees shall designate a medical board composed of three physicians. In special or unusual cases, the board of trustees may employ one or more other physicians, if, in their opinion, the same shall be advisable or necessary. The medical board shall arrange for and make physical examinations and pass upon all medical examinations, all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement and shall report in writing to the board of trustees its conclusion and recommendations upon the matters referred to it. Upon the application of a member for disability retirement, he may be retired by the board of trustees not less than 30 days nor more than 90 days next following the date of filing application, provided, that the medical board, after a medical examination of such member, shall certify that such member is mentally or physically incapacitated for further performance of duty, that such incapacity is likely to be permanent and that such member should be retired.

(b)       Once each year during the first five years following retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may, and upon his application, shall require any disability member who has not yet attained the age of 60 years to undergo a medical examination, such examination to be made at the place of residence of the member, or other place mutually agreed upon, by a physician or physicians designated by the board of trustees. Should any disability member who has not yet attained the age of 60 years refuse to submit to at least one medical examination in any such year by a physician or physicians designated by the board of trustees, his allowance may be discontinued until his withdrawal of such refusal; and, should his refusal continue for one year, all his rights in and to his pension may be revoked by the board of trustees.

(c)       Should the medical board report and certify to the board of trustees that such disability member is engaged in, or is able to engage in, a gainful occupation paying more than the difference betwen his retirement allowance and the average annual compensation and should the board of trustees concur in such report, then the amount of his pension shall be reduced to an amount which together with his pension and the amount earnable by him, shall equal the amount of his average annual compensation. Should his earning capacity be later changed, the amount of his pension may be further modified. Should he be restored to a full employment in the Concord Fire Department, or by other employer, at a salary equal to his compensation at the time of disability, his retirement shall cease. Should it be determined he is physically able to return to full employment in the Concord Fire Department before he has attained 60 years of age and he refuses employment, he forfeits all rights to a retirement pension. This Chapter does not modify or alter in any way the Workmen's Compensation Laws of the State of North Carolina.

"Sec. 5.24. Retirement pension. Any full-time paid member of the fire department who retires or is retired under the provisions of this Chapter shall receive monthly for the remainder of his life from the 'supplementary pension fund' an amount equal to two percent (2%) for each five years of service up to 30 years' service; after 30 years or more service, he shall be eligible to receive fourteen percent (14%) of his average monthly compensation. In no case shall the retirement pension exceed fourteen percent (14%) of his monthly compensation at the time of retirement.

"Sec. 5.25. Treasurer. The Chief of the Concord Fire Department, as a member of the board of trustees of the 'supplementary pension fund', shall be treasurer and custodian of the fund and shall pay the beneficiaries thereof on the first day of each and every month any monies in his possession that such beneficiaries may be entitled to under the provisions of this Chapter.

"Sec. 5.26. Bond required. The Chief of the Concord Fire Department, as custodian of the 'supplementary pension fund', shall be required to give a bond with an indemnity company authorized to do business in the State of North Carolina as surety in a sum equal to one and one-quarter times the maximum amount estimated by the board of trustees as likely to be in his possession as such custodian at any time within the fiscal year for which the bond is given. The condition of the bond shall be that the custodian shall faithfully receive, keep, disburse and account for, as herein provided, all funds and property coming into his hands as such custodian, and the premiums on the bond shall be paid out of the 'supplementary pension fund'.

"Sec. 5.27. Investment of funds. The custodian of the 'supplementary pension fund' is authorized and directed to invest all monies coming into his possession belonging to the 'supplementary pension fund', except so much as the board of trustees from time to time determines is reasonably necessary for the prompt payment of claims and expenses, in such securities as the board of trustees shall select; provided, however, that such securities shall be limited to, and upon the same conditions as those enumerated by the General Statutes of North Carolina, as amended, as to the investment of trust funds and, or, the funds of guardians.

"Sec. 5.28. Gifts accepted. The board of trustees, as herein provided for, may, in its discretion, take and receive any gift, grant, bequest or devise or any real or personal property or other things of value for, and as, the property of the 'supplementary pension fund', and hold and disburse and invest the same for the use of the fund in accordance with the purpose of this Chapter and the conditions attached to any such gift, grant, bequest or devise.

"Sec. 5.29. Inconsistent provisions. The provisions of Chapter 118 of the General Statutes of North Carolina creating a firemen's relief fund are repealed as to the City of Concord insofar, and only insofar, as the provisions are inconsistent with and contradictory to the provisions of this Chapter.

"ARTICLE VI.

"SPECIAL PROVISIONS.

"Sec. 6.1. Power of eminent domain. The procedures provided in Article 9 of Chapter 136 of the General Statutes, as specifically authorized by G.S. 136-66.3(c), shall be applicable in the case of acquisition by the city or Board of Light and Water Commissioners of lands, easements, privileges, rights-of-way, and other interests in real property for sewer lines, water lines, electric power lines, and other utility lines in the exercise of the power of eminent domain; and the city or Board of Light and Water Commissioners when seeking to acquire such property of rights or easements therein or thereto, shall have the right and authority, at its option and election, to use the provisions and procedures as authorized and provided in G.S. 136-66.3(c) and Article 9 of Chapter 136 of the General Statutes for any of such purposes without being limited to streets constituting a part of the State Highway System.

Provided, however, that the provisions of this section shall not apply with regard to properties owned by public service corporations as defined in G.S. 160A-243(c) unless the exercise of such power of eminent domain is either consented to by the owner of the property to be acquired by the city or Board of Light and Water Commissioners or, otherwise, first adjudicated after notice and a hearing that such acquisition will not prevent or unreasonably impair the continued devotion to the public use of such properties and the operation by such public service corporation."

Sec. 2. The Board of Cemetery Commissioners of the City of Concord, created by Private Laws of 1921, Chapter 199, as amended, is hereby dissolved.  All powers and duties of the board of cemetery commissioners are hereby conferred upon the board of aldermen, and all functions relating to the operation of and care for municipal cemeteries shall be performed by the City of Concord.  All funds now held in trust for the perpetual care of Oakwood and Rutherford Cemeteries shall be administered by the City of Concord, and such funds shall continue to be used by the city for the perpetual care of these cemeteries.

Sec. 3. The purpose of this act is to revise the Charter of the City of Concord and to consolidate herein certain acts concerning the property, affairs, and government of the city.  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. 4. 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 City of Concord.

(b)       Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.

Sec. 5. 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 1806, Chapter 43

Private Laws of 1819, Chapter 71

Private Laws of 1825, Chapter 146

Private Laws of 1826, Chapter 74

Private Laws of 1830-31, Chapter 98

Private Laws of 1849, Chapter 242

Private Laws of 1851, Chapter 329

Private Laws of 1874, Chapter 35

Private Laws of 1874, Chapter 127

Public Laws of 1875, Chapter 196

Public Laws of 1877, Chapter 205

Public Laws of 1877, Chapter 236

Private Laws of 1879, Chapter 119

Private Laws of 1883, Chapter 154

Private Laws of 1885, Chapter 13

Private Laws of 1889, Chapter 46

Private Laws of 1889, Chapter 136

Private Laws of 1889, Chapter 243

Private Laws of 1891, Chapter 232

Private Laws of 1891, Chapter 244

Private Laws of 1895, Chapter 170

Public Laws of 1897, Chapter 199

Private Laws of 1897, Chapter 94

Public Laws of 1899, Chapter 460

Private Laws of 1899, Chapter 325

Private Laws of 1901, Chapter 8

Private Laws of 1901, Chapter 9

Private Laws of 1901, Chapter 14

Private Laws of 1901, Chapter 103

Private Laws of 1903, Chapter 85

Private Laws of 1903, Chapter 86

Private Laws of 1905, Chapter 71

Private Laws of 1905, Chapter 226

Private Laws of 1905, Chapter 383

Private Laws of 1905, Chapter 391

Private Laws of 1907, Chapter 27

Private Laws of 1907, Chapter 344

Private Laws of 1907, Chapter 444

Private Laws of 1907, Chapter 483

Private Laws of 1907, Chapter 494

Private Laws of 1908, Extra Session, Chapter 47

Private Laws of 1911, Chapter 41

Private Laws of 1911, Chapter 227

Private Laws of 1911, Chapter 395

Private Laws of 1913, Chapter 101

Private Laws of 1913, Chapter 186

Private Laws of 1913, Chapter 368

Private Laws of 1913, Chapter 449

Private Laws of 1919, Chapter 14

Private Laws of 1919, Chapter 19

Private Laws of 1920, Extra Session, Chapter 14

Private Laws of 1921, Chapter 199

Private Laws of 1921, Chapter 247

Private Laws of 1921, Extra Session, Chapter 117

Private Laws of 1923, Chapter 110

Private Laws of 1923, Chapter 115

Private Laws of 1923, Chapter 124

Private Laws of 1925, Chapter 104

Private Laws of 1925, Chapter 153

Private Laws of 1925, Chapter 190

Private Laws of 1927, Chapter 162

Private Laws of 1929, Chapter 108

Private Laws of 1929, Chapter 109

Private Laws of 1933, Chapter 136

Private Laws of 1935, Chapter 265

Public-Local Laws of 1937, Chapter 158

Public-Local Laws of 1937, Chapter 329

Private Laws of 1937, Chapter 29

Public-Local Laws of 1939, Chapter 367

Public-Local Laws of 1941, Chapter 189

Session Laws of 1943, Chapter 148

Session Laws of 1945, Chapter 82

Session Laws of 1945, Chapter 83

Session Laws of 1945, Chapter 478

Session Laws of 1945, Chapter 623

Session Laws of 1947, Chapter 608

Session Laws of 1949, Chapter 377

Session Laws of 1949, Chapter 494

Session Laws of 1949, Chapter 495

Session Laws of 1949, Chapter 567

Session Laws of 1949, Chapter 886

Session Laws of 1951, Chapter 289

Session Laws of 1953, Chapter 303

Session Laws of 1955, Chapter 66

Session Laws of 1955, Chapter 140

Session Laws of 1955, Chapter 687

Session Laws of 1955, Chapter 1180

Session Laws of 1957, Chapter 300

Session Laws of 1957, Chapter 410

Session Laws of 1957, Chapter 976

Session Laws of 1959, Chapter 66

Session Laws of 1959, Chapter 1193

Session Laws of 1961, Chapter 427

Session Laws of 1963, Chapter 258

Session Laws of 1963, Chapter 259

Session Laws of 1965, Chapter 222

Session Laws of 1967, Chapter 1147

Session Laws of 1969, Chapter 221

Session Laws of 1971, Chapter 413

Session Laws of 1973, Chapter 936

Session Laws of 1973, 2nd Session 1974, Chapter 1184

Session Laws of 1975, Chapter 152

Session Laws of 1977, Chapter 33

Sec. 6. The following acts, having served the purpose for which they were enacted, are hereby repealed to the extent of their application to the City of Concord:

Session Laws of 1947, Chapter 716

Session Laws of 1953, Chapter 1297

Session Laws of 1955, Chapter 665

Session Laws of 1969, Chapter 617

Session Laws of 1975, Chapter 20

Sec. 7. 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. 8. 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. 9. All existing ordinances and resolutions of the City of Concord and all existing rules or regulations of departments or agencies of the City of Concord, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified or amended.

Sec. 10. 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 City of Concord or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Sec. 11. If any of this act or the application thereof to any person or circumstance 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. 12. 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. 13. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 14. This act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 27th day of June, 1977.