tax. condemnation striking out of section forty-six, subsection two, the words " or may Liability to pollhave been so resident within sixty days next preceding that day." By striking out of section forty-seven at the end thereof the words Assessment of property not sub"which assessment may be revised, corrected or amended by the fect to revision by board of aldermen." By inserting in section sixty, line twelve, before aldermen. the word "freeholder" the word "disinterested," and by striking Election of comout of the same line the words "to be chosen by the aldermen" and missioners in inserting in lieu thereof the words "one of whom shall be chosen by proceedings. the board of aldermen, one by the owner or owners and the third by the two thus chosen," and inserting in line thirteen after the word "freeholder" the words "after giving the owner or owners three days notice of the time and place of meeting and," and by adding to said section the following proviso: "Provided, the board of aldermen Proviso. shall have the right in the case the owner or owners refuse to select or delay the selection of a freeholder for five days to select for such owner or owners such freeholder, or if the two freeholders first chosen shall fail to agree upon the third freeholder within ten days, then the board of aldermen shall have the right to select said freeholders." By striking out section seventy-eight thereof. By striking out of School taxes not section eighty-one in line one thereof the words "be entitled to" and payable to city inserting in lieu thereof the words "receive and turn over to the city treasurer." By striking out section one hundred and six thereof. SEC. 2. That the public schools of the city of Greensboro shall be in charge of a board of education to consist of six members. SEC. 3. The present board of aldermen shall at their last regular Election of board meeting in April elect three members of said board of education, one for one year, one for two years, and one for three years. The board of aldermen to be elected on the first Monday in May, eighteen hundred and ninety-three, shall elect three members of said board of education at their first regular meeting, one for one year, one for two years, and one for three years, and thereafter each succeeding board of aldermen shall at their first regular meeting elect two members of said board of education for a term of three years. The members so elected shall enter upon their duties immediately after their election and shall so continue until their successors are elected and qualified. Vacancies by death, resignation or otherwise, shall be filled by the Vacancies. board of aldermen for the unexpired term. The board of aldermen Removal. shall have the power to remove any member of the board of education for proved incapacity or unfitness. treasurer. Mayor's fees payable to city treasurer. Board of educa tion. of education. SEC. 4. The first organization of the board of education shall not Organization of take place until after the first regular meeting of the board of alder men after the first Monday in May. board. SEC. 5. That said board of education shall yearly elect a superin- Duties of board. tendent and teachers for the public schools, and shall adopt all such rules and regulations as may be necessary for the successful conduct of said schools; shall choose the text books to be used in said schools Board to elect president, &c. Board to file &c. and shall have general oversight and management of the public schools of the city. SEC. 6. That within ten days from the date of their election the board shall organize by electing a president and a secretary. The secretary shall keep a record of the acts of the board. SEC. 7. That it shall be the duty of the board of education on the annual estimates, third Friday of May in each year to prepare and file with the clerk of the board of aldermen an estimate of the amount of money which will be required for the maintenance of the public schools for the succeeding scholastic year. Taxation for sup port of schools. SEC. 8. That it shall be the duty of the board of aldermen in raising taxes for the current year to make suitable provisions for the maintenance of the public schools. SEC. 9. That this act shall be in force from and after its ratification. Preamble. City of Winston authorized to become owner of CHAPTER 180. An act to enable the city of Winston to own and control the Winston WHEREAS, the Winston Water Company is a duly incorporated [body] with a capital stock of seventy-five thousand dollars, divided into seven thousand five hundred shares of ten dollars each, of which four thousand eight hundred and four shares have been subscribed for and fully paid and are owned as follows: one thousand two hundred shares by the city of Winston and three thousand six hundred and four shares by private individuals; and whereas, the said Water Company own valuable real estate in the city of Winston in addition to its plant, of which it is desired that the city become the owner and controller as well as of the works, and that they be extended so as to cover as nearly as practicable the whole territory of the city; and whereas, it has been deemed to be the best interest of the city to perpetuate the corporation of the water company, it has been mutually agreed between the board of aldermen of the city and the directors of the water company to ask the general assembly to enact the following; therefore, The General Assembly of North Carolina do enact: SECTION 1. That the city of Winston, by and through its board of aldermen, is hereby authorized to become the owner of all stock of stock of Winston the Winston Water Company, except fifty-four shares, which are to be retained by private individuals, so as to perpetuate the corporation, Water Co. ized to issue and by the retirement of the stock already subscribed, paid for, and not owned by the city of Winston, amounting to thirty-five thousand and five hundred dollars, on the conditions and terms hereinafter provided, to wit: The board of directors of the said Winston Water Company authorCompany, through their president and secretary, are hereby author- sell bonds to ized and empowered to issue and dispose of coupon bonds to the amount of $150,000. amount of one hundred and fifty thousand dollars, to be known as "The Winston Water Company Bonds," payable in twenty years, and bearing interest at the rate of five per centum per annum, payable semi-annually at the office of the Mercantile Trust and Deposit Company of Baltimore, Maryland, or at the office of the treasurer of the company in Winston, North Carolina; and to secure the same shall execute a mortgage upon the entire plant and property of the said Mortgage. Winston Water Company to the Mercantile Trust and Deposit Company of Baltimore, Maryland, trustee, with full powers of foreclosure and sale in case of default in payment at maturity of either the principal or interest of said bonds. SEC. 2. That the proceeds arising from the sale of said bonds shall Proceeds of be used as follows, to-wit: First, in payment of the present bonded bonds, how applied. and other indebtedness of the said company; second, in paying for the shares of stock authorized in the first section of this act to be purchased from individual shareholders at par value of said stock; third, the remainder of the said proceeds shall be expended in the extension of the lines and water-mains, and in payment of such other expenditures as the board of directors may determine necessary for the enlargement of the plant and the increase of the water-supply for the city. payment of SEC. 3. In order to meet the payment of the coupons on said bonds Dividends, &c., and the principal at maturity said directors shall apply thereto all applicable to dividends accruing to the city from its stock in said Water Company interest, &c. as well as other incomes from said company, including water and hydrant rents; and to meet any possible deficiency that may exist after such an application of said dividends and incomes said board of aldermen of the city of Winston shall annually assess, levy and col- Special tax. lect such taxes as may be necessary to pay the principal and interest of said bonded indebtedness herein provided for. The proceeds of Funds not to be mingled. the bonds and the income received from said Water Company shall at no time be mixed with other funds of the city, but shall at all times be kept separate and apart and known as the Water Company Fund, and to be used for no other purpose than contemplated in this act. SEC. 4. That the said city of Winston may guarantee the payment City may guaranof the interest as well as the principal of said bonded indebtedness, tee bonds, &c. not exceeding one hundred and fifty thousand dollars of the first mortgage bonds of said corporation, and endorse the aforesaid bonds in the consideration of the retirement of the private stock as herein condemnation. recited, as well as the benefits to be derived from the ownership of Liability of city. said Water-Works; but said city shall not be responsible for the payment of said indebtedness, nor for the interest, except to meet any deficiency that may exist after the application of the dividends and incomes from said rentals and resources of said Water Company, nor for the payment of the principal of said bonded indebtedness until the entire property of the said Water Company shall have been exhausted by sale or otherwise. Corporate existence of Winston Water Co. continued. Directors. Officers. Election in city on question of guaranteeing bonds, &c. Ballots. Election, when ordered. Subscriptions to capital stock by city for extensions, &c. Aldermen to approve private subscriptions. SEC. 5. The corporation now known as the Winston Water Company shall continue to exist as a body politic and corporate under the name and style of "The Winston Water Company," and have all the rights and powers and privileges heretofore granted to it in its charter and amendments thereto. SEC. 6. That the management of the corporation shall consist of seven directors as heretofore, whose terms of office shall be fixed by the stockholders. They shall elect one of their number president, and also elect a secretary, treasurer, and such other officers as they may deem needful and proper; and said directors need not be stockholders, but shall be residents of said city and qualified voters therein. SEC. 7. The city of Winston shall not endorse the bonds of said Water Company nor guarantee the payment of the interest and principal of the bonds herein authorized until the same shall be approved by a majority of the registered voters of the said city at an election to be ordered by said board of aldermen for that purpose; which election shall be held under the rules and regulations prescribed by the charter of said city for election of its aldermen, so far as the same may be applicable; and the ballots in favor of said endorsement shall read "For endorsement and guarantee," and those in opposition shall be read "No guarantee or endorsement." Said election shall be ordered at any time upon the written application of twenty-five freeholders, resident in said city and qualified voters therein, on twenty days notice given in the Daily Sentinel and Union Republican, specifying the terms on which the endorsement and guarantee shall be made, together with the extent and location of the proposed lines of extension; and the order for said election shall state explicitly the time, terms and condition upon which the said election is ordered, and in what portion of the city the money received from said bonds is to be expended. SEC. 8. That after the private stock has been purchased and cancelled the board of aldermen of the city may from time to time make subscriptions to the capital stock of the Winston Water Company, and pay for same at par, for the purpose of making such extensions as may be deemed advisable by the board of aldermen of the city and the board of directors of the Water Company. The directors of the Water Company shall not allow any subscriptions to be made to the capital stock of the company without first having the approval of the board of aldermen. The board of directors of the Water Com water outside pany, by and with consent of the board of aldermen of the city of Contracts for Winston, may contract to furnish water to parties outside of the city city. limits upon such terms as may be agreed upon by and between said parties and said board of directors. SEC. 9. That for the purpose of ascertaining the true number of New registration. the registered voters of the city of Winston the aldermen of the said city shall cause a new registration of the qualified voters of said city to be made previous to the election, under the rules and regulations of registering providing for new registration in elections for aldermen of the city. SEC. 10. That all laws and by-laws in conflict with any provision of Conflicting laws this act are hereby repealed. repealed. SEC. 11. That this act shall be in force from and after its ratification. CHAPTER 181. An act to change the name of the "Davis School" to "Davis Military School." The General Assembly of North Carolina do enact: SECTION 1. That section one (1) of chapter one hundred and six- Chapter 116, private laws 1891 teen of the laws of eighteen hundred and ninety-one be amended (incorporating by inserting after the word "Davis" and before the word "school" Davis School) in line six (6) the word "military." SEC. 2. That this act shall be in force from and after its ratification. amended. Name changed. CHAPTER 182. An act to amend the charter of Bryson City in the county of Swain. authorizing the condemning of property for streets and other public purposes. The General Assembly of North Carolina do enact: SECTION 1. That in addition to the powers conferred by chapter two hundred and seven of the laws of eighteen hundred and ninety-one the board of aldermen of Bryson City shall have the power to condemn any land inside the corporate limits of said town for streets or Chapter 207, private laws 1891, amended. |