NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 761

HOUSE BILL 988

 

 

aN ACT PERTAINING TO ARTICLE 3, CHAPTER 139, OF THE GENERAL STATUTES, AS THE SAME RELATES TO A WATERSHED IMPROVEMENT PROGRAM IN FORSYTH COUNTY; TO AMEND CHAPTER 794, 1961 SESSION LAWS, CONCERNING THE EXERCISE OF THE POWER OF EMINENT DOMAIN SO THAT SAME SHALL APPLY TO FORSYTH COUNTY, AND TO AUTHORIZE THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY TO APPROPRIATE AND MAKE AVAILABLE CERTAIN PUBLIC FUNDS FOR SMALL WATERSHED PROGRAMS IN FORSYTH COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Board of Commissioners for the County of Forsyth is hereby authorized to exercise the power and authority contained in Article 3 of Chapter 139 of the General Statutes, and for that purpose to levy, collect and expend funds derived from a special "Watershed Improvement Tax," not to exceed two cents (2¢) on each one hundred dollars ($100.00) valuation of property in Forsyth County, when said special tax is approved by a majority of the qualified voters of Forsyth County voting in any special election provided for in G. S. 139-39 and G. S. 139-40.

Sec. 2. The Board of Commissioners for the County of Forsyth is authorized to appropriate from public funds of Forsyth County other than funds derived from ad valorem taxes, for the purpose of cooperating with local and State Soil and Water Conservation Districts to promote soil and water conservation work. Public funds derived from ad valorem taxes may be used for the purpose expressed in this Section only when the provisions of Section 1 of this Act are complied with.

Sec. 3. Chapter 794 of the Session Laws of 1961 is hereby amended by inserting the word "Forsyth" after the word "Davie" and before the word "Iredell" in line 1 of Section 2 of said Chapter.

Sec. 4. Chapter 794 of the Session Laws of 1961 is hereby amended by striking out all of Section 1½ as same relates to Forsyth County and inserting in lieu thereof the following:

"Sec. 1½. Article 3 of Chapter 139 of the North Carolina General Statutes is hereby amended by adding thereto a new Section, to be given an appropriate number, and to read as follows:

'Sec. 139-       .Power of Eminent Domain Conferred on Counties in Limited Circumstances. Forsyth County shall have, for purposes of its County Watershed Improvement Program, the powers conferred upon watershed improvement districts by Section 1 of Chapter 794, 1961 Session Laws, subject to the limitations and procedures prescribed therein. For this purpose, Forsyth County shall be considered a Watershed Improvement District and the Board of Commissioners for the County of Forsyth shall be considered the Trustees of the applicant district.' "

Sec. 5. This Act shall apply only to Forsyth County.

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7. 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 7th day of June, 1963.