NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 882

SENATE BILL 426

 

 

AN ACT TO PROVIDE FOR ELECTIONS IN THE TOWNS OF HAZELWOOD AND WAYNESVILLE ON THE QUESTION OF CONSOLIDATION OF SAID TOWNS AND SUBJECT TO SAID ELECTIONS TO PROVIDE A CHARTER FOR THE CONSOLIDATED TOWN.

 

The General Assembly of North Carolina do enact:

 

ARTICLE I. ELECTION ON CONSOLIDATION

Section 1. PETITION. After June 1, 1960, the qualified voters of the Towns of Hazelwood and Waynesville shall have the right to petition the mayor and board of aldermen of their respective towns for the call of an election on the question of consolidation of said towns. A petition in either town shall be signed by at least fifteen per cent (15%) of the qualified voters therein; shall be certified by the town clerk as to the sufficiency thereof; and shall be presented to the mayor and board of aldermen at their next regular meeting following the date of receipt of such petition or at a special meeting called for the purpose of acting upon such petition.

Sec. 2. ACTION UPON PETITION. Upon presentation of such a petition, duly certified by the town clerk, the mayor and board of aldermen so petitioned shall adopt a resolution directing the Board of Elections of Haywood County to call an election on the question of consolidation, and shall thereupon forward copies of such petition and resolution to said Board of Elections.

Sec. 3. COUNTY BOARD OF ELECTIONS: PROCEDURE. Upon receipt of such a resolution from one of said towns, the Board of Elections shall notify the mayor and board of aldermen of the other of said towns that such resolution has been filed. The mayor and board of aldermen of the other town shall within ten (10) days cause to be published in a newspaper having general circulation in said other town a notice stating that a request for an election on the question of consolidation of the two towns has been filed with the County Board of Elections by the petitioning town and that if a petition requesting an election on the question of consolidation signed by fifteen per cent (15%) of the qualified voters of said other town is presented within twenty (20) days from the date of publication of the notice, said mayor and board of aldermen will also adopt a resolution directing the Board of Elections to call such an election to be held at the same time as the election in the first petitioning town. Upon receipt of such resolution and petition from the mayor and board of aldermen of the second petitioning town, the Board of Elections shall call an election in each town on the same day which day shall be not later than sixty (60) days from the date of call. If no such petition and resolution is filed by said other town within twenty-five (25) days from the date of publication of notice in said other town, the Board of Elections shall proceed to call an election on the question of consolidation in the petitioning town.

All such elections called and held under this Section shall be held pursuant to the municipal election law, Article 3, Chapter 160, General Statutes of North Carolina, as amended, insofar as applicable and otherwise under the rules and regulations of the County Board of Elections. There shall be printed on the ballots used in any such election the words "For Consolidation" and "Against Consolidation".

Sec. 4. RESULTS OF ELECTIONS. If an election on the question of consolidation is held in each of said towns, a majority vote against consolidation in either town shall defeat the proposition. If such an election is held in only one of said towns as hereinabove provided, and a majority of the votes cast are for consolidation, the proposition shall be carried. In any event, the Board of Elections shall certify the results of any such election to each of said towns and the mayor and board of aldermen of each town shall cause such certification to be recorded in the official minute book of the town.

Sec. 5. CONSOLIDATION. If the results of an election or elections are for consolidation, the two towns shall become consolidated under the charter set forth in Article II of this Act upon the taking of the oath of office of the mayor and board of aldermen elected pursuant to said charter at the regular municipal election next following the consolidation election held pursuant to arrangements made by the boards of aldermen of both towns acting jointly; provided, that at any time between an election for consolidation which has carried and the next following regular municipal election, the mayor and board of aldermen of the towns may consolidate said towns under the charter set forth in Article Il of this Act to become effective at the beginning of the next succeeding fiscal year by joint resolution adopted by each and form one governing body as follows: the Mayor of Waynesville shall be mayor of the consolidated town; the Mayor of Hazelwood shall become the mayor pro tem; and all the aldermen of each of the towns shall become the board of aldermen to serve until the next regular municipal election. In such event, the salaries of the mayor and board of aldermen shall be the same as provided in Article II of this Act except that the mayor pro tem shall receive fifty dollars ($50.00) per month salary during such interim period.

Upon consolidation, the present fire department facilities and firefighting organization and office for collection of taxes and water bills located in the Town of Hazelwood shall continue to be maintained at their present locations for the convenience of the citizens.

Sec. 6. CONTINUING AUTHORITY. The voters of each of said towns shall continue to have the right to petition for an election on the question of consolidation in the event that no petitions are filed in 1960 or in the event that the question of consolidation is defeated at any election or elections held in 1960, and if defeated in any subsequent elections shall continue as a method by which the voters of said towns may petition for an election on the question of consolidation; provided, such right of petition may be exercised only in even-numbered years and at any time during said even-numbered years.

ARTICLE II. CHARTER

Sec. 7. This charter shall become effective only upon consolidation of the Towns of Hazelwood and Waynesville in the manner and at the time provided hereinabove.

Sec. 8. INCORPORATION AND CORPORATE POWERS. The inhabitants of the Towns of Waynesville and Hazelwood, North Carolina, within the boundaries as established in Section 10 hereof or as hereafter established in the manner provided by law, shall continue to be a body politic and corporate by name the Town of Waynesville, and shall under that name have perpetual succession; may use a corporate seal; may sue and he sued; may acquire property within or without its boundaries for any municipal purpose in fee simple or lesser interest or estate, by purchase, gift, devise, lease or condemnation and may sell, lease, hold, manage and control such property as its interests may require; and, except as prohibited by the Constitution of North Carolina or restricted in this charter, the Town of Waynesville as herein constituted shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The following shall be deemed to be a part of the powers conferred upon the Town of Waynesville by this Section:

(1)       To levy, assess and collect taxes and to borrow money within the limits prescribed by general law; and to levy and collect special assessments for benefits conferred.

(2)       To furnish all local public services; to purchase, hire, construct, own, maintain and operate or lease local public utilities; to acquire, by condemnation or otherwise, within or without the corporate limits, land, rights of way, privilege and easement necessary for any such purposes, subject to restrictions imposed by general law for the protection of other communities; and to grant local public utility franchises and regulate the exercise thereof.

(3)       To make local public improvements and to acquire, by condemnation, or otherwise, property within or without its corporate limits necessary for such improvements; and also to acquire an excess over that needed for any such improvement, and to sell or lease such excess property with restrictions, in order to protect and preserve the improvement.

(4)       To issue and sell bonds on the security of any such excess property, or of any public utility owned by the town, or of the revenues thereof, or of both, including in the case of a public utility, if deemed desirable by the town, a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate such utility.

(5)       To organize and administer public libraries, and to make appropriations toward the maintenance of already existing public libraries.

(6)       To adopt and enforce within its limits local police, sanitary and other similar regulations not in conflict with general laws.

Except as otherwise provided in this Act the board of aldermen shall have authority to determine by whom and in what manner the powers granted by this Section shall be exercised.

Sec. 9. ENUMERATED POWERS NOT EXCLUSIVE. The enumeration of particular powers by this charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the Town of Waynesville shall have, and may exercise, all powers which, under the Constitution of North Carolina it would be competent for this charter specifically to enumerate. All powers of the town, whether expressed or implied, shall be exercised in the manner prescribed by this charter, or, if not prescribed therein, then in the manner provided by ordinance or resolution of the board of aldermen.

Sec. 10. CORPORATE LIMITS. The corporate limits of the Town of Waynesville, as herein constituted, shall include all of the territory heretofore included within the corporate limits of the Town of Waynesville and the Town of Hazelwood respectively, and such other territory as may be added prior to the effective date of consolidation pursuant to this Act.

 

BOARD OF ALDERMEN

Sec. 11. CREATION, SALARY AND COMPOSITION OF MAYOR AND BOARD OF ALDERMEN. Except as otherwise provided in this charter all powers of the town shall be vested in a mayor and a board of aldermen of five members nominated and elected as hereinafter provided. Three members of the board of aldermen shall be elected from Ward No. 1, consisting of all that territory within the corporate limits of the present Town of Waynesville North and East of a line described as follows:

Beginning at that point on Plott Creek where the corporate line of the present Town of Waynesville strikes said creek as it runs in a southerly direction and running thence down Plott Creek to Richland Creek; thence down Richland Creek to the old Waynesville-Hazelwood corporate line; thence in an easterly direction with the old Waynesville-Hazelwood corporate line to a point in the East margin of U. S. Highway 19A-23; thence with the East margin of U. S. Highway 19A-23 in a southerly direction to the southwest corner of the J. W. Ray "Weil" property; thence with the southerly margin of the J. W. Ray "Weil" property to the line of J. W. Ray "McCracken" property; thence in a southerly direction with the line of J. W. Ray "McCracken" property to the line of the Belle Mead subdivision; thence in an easterly direction with the Belle Mead subdivision line to the present corporate line of the Town of Waynesville.

Two members of the board of aldermen shall be elected from Ward No. 2, consisting of all the territory South and West of the line described above, being all that territory within the corporate limits of the Town of Hazelwood and a part of the territory within the corporate limits of the Town of Waynesville.

The term of office of the mayor and the board of aldermen shall be for four years and until their successors are elected and qualified, and shall begin on the first Tuesday next following their election. If a vacancy occurs in the office of mayor or alderman, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the board of aldermen. Each member of the board of aldermen shall receive a salary of forty dollars ($40.00) per month; the mayor shall receive a salary of seventy-five dollars ($75.00) per month if the mayor does not hold regular court, one hundred fifty dollars ($150.00) per month if the mayor does hold regular court; the city manager shall receive such salary as the board of aldermen may determine; members of the board of aldermen shall be qualified electors of the town. A member of the board of aldermen ceasing to possess any of the qualifications specified in this Section, or convicted of crime while in office, shall immediately forfeit his office.

Sec. 12. MEETING OF THE BOARD OF ALDERMEN. At 8:00 o'clock, P. M., on the first Tuesday following each regular municipal election, the board of aldermen shall meet at the Town Hall of Waynesville and the newly elected members shall assume the duties of office. Thereafter the board of aldermen shall meet at such times and places as may be prescribed by ordinance or resolution, but not less frequently than once each month. Special meetings shall be called by the clerk upon the written request of the mayor or two members of the board of aldermen. Any such notice shall state the subject to be considered at the special meeting and no other subject shall be there considered. All meetings of the board of aldermen and of committees thereof shall be opened to the public, and the rules of the board of aldermen shall provide that citizens of the town shall have a reasonable opportunity to be heard at any such meetings in regard to any matter considered thereat; but the board of aldermen or a committee thereof may by a three-fifths vote of all the members authorize an executive meeting.

Sec. 13. MAYOR AND MAYOR PRO TEM. The mayor shall preside at meetings of the board of aldermen and shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by the general laws of North Carolina, by this charter and the ordinances of the town. He shall be recognized as the head of the town government for all ceremonial purposes, and by the courts for serving civil processes, and by the Governor for purposes of military law. In time of public danger or emergency the mayor shall take command of the police, maintain order and enforce the law. In case of the absence or disability of the mayor, the mayor pro tem shall act as mayor during the continuance of the absence or disability. The mayor pro tem shall be elected by the board of aldermen from their own number.

Sec. 14. BOARD OF ALDERMEN RULES. The board of aldermen shall be the judge of the election and qualifications of its members, and in such cases shall have power to subpoena witnesses and compel the production of all pertinent books, records, and papers; but the decision of the board of aldermen in any such case shall be subject to review by the courts. The board of aldermen shall determine its own rules and order of business and keep a journal of its proceedings.

Sec. 15. QUORUM. A majority of the members elected to the board of aldermen shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members elected to the board of aldermen shall be necessary to adopt any ordinances, resolutions, order or vote; except that a vote to adjourn, or regarding the attendance of absent members, may be adopted by a majority of the the members present. No member shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are involved.

Sec. 16. INTRODUCTION AND PASSAGE OF ORDINANCES AND RESOLUTIONS. Ordinances and resolutions shall be introduced in the board of aldermen only in written or printed form. All ordinances, except ordinances making appropriations and ordinances codifying or rearranging existing ordinances or enacting a code of ordinances, shall be confined to one subject, and the subject, or subjects of all ordinances shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the board of aldermen. The enacting clause of all ordinances shall be: "Be it ordained by the Town of Waynesville."

Sec. 17. WHEN ORDINANCES AND RESOLUTIONS TAKE EFFECT; EMERGENCY MEASURES. Ordinances making the annual tax levy, appropriation ordinances, ordinances and resolutions pertaining to local improvements and assessments, ordinances and resolutions providing for or directing any investigation of town affairs, resolutions requesting information from administrative officers or directing administrative action, and emergency measures shall take effect at the time indicated therein. Except as otherwise prescribed in this charter, all other ordinances and resolutions passed by the board of aldermen shall take effect at the time indicated therein, but not less than ten days from the date of their passage. An emergency measure is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health or safety, in which the emergency claimed is set forth and defined in a preamble thereto. The affirmative vote of at least three members of the board of aldermen shall be required to pass any ordinance or resolution as an emergency measure. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure. No situation shall be declared an emergency by the board of aldermen except as defined in this Section, and it is the intention of this charter that such definition shall be strictly construed by the courts.

Sec. 18. AUTHENTICATION AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Upon its final passage each ordinance or resolution shall be authenticated by the signatures of the mayor and the town clerk and shall be recorded in a book kept for that purpose. Within ten days after final passage, a notice setting forth in brief the substance of each ordinance shall be published at least once in some newspaper having general circulation in said town.

 

NOMINATION AND ELECTIONS

Sec. 19. MUNICIPAL ELECTIONS. The regular election for members of the board of aldermen and a mayor shall be held on Tuesday following the first Monday in May in every second odd-numbered year, and shall be conducted in accordance with the general State laws relating to municipal elections, except as otherwise provided herein. The board of aldermen may by resolution order a special election, fix the time for holding the same, and provide all means for holding such special election.

Sec. 20. NOMINATIONS. Any qualified elector of the town may declare himself a nominee for membership on the board of aldermen from his respective ward, or as mayor by filing a statement with the town clerk not earlier than 90 days, nor later than 30 days before the election in the following form:

"I hereby declare myself a candidate for the office of alderman from Ward No.           (or mayor) to be voted on at an election to be held on the day of                                                                       , 19            .

                                                                                                                                                         

                                                                                                                     Candidate

 

                                                                                                                                                         

                                                                                                                      Address

Filed                           day of                                                       , 19            .

                                                                                                                                                         

                                                                                                                     Town Clerk"

The town clerk shall take and preserve the name and address of each person declaring himself as a nominee for office. Any candidate may withdraw his nominations not later than the last day for filing nomination papers by filing a notice of withdrawal with the town clerk.

Sec. 21. BALLOTS. The full names of candidates nominated for board of aldermen or mayor in accordance with the provisions of this charter, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots in the alphabetical order of the surnames in rotation without any party designation. There shall be printed a separate ballot for mayor, and as many sets of ballots as there are candidates for the office of aldermen. Each set of ballots shall begin with the name of a different candidate, the other names being arranged thereafter in regular alphabetical order, commencing with the name next in alphabetical order after the one that stands first on such set of ballots. When the last name is reached in alphabetical order it shall be followed by the name that begins with the first letter represented in the list of names and by the others in regular order.

Sec. 22. ELECTION OF MAYOR AND BOARD OF ALDERMEN. The mayor and members of the board of aldermen shall be elected by the qualified voters of the Town of Waynesville at large, but candidates for membership on the board of aldermen shall be nominated from their respective wards as hereinbefore designated. Every qualified voter shall be entitled to vote for a mayor and as many candidates as there are members to be elected to the board of aldermen. All candidates for aldermen up to the number to be elected, who receive the largest number of votes, shall be declared elected, and the candidate receiving the largest number of votes for the office of mayor shall be declared elected to that office.

Sec. 23. APPOINTMENTS OF OFFICERS AND EMPLOYEES. The board of aldermen shall appoint a city manager, who shall be the administrative head of the city government, and shall be responsible for the administration of all departments. He shall be appointed with regard to merit only, and he need not be a resident of the town when appointed. He shall hold office during the pleasure of the board of aldermen, and shall receive such compensation as it shall fix by ordinance.

Sec. 24. POWER AND DUTIES OF MANAGER. The city manager shall (1) be the administrative head of the town government; (2) see that within the town the laws of the State and the ordinances, resolutions and regulations of the board of aldermen are faithfully executed; (3) attend all meetings of the board of aldermen, and recommend for adoption such measures as he shall deem expedient; (4) make reports to the board of aldermen from time to time upon the affairs of the town, keep the board of aldermen fully advised of the town's financial condition and its future financial needs; (5) appoint and remove all heads of departments, superintendents and other employees of the town.

Sec. 25. APPOINTMENT AND REMOVAL OF OFFICERS. Such town officers and employees as the board of aldermen shall determine are necessary for the proper administration of the town shall be appointed by the city manager, and any such officer or employee may be removed by him; but the city manager shall report every such appointment and removal to the board of aldermen at the next meeting thereof following any such appointment or removal.

Sec. 26. CONTROL OF OFFICERS AND EMPLOYEES. Officers and employees of the town shall perform such duties as may be required of them by the city manager under general regulations of the board of aldermen, including the right to combine the duties of two or more of said offices to be handled by one person.

Sec. 27. POLICE JURISDICTION. All law enforcement officers of the Town of Waynesville, in addition to the authority generally conferred by law, shall have the power of arrest and law enforcement, together with authority to serve all legal process, either criminal or civil, at any point within the watershed area from which the Town of Waynesville draws its water supply and within the municipal garbage disposal areas, and within two miles of the corporate limits.

Sec. 28. TOWN CLERK. The town clerk shall keep the records of the board of aldermen and perform such other duties as may be required by law or the board of aldermen.

Sec. 29. DUTIES OF TOWN ATTORNEY OR ATTORNEYS. The town attorney or attorneys shall be attorneys at law who shall have practiced in the State of North Carolina for at least three years. He or they shall be the chief legal advisor of and attorney for the town and all departments and officers thereof in matters relating to their official powers and duties. It shall be his or their duty, either personally or by such assistants as he or they may designate, to perform all services incident to the department of law; to attend all meetings of the board of aldermen; to give advice in writing, when so requested, to the board of aldermen or the director of any department; to prosecute or defend, as the case may be, all suits or cases to which the town may be a party; to prepare all contracts, bonds and other instruments in writing in which the town is concerned, and to endorse on each approval of the form and correctness thereof; and to perform such other duties of a legal nature as the board of aldermen may require. In addition to the duties imposed upon the town attorney or attorneys by this charter or required by ordinance or resolution of the board of aldermen he or they shall perform any duties imposed upon the chief legal officers of municipalities by law.

Sec. 30. DUTIES OF TOWN TAX COLLECTOR. The tax collector shall collect all taxes, licenses, fees, and other moneys belonging to the town government, subject to the provisions of this charter and ordinances enacted thereunder, and he shall diligently comply with and enforce the general laws of North Carolina relating to the collection, sale and foreclosure of taxes by municipalities. It shall be the duty of the tax collector to deposit daily in the town depository or depositories all money belonging to the town. The board of aldermen may require the city manager to perform the duties of the tax collector.

Sec. 31. DUTIES OF TOWN TREASURER. The treasurer, if any, shall have custody of and shall disburse all moneys belonging to the town government subject to the provisions of this charter and ordinances enacted thereunder; shall have custody of all investments and invested funds of the town or in possession of the town in a fiduciary capacity, and shall keep a record of such investments, and shall have custody of all bonds and certificates of town indebtedness including such bonds and certificates unissued or cancelled, and the receipt and delivery of town bonds and certificates for transfer, registration, or exchange. The board of aldermen may require the town clerk to perform the duties of treasurer.

Sec. 32. CUSTODY OF TOWN MONEY. All moneys received by any department or agency of the town for or in connection with the business of the town government shall be paid promptly into the town depository or depositories. Such institution or institutions shall be designated by the board of aldermen in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by ordinance. All interest on moneys belonging to the town shall accrue to the benefit of the town government. All moneys belonging to the town government shall be disbursed only on vouchers signed by the mayor and countersigned by the town clerk.

Sec. 33. ISSUANCE OF BONDS. The town may issue bonds for the purpose and in the manner prescribed by the general laws of North Carolina for the issuance of bonds by municipalities.

Sec. 34. INDEPENDENT AUDIT. As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the town government by qualified public accountants, selected by the board of aldermen, who have no personal interest directly or indirectly in the financial affairs of the town government or of any of its officers. The results of this audit shall be published immediately upon completion.

 

MISCELLANEOUS PROVISIONS

Sec. 35. PUBLICITY OF RECORDS. All records and accounts of every office and department of the town shall be open to inspection by any citizen or by any representative of the press at all reasonable times and under reasonable regulations established by the board of aldermen, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

Sec. 36. PERSONAL INTEREST. Neither the mayor nor any member of the board of aldermen nor any officer or employee of the town shall have a financial interest, direct or indirect, in any contract with the town, or be financially interested, directly or indirectly in the sale to the town of any land, materials, supplies or services, except on behalf of the town as an officer or employee. Any wilful violation of this Section shall constitute malfeasance in office, and any officer or employee of the town found guilty thereof shall thereby forfeit his office or position. Any violation of this Section, with the knowledge express or implied of the person or corporation contracting with the town shall render the contract voidable by the board of aldermen.

Sec. 37. OATH OF OFFICE. Every officer of the town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the town clerk:

"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of North Carolina, that I will, in all respects, observe the provisions of the charter and ordinances of the Town of Waynesville and will faithfully discharge the duties of the office of          ."

Sec. 38. CONTINUANCE OF CONTRACTS. All contracts, debts or obligations entered into by the Town of Waynesville or the Town of Hazelwood, or for their benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or charter provisions existing at the time this charter takes effect may be carried to completion in accordance with the provisions of such existing laws and charter provisions.

Sec. 39. SAVING CLAUSE. If any part of this charter shall be declared invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of the charter. The provisions of this charter shall supersede all laws and ordinances not consistent herewith, insofar as the Towns of Waynesville and Hazelwood are affected thereby.

Sec. 40. BONDS ASSUMED. All bonds heretofore issued and unpaid by either the Town of Waynesville or the Town of Hazelwood shall be assumed by the Town of Waynesville as herein constituted and taxes shall be levied for payment thereof as the same shall become due.

Sec. 41. REAL AND PERSONAL PROPERTY. The title to all property, both real and personal, and the ownership of all the rights of way and easements heretofore owned by the Town of Waynesville shall continue to be owned by the Town of Waynesville as herein constituted and the title to all real and personal property now owned by the Town of Hazelwood and the title to all rights of way and easements for streets, water and sewer lines, and other purposes owned by the Town of Hazelwood is hereby transferred to the Town of Waynesville as herein constituted, to be used for such municipal purposes as the board of aldermen of the Town of Waynesville as herein constituted may hereafter authorize and direct.

Sec. 42. ORDINANCES: EFFECTIVE DURATION. That the ordinances and bylaws in force in the Town of Waynesville shall continue to be the ordinances and bylaws effective under the corporation hereby established until repealed or modified by the board of aldermen to be elected under the provisions of this Act.

Sec. 43. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 44. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 10th day of June, 1959.