NORTH CAROLINA GENERAL ASSEMBLY
1969 SESSION
CHAPTER 711
HOUSE BILL 903
AN ACT TO CLARIFY THE SMALL WATERSHED LAWS WITH RESPECT TO PROJECT MAINTENANCE, THE FORM OF THE BALLOT IN COUNTY WATERSHED ELECTIONS, AND COORDINATION OF COUNTY WATERSHED PROGRAMS WITH RELATED ACTIVITIES.
The General Assembly of North Carolina do enact:
Section 1. (a) General Statutes 139-8 is hereby amended by inserting in line 1 of paragraph (6) of said Section, after the word "structures" and before the word "as", the words and punctuation ", works and projects"; and paragraph (6) of said Section is further amended by adding at the end of said paragraph, before the period, the following: ", including watershed improvement structures, works, and projects as well as any other structures, works, and projects which the district is authorized to undertake"; so that said paragraph (6) as so amended will read as follows:
"(6) To construct, improve, operate, and maintain such structures, works and projects as may be necessary or convenient for the performance of any of the operations authorized in this chapter, including watershed improvement structures, works, and projects as well as any other structures, works, and projects which the district is authorized to undertake."
(b) It is hereby declared that the provisions of General Statutes Chapter 139 were intended to authorize the maintenance of watershed improvement works and projects, as well as watershed improvement structures. All expenditures heretofore incurred by any local watershed sponsor for any such maintenance of works, projects, or structures are hereby validated and confirmed.
(c) The proceeds of any tax heretofore approved by the voters of a county for a county watershed improvement program, or authorized by special or local act for a county watershed improvement program, may be expended for such maintenance of works and projects, as well as structures, if the board of county commissioners or other watershed governing body after a public hearing determines that the proceeds should be so expended. Notice of such hearing shall be published as provided for notices under Article 2 of General Statutes Chapter 139.
(d) The proceeds of any tax hereafter approved by the voters of a county for a watershed improvement program may be expended for such maintenance of works and projects, as well as structures, with or without the holding of a public hearing as designated by subsection (c) of this Section, even though any election procedures preliminary to the vote approving the tax may have been initiated prior to the ratification of this Act.
(e) No action based on the alleged invalidity of the expenditures herein confirmed or of the use of tax proceeds herein authorized shall lie after January 1, 1970, to enjoin or contest any such expenditure or any such use of tax proceeds.
Sec. 2. General Statutes 139-40(b) is hereby amended by inserting before the period at the end of the first sentence thereof the following: ", provided, the board of county commissioners may vary the aforesaid form of the question to be placed upon the ballot for the watershed improvement tax election in such manner as the board deems appropriate, and the board of elections shall cause to be placed upon the ballot such form of the question as may be requested by the board of county commissioners"; so that such sentence as so amended will read as follows:
"The form of the question shall be substantially the words 'For Watershed Improvement Tax of Not More Than…Cents Per One Hundred Dollar ($100) Valuation', and 'Against Watershed Improvement Tax of Not More Than…Cents Per One Hundred Dollar ($100) Valuation', which alternates shall appear separated from each other on one ballot containing opposite, and to the left of each alternate, squares of appropriate size in one of which squares the voter may make a mark 'X' to designate the voter's choice for or against such tax, provided, the board of county commissioners may vary the aforesaid form of the question to be placed upon the ballot for the watershed improvement tax election in such manner as the board deems appropriate, and the board of elections shall cause to be placed upon the ballot such form of the question as may be requested by the board of county commissioners."
Sec. 3. General Statutes 139-41 is hereby amended by adding thereto at the end thereof a new subsection to be designated subsection (f) and to read as follows:
"(f) The board of county commissioners may provide for county watershed improvement programs and any or all other related activities (such as water supply systems, sewerage systems, water resources programs, beach erosion control programs, and conservation programs) to be coordinated, to be jointly undertaken by two or more local agencies, or to be assigned to a single county agency designated by such name and organized in such manner as the board deems appropriate."
Sec. 4. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 5. This Act shall take effect upon its ratification.
In the General Assembly read three times and ratified, this the 5th day of June, 1969.