GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 205

SENATE BILL 518

 

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

 

The General Assembly of North Carolina enacts:

 

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

"CHARTER OF THE CITY OF SALISBURY

"CHAPTER I

"Incorporation and Corporate Powers

"Sec. 1.1.  Incorporation and Corporate Powers.  The inhabitants of the City of Salisbury are a body corporate and politic under the name of the 'City of Salisbury.'  Under that name they have all of the powers, duties, rights, privileges, and immunities conferred and imposed upon cities by the general law of North Carolina.

"CHAPTER II

"Corporate Boundaries

"Article 1.  City Boundaries

"Sec. 2.1.  City Boundaries.  Until changed in accordance with law, the boundaries of the City of Salisbury are set out on a map entitled 'Boundary Map of the City of Salisbury, North Carolina.'  The map is maintained in the office of the city clerk, as required by G.S. 160A-22.

"CHAPTER III

"Governing Body

"Sec. 3.1.  Structure of governing body; number of members.  The governing body of the City of Salisbury is the City Council, which has five members.

"Sec. 3.2.  Manner of election of Council.  The qualified voters of the entire City elect the members of the Council.

"Sec. 3.3.  Term of office of members of the Council.  Members of the Council are elected to two-year terms.

"Sec. 3.4.  Election of Mayor, Mayor Pro Tem; term of office.  At the organizational meeting of the Council following each election, the Council shall elect one of its members to serve as Mayor and one of its members to serve as Mayor Pro Tem.  The Mayor and Mayor Pro Tem shall serve as such at the pleasure of the Council and shall have the same powers as the other members of the Council to vote upon all measures coming before it.  The Mayor Pro Tem, as well as the Mayor, shall have the authority to execute contracts, deeds or other legal documents on behalf of the City.

"CHAPTER IV

"Elections

"Sec. 4.1.  Conduct of City elections.  City officers shall be elected on a nonpartisan basis and the results determined by plurality, as provided by G.S. 163-292.

"CHAPTER V

"Administration

"Sec. 5.1.  City to operate under Council-Manager plan.  The City of Salisbury operates under the Council-Manager plan as provided in Part 2 of Article 7 of Chapter 160A of the General Statutes.  In addition to those powers delineated in G.S. 160A-148, the city manager may:

(1)       Approve the acquisition by the City of real property having a value of ten thousand dollars ($10,000) or less.

(2)       Award, approve, and execute contracts on behalf of the City when the amount of such contract does not exceed thirty thousand dollars ($30,000); provided that the City Council shall have approved a sufficient appropriation in the annual budget for the current fiscal year for the general purpose specified in the contract.  In addition, the city manager is authorized to approve and execute amendments to contracts, including contracts initially approved by the City Council, when the amount in question does not exceed thirty thousand dollars ($30,000).

(3)       Approve agreements permitting encroachments into setbacks and rights-of-way.

(4)       Accept dedicated streets for City maintenance provided such streets meet City standards.

(5)       Settle claims against the City of Salisbury for damages to personal property when the full amount of damages to such property is ascertained and the amount of such damages does not exceed one thousand dollars ($1,000).  The city manager is hereby authorized to execute releases of persons, firms and corporations because of damages to personal property belonging to City of Salisbury when the full amount of damages to such property is ascertained and the amount of such damages does not exceed one thousand dollars ($1,000).

(6)       Convey interests in real or personal property owned by the City by private negotiation or sale, with respect to parcels of real property or personal property having a fair market value of five thousand dollars ($5,000) or less, and Article 12 of Chapter 160A of the General Statutes shall not apply to such dispositions.

(7)       Appoint a city clerk whose duties shall be as prescribed by the general laws of North Carolina; provided such appointment shall be subsequently approved by the City Council.

"CHAPTER VI

"Boards and Commissions

"Sec. 6.1.  Boards and commissions.  In addition to any authorities, boards or commissions now or hereafter created and established by or pursuant to the General Statutes, special or local acts of the General Assembly, or this Charter, the City Council may create and establish, by ordinance or resolution, such other authorities, boards and commissions as it may deem  necessary or appropriate to the administration, regulation, and operation of services, activities, and functions which the City is authorized by law to perform, regulate, and carry on.

"CHAPTER VII

"Planning and Regulatory Powers

"SUBCHAPTER A.  SUPPLEMENTAL POWERS OF REGULATION

"Article 1.  In General

"Sec. 7.1.  Powers supplemental to general law.  The City Council shall continue to have power to make and provide for the execution of such regulatory ordinances as it may deem proper not inconsistent with the law of the land, and the City of Salisbury shall have all the powers granted to municipalities by the general laws of North Carolina, as the same may now or hereafter be enacted.  In addition, the City of Salisbury shall have the powers granted by this Charter as the same may be amended from time to time, and the enumeration of specific powers or procedures in this chapter shall be supplemental to and not in limitation of the powers or procedures provided for by general laws of North Carolina.

"Article 2.  Traffic Control

"Sec. 7.2.  Traffic-control devices.

(a)       The City Council, upon finding as a fact that the density of population and volume of vehicular and pedestrian traffic in the City of Salisbury requires prompt, continuing, and effective control of such traffic through the installation, removal, relocation and change of official traffic-control devices in order to protect and promote the public safety and convenience, may designate, by ordinance, an official of the City to make or cause to be made, upon the basis of engineering and traffic investigations, installations, removals, relocations and changes of official traffic control devices in accordance with accepted traffic engineering principles and standards and in accordance with the procedures hereinafter set forth.

(b)       An 'official traffic-control device,' as used in this section, means a sign, signal, marking or device, including a parking meter, which is designed and intended to regulate vehicular or pedestrian traffic.

(c)       Whenever an official traffic-control device is installed, removed, relocated or changed pursuant to this section, a notation thereof shall be made or cause to be made by the designated official on a map or record book or any other combination thereof as may be determined by the City Council and maintained for that purpose.  Such map or record book or combination thereof shall be retained permanently in the office of the city clerk and shall be styled, as the case may be, as 'Map (or record book) of Location of Traffic-Control Devices.'  Typed, photographic or other copies of any part of such map or record book, certified by the city clerk, shall be admitted in evidence in all courts and shall have the same force and effect as would the original thereof.

(d)       For purposes of enforcement, the installation, relocation or change of an official traffic-control device pursuant to this section shall have the force of law immediately upon such installation, relocation or change.

"Sec. 7.3.  Obstruction of private alleys.  If, in the opinion of the City Council, a fire hazard is created by the obstruction of private alleys, the City Council may adopt regulations governing the obstruction of private alleys, whether by reason of the parking of motor vehicles or otherwise, but such regulations shall not be construed so as to restrict or limit the legal right of the owners of interests in a private alley to close the alley or to exercise other property rights therein.

"Article 3.  Drainage and Sanitation

"Sec. 7.10.  Drainage of Premises.  The City Council shall have power to require that all property owners provide adequate drainage facilities to the end that their premises be free from standing water and permit the natural flow of water thereon to be taken care of, and to provide that in case of failure on the part of such owner or owners to so provide the same, to go upon their premises and construct the necessary facilities and to charge the costs thereof against the premises so improved.  After construction of the necessary facilities on the part of the City, the City shall have no further obligation for maintenance of said facilities.

"Sec. 7.11.  Connection of sanitation facilities.  The City Council shall have power to require the owner or owners of private drains, sinks, and privies, to fill up, cleanse, drain, repair, fix, and improve the same as they may be ordered, and to cause all drains, toilets, sinks, and all water or sewerage facilities to be connected with the City's systems, and to provide that in case of failure on the part of such owner or owners to comply with any such order, to go upon their premises and perform such work as may be necessary to comply with such order, and to charge the cost thereof against the premises upon which such work is performed.  After performance of such work as may be necessary by the City, the City shall have no further obligation for maintenance of said facilities.

"Sec. 7.12.  Weeds and undergrowth.  The City Council shall have power to require the owner or owners of all premises, vacant or improved, to keep same free from trash, obnoxious weeds or undergrowth as they may be ordered and to provide that in case of failure on the part of such owner or owners to comply with any such order, to go upon their premises and perform such work as may be necessary to comply with such order, and to charge the cost thereof against the premises upon which such work is performed.  After performance of such work as may be necessary by the City, the City shall have no further obligation for maintenance of said premises.

"Sec. 7.13.  Costs a lien as for taxes.  The costs to the City of any work performed under this Article shall constitute a lien upon the premises upon which the work is performed and may be collected in the same manner as taxes upon real property.  The term 'costs' as used in this section shall include interest at the same rate as that used for taxes.

"SUBCHAPTER B.  PLANNING, SUBDIVISION, AND

BUILDING REGULATIONS

"Article 1.  Subdivision Regulations

"Sec. 7.20.  Subdivision Regulations.  In addition to those powers delineated in Part 2 of Article 19 of Chapter 160A of the General Statutes, the City Council may, by ordinance, provide that the Salisbury Planning Board shall have power to approve, in whole or in part, to otherwise modify, or to disapprove all final subdivision plats.  Such ordinance may provide that the Salisbury Planning Board shall approve or disapprove the final plat not later than 60 days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Board on demand; provided, however, that the applicant for the Planning Board's approval may waive this requirement and consent to the extension of such period.  The grounds for disapproval of any plat shall be stated upon the records of the Planning Board.  Said regulations shall provide that an appeal may be taken from the Planning Board action to the City Council which shall have power to approve, disapprove, in whole or in part, or otherwise modify the action of said Planning Board.

In addition, the City Council may designate, by ordinance, an official of the City who shall have power to approve, disapprove, in whole or in part, or otherwise modify minor subdivision plats, as said plats are defined in such ordinance.

"Sec. 7.21.  Guarantee of Improvements.  In addition to those powers delineated in G.S. 160A-372, the City Council may provide in lieu of the completion prior to the final approval of a subdivision plat of such improvements and installations required by the subdivision ordinance of the City, for an assessment under applicable laws governing assessments for local improvements whereby the City may make said improvements and installations at the cost of the owners of the property within the subdivision.

"CHAPTER VIII

"Services and Facilities

"SUBCHAPTER A.  ESTABLISHMENT AND MAINTENANCE OF

SERVICES AND FACILITIES

"Article 1.  In General

"Sec. 8.1.  Powers continued.  The City Council shall continue to have power to establish and maintain public services and facilities deemed necessary or desirable for the health, safety, comfort, welfare, convenience and good order of the public, not inconsistent with the law of the land, the general laws of North Carolina as the same may now or hereafter be enacted, the provisions of this Charter as the same may be amended from time to time, and the provisions of any other laws now or hereafter applicable to the City of Salisbury.

"Article 2.  Water and Sewer

"Sec. 8.10.  Dedication of water and sewer lines.  Before any person, firm or corporation shall connect in any manner any privately owned water or sewer line or lines with any water or sewer line or lines of the City of Salisbury, such person, firm or corporation shall, by proper written instrument, in consideration of making such connection and the benefits to be derived therefrom, dedicate, give, grant and convey such water or sewer lines to the City of Salisbury.  No such connection shall be made with the City water or sewer lines without the express approval of the City, nor shall such connection be effected except in accordance with the regulations of the City governing same, and upon payment of any reasonable charges made therefor.  Should any person, firm or corporation connect any privately owned water or sewer line or lines without first dedicating, giving, granting and conveying same to the City, the act of connecting shall be deemed a dedication, gift, grant and conveyance of such lines to the City and the City may accept same or may order the disconnection of such lines; provided, that the City may enter into contracts, when duly authorized by a majority of the City Council members voting thereon, with any person, firm or corporation whereby water or sewer lines may be laid within or without the City and connected to the City's systems under such terms as may be agreed upon, notwithstanding any provisions of this section.

"Article 3.  Refuse Disposal

"Sec. 8.20.  Service Contracts.  In addition to those powers delineated in G.S. 160A-192 and in Part 1 of Article 16 of Chapter 160A of the General Statutes, the City Council is further authorized, in its discretion, to lease or to sell, at private sale, any lands now or hereafter owned or acquired by the City, to any person, firm or corporation contracting with the City for disposal of municipally-collected refuse, for use as a plant site or sites, upon such terms and considerations as the City Council may prescribe.

"SUBCHAPTER B.  EMINENT DOMAIN AND LOCAL IMPROVEMENTS

"Article 1.  Eminent Domain

"Sec. 8.30.  Powers and procedures.  In addition to those powers delineated in G.S. 40A, Articles 1 and 3, the City of Salisbury may use the procedure and authority prescribed in Article 9 of Chapter 136 of the General Statutes, as now or hereafter amended, in the exercise of its authority of eminent domain for the acquisition of property to be used for streets and highways, water supply and distribution systems, sewage collection and disposal systems, and airports; provided further, that whenever therein the words 'Secretary' or 'Secretary of Transportation' appear, they shall be deemed to include the 'City Manager'.

"Article 2.  Local Improvements

"Sec. 8.40.  Streets, curbs and gutters, sidewalks, and driveways.

(a)       Petition unnecessary.  In addition to any authority which is now or may hereafter be granted to the City for making street, curb and gutter or sidewalk improvements, the City Council is hereby authorized to order such improvements and to assess the total cost thereof against abutting properties without the necessity of a petition of property owners.

(b)       Sidewalk repairs.  The Council is further authorized to order or to make sidewalk repairs and driveway repairs across sidewalks according to standards and specifications of the City, and to assess the total cost thereof against abutting properties without the necessity of a petition of property owners.

(c)       Sidewalk on one side of street.  If a sidewalk is constructed on only one side of the street, the cost thereof may be assessed against the property abutting on both sides of the street, unless there already exists a sidewalk on the other side of the street, the total cost of which was assessed against the abutting property.

(d)       Notice to property owners.  Before the City Council shall order improvements to be made pursuant to subsection (a) or (b) of this section it shall hold a public hearing thereon, and shall give the owners of the property to be assessed written notice of such public hearing and the proposed action.

(e)       Assessment procedure and effect.  In ordering street, curb and gutter or sidewalk improvements or sidewalk repairs and assessing the cost thereof, the Council shall follow the procedures provided by the General Statutes for street and sidewalk improvements, except those provisions relating to the petition of property owners and the sufficiency thereof.  The effect of levying assessments pursuant to this act shall for all purposes be the same as if they were levied under authority of the General Statutes.

(f)        Duty of maintenance for driveways and sidewalks.  It is the duty of every property owner to maintain the sidewalks and driveways abutting his property in good repair and safe condition.

(g)       Payment of assessments.  Any special assessment of the City for any purpose amounting to less than one hundred dollars ($100.00) shall be paid in cash within 90 days of confirmation rather than in annual installments, and shall bear interest as taxes.  Any property owner shall have the option of paying assessments for local improvements in cash or in not less than two nor more than 10 equal annual installments, as may have been determined by the City Council in the resolution ordering the improvements.  With respect to payment by installment, the Council may direct:

(1)       That installments shall become due and payable on the same date when property taxes of the City are due and payable, or

(2)       That the first installment with interest shall become due and payable 60 days after the date of the confirmation of the assessment roll, and one subsequent installment and interest shall be due and payable on the same day of the month in each successive year until the assessment is paid in full.  Said assessments and installments shall bear interest as taxes.

(h)       Assessment where street is City limit line.  In those instances where the City limit line runs along a street or road the City Council may order the improvements and assess the cost thereof against property abutting on both sides of the street as if all of the abutting property were within the corporate limits, regardless of whether the improvement is ordered pursuant to this section or other general law.

(i)        Supplementary authorization.  The procedure herein outlined shall be supplementary in addition to all other procedure authorized by law relating to improvements or special assessments.

"Article 3.  Economic Development Projects

"Sec. 8.50.  Economic Development Projects.

(a)       Definition.  In this section economic development project means an economic capital development project within a certain defined area or areas of the City as established by the City Council, comprised of one or more buildings or other improvements and including any public and/or private facilities.  Said project may include programs or facilities for improving downtown redevelopment, 'pocket of poverty' or other federal or State assistance programs which the City Council determines to be in need of economic capital development or revitalization and which qualify for capital assistance under applicable federal or State program.

(b)       Authorization.

(1)       In addition to any other authority granted by law, the City of Salisbury may accept grants, expend funds, make grants or loans, acquire property and participate in capital economic development projects which the City Council determines will enhance the economic development and revitalization of the city in accordance with the authority granted herein.  Such project may include both public and/or private buildings or facilities financed in whole or in part by federal or State grants (including but not limited to urban development action grants) and may include any capital expenditures which the City Council finds necessary to comply with conditions in any federal or State grant agreements and which the City Council finds will complement the project and improve the public tax base and general economy of the City.  By way of illustration, but not limitation, such a project may include the construction or renovation of any one or combination of the following projects:

a.         Privately owned hotel.

b.         Privately owned office building.

c.         Housing.

d.         Parking facilities.

e.         Industrial buildings.

f.          Site improvements.

g.         Privately owned commercial building, including warehouses.

Such project may be partially financed with City funds received from federal or State sources and being granted or loaned to the private owner for said construction or renovation; in addition, other City funds from any sources may be used for acquisition, construction, leasing and/or operation of facilities by the City for the general public and for capital improvements to public facilities which will support and enhance the private facilities and the general economy of the City.

(2)       When the City Council finds that it will promote the economic development or revitalization in the City, the City may acquire, construct, and operate or participate in the acquisition, construction, ownership and operation of an economic development project or of specific buildings or facilities within such a project and may comply with any State or federal government grant requirements in connection therewith.  The City may enter into binding contracts with one or more private parties or governmental units with respect to acquiring, constructing, owning or operating such a project.  Such a contract may, among other provisions, specify the responsibilities of the City and the developer or developers and operators or owners of the project, including the financing of the project.  Such a contract may be entered into before the acquisition of any real property necessary to the project by the City or the developer or other parties.

(c)       Property acquisition.  An economic development project may be constructed on property acquired by the developer or developers, or on property directly acquired by the City, or on property acquired by the Redevelopment Commission or its successors while exercising the powers, duties and responsibilities pursuant to G.S. 160A-505.

(d)       Property disposition.  In connection with an economic development project, the City may convey interests in property owned by it, including air rights over public facilities, as follows:

(1)       If the property was acquired under the urban redevelopment law, the property interests may be conveyed in accordance with special or general law.

(2)       If the property was acquired by the City directly, the City may convey property interests by any procedure set forth in its City Charter, special act or the general law or by private negotiation or sale.

(e)       Construction of the project.  A contract between the City and the developer or developers may provide that the developer or developers shall be responsible for the construction of the entire economic development project.  If so, the contract shall include such provisions as the City Council deems sufficient to assure that any public facilities included in the project meet the needs of the City and are constructed at a reasonable price.  Any funds loaned by the City, pursuant to this paragraph, to a private developer, and used by said developer in the construction of a project on private property shall not be deemed an expenditure of public funds.

(f)        Operation.  The City may contract for the operation of any public facility or facilities included in an economic development project by a person, partnership, firm or corporation, public or private.  In addition, the City, upon consideration, may contract through lease or otherwise whereby it may operate privately constructed parking facilities to serve the general public.  Such a contract shall include provisions sufficient to assure that any such facility or facilities are operated for the benefit of the citizens of the City.

"CHAPTER IX

"Miscellaneous

"SUBCHAPTER A. SALE OF PROPERTY

"Sec. 9.1.  Public or private sale of property.  The City Council may publicly or privately sell, lease, rent, exchange or otherwise convey, or cause to be publicly or privately sold, leased, rented, exchanged or otherwise conveyed, any property, real or personal or any interest in such property, belonging to the City.

"SUBCHAPTER B. LEASE OF PROPERTY

"Sec. 9.10.  Lease of Property.  Notwithstanding the provisions of G.S. 160A-272, the City Council may, in its discretion, lease city-owned property for such terms and upon such conditions as the Council may determine, including terms of more than ten years without the necessity of following any procedures other than those required by G.S. 160A-272 for leases of ten years or less.

"SUBCHAPTER C.  ABC PROFITS

"Sec. 9.20.  ABC Profits.  From the profits of any liquor stores which are or may hereafter be operated in Rowan County, the county shall at the end of each quarterly period after an accounting has been received by it from the county board of alcoholic control, pay over to the City of Salisbury thirty per cent of the net profits received by the county from the operation of a liquor store or stores, and pay twenty percent of the net profits received by the county from the operation of said store or stores to all other incorporated municipalities within the County of Rowan to be apportioned to said municipalities based upon the last census."

Sec. 2.  The purpose of this act is to revise the Charter of the City of Salisbury 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. 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:

(1)       Any acts concerning the property, affairs, or government of public schools in the City of Salisbury.

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

(3)       The following enumerated acts:

Chapter 246, Private Laws of 1848-49, Section 33

Chapter 118, Private Laws of 1857

Chapter 21, Private Laws of 1866

Chapter 186, Private Laws of 1899, Section 99

Chapter 266, Private Laws of 1901, Sections 3 and 4

Chapter 103, Private Laws of 1931, Section 6

Chapter 229, Public-Local Laws of 1933, Section 2

Chapter 43, Public-Local Laws of 1937

Chapter 22, Public-Local Laws of 1939

Chapter 241, Session Laws of 1947

Chapter 812, Session Laws of 1957

Chapter 872, Session Laws of 1957

Chapter 880, Session Laws of 1961

Chapter 56, Session Laws of 1963

Chapter 791, Session Laws of 1967

Chapter 76, Session Laws of 1967, Section 1

Chapter 270, Session Laws of 1971

Chapter 733, Session Laws of 1971

Chapter 176, Session Laws of 1973

Chapter 190, Session Laws of 1973

Chapter 910, Session Laws of 1985

Sec. 4.  The following acts, having served the purpose for which they were respectively enacted, or having become obsolete under existing circumstances or unnecessary because of other provisions of law or because of having been carried forward in this act, are hereby repealed:

Chapter 246, Private Laws of 1848-49, except Section 33

Chapter 251, Private Laws of 1855

Chapter 260, Private Laws of 1855

Chapter 26, Public Laws of 1865 (adjourned session)

Chapter 3, Private Laws of 1866

Chapter 87, Private Laws of 1868-69

Chapter 123, Private Laws of 1868-69

Chapter 97, Private Laws of 1870-71

Chapter 173, Private Laws of 1874-75, as to Salisbury

Chapter 49, Public Laws of 1876-77

Chapter 10, Public Laws of 1879, Sections 1 and 2

Chapter 69, Private Laws of 1883

Chapter 59, Private Laws of 1891

Chapter 66, Private Laws of 1891

Chapter 234, Private Laws of 1891

Chapter 283, Private Laws of 1891

Chapter 1, Private Laws of 1893

Chapter 89, Private Laws of 1893

Chapter 266, Private Laws of 1899

Chapter 186, Private Laws of 1899, except Section 99

Chapter 482, Public Laws of 1901

Chapter 266, Private Laws of 1901, Sections 1 and 2

Chapter 287, Private Laws of 1901

Chapter 330, Private Laws of 1901

Chapter 355, Private Laws of 1903

Chapter 366, Private Laws of 1903

Chapter 394, Private Laws of 1903

Chapter 245, Private Laws of 1905

Chapter 335, Private Laws of 1907

Chapter 515, Public Laws of 1909, as to Salisbury

Chapter 208, Private Laws of 1909

Chapter 207, Private Laws of 1911

Chapter 566, Public-Local Laws of 1913, as to Salisbury

Chapter 128, Private Laws of 1913

Chapter 235, Private Laws of 1913

Chapter 252, Private Laws of 1913

Chapter 438, Private Laws of 1913

Chapter 38, Private Laws of 1915

Chapter 153, Private Laws of 1915

Chapter 300, Private Laws of 1915

Chapter 242, Private Laws of 1915

Chapter 114, Private Laws, Extra Session of 1921

Chapter 20, Private Laws, Extra Session of 1924

Chapter 62, Private Laws of 1925

Chapter 72, Private Laws of 1925

Chapter 219, Private Laws of 1925

Chapter 68, Private Laws of 1927

Chapter 83, Private Laws of 1927

Chapter 224, Private Laws of 1927, as to Salisbury

Chapter 231, Private Laws of 1927

Chapter 178, Private Laws of 1929

Chapter 197, Private Laws of 1929, as to Salisbury

Chapter 103, Private Laws of 1931, except Section 6

Chapter 78, Private Laws of 1931

Chapter 62, Private Laws of 1933, as to Salisbury

Chapter 175, Private Laws of 1933

Chapter 208, Private Laws of 1933

Chapter 229, Public-Local Laws of 1933, Section 1

Chapter 32, Private Laws of 1937

Chapter 475, Public-Local Laws of 1939

Chapter 498, Public-Local Laws of 1939

Chapter 27, Public-Local Laws of 1941

Chapter 226, Public-Local Laws of 1941

Chapter 379, Public-Local Laws of 1941

Chapter 21, Session Laws of 1945

Chapter 751, Session Laws of 1945

Chapter 82, Session Laws of 1947

Chapter 26, Session Laws of 1949

Chapter 84, Session Laws of 1949

Chapter 926, Session Laws of 1949, as to Salisbury

Chapter 1044, Session Laws of 1949

Chapter 1087, Session Laws of 1949

Chapter 375, Session Laws of 1951

Chapter 107, Session Laws of 1951

Chapter 8, Session Laws of 1953

Chapter 594, Session Laws of 1953

Chapter 744, Session Laws of 1953, as to Salisbury

Chapter 6, Session Laws of 1955

Chapter 18, Session Laws of 1955

Chapter 257, Session Laws of 1955

Chapter 916, Session Laws of 1957

Chapter 353, Session Laws of 1959

Chapter 100, Session Laws of 1963

Chapter 281, Session Laws of 1965

Chapter 76, Session Laws of 1967, Section 1

Chapter 136, Session Laws of 1977

Chapter 1121, Session Laws of 1979

Chapter 851, Session Laws of 1981

Chapter 998, Session Laws of 1981

Sec. 5.  No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

(1)       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;

(2)       Derived from, or which might be sustained or preserved in reliance upon, action heretofore taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this act.

Sec. 6.  (a)            Existing ordinances and resolutions of the City of Salisbury, and all existing rules or regulations of departments or agencies of the City of Salisbury, 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 City of Salisbury or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

Sec. 7.  Severability.  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. 8.  All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 9.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 18th day of May, 1987.