In exercising the power of eminent domain the Town of Fairmont may, in its discretion, use the procedures set forth in article 9 of chapter 136 of the General Statutes, or the procedures of any general law or local act applicable to the town.
Editor's note:
The following are the portions of Acts 1973, chapter 288 referred to in the editor's note located at the beginning of the charter. The material is printed in a style consistent with the Fairmont Municipal Code.
CHAPTER 288
SENATE BILL 508
SENATE BILL 508
AN ACT TO REVISE AND CONSOLIDATE THE CHARTER OF THE TOWN OF FAIRMONT AND TO REPEAL PRIOR CHARTER ACTS.
The General Assembly of North Carolina enacts:
Section 1. The Charter of the Town of Fairmont is hereby revised and consolidated to read as follows:
"THE CHARTER OF THE TOWN OF FAIRMONT
Section 2. The purpose of this act is to revise the Charter of the Town of Fairmont and to consolidate herein certain acts concerning the property, affairs, and government of the town. It is intended to continue without interruption those provisions of prior acts which are consolidated, specifically or by implication, into this act, so that all rights and liabilities that have accrued are preserved and may be enforced.
Section 3. This act shall not be deemed to repeal, modify, nor in any manner to 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:
(a) Any acts concerning the property, affairs, or government of public schools in the Town of Fairmont;
(b) Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.
Section 4. The following acts or portions of acts, having served the purpose for which enacted, or having been consolidated into this act, are hereby repealed: c. 112, Private Laws of 1899; c. 82, Private Laws of 1901; c. 42, Private Laws of 1907; c. 308, Private Laws of 1913; c. 312, Private Laws of 1913; c. 476, Private Laws of 1913; c. 151, Private Laws of 1915; c. 149, Private Laws of 1919; c. 64, Private Laws of 1921; c. 149, Private Laws of 1929; c. 183, Private Laws of 1929; c. 157, Private - Local Laws of 1931; c. 282, Session Laws of 1943; c. 198, Session Laws of 1947; c. 555, Session Laws of 1947; c. 86, Session Laws of 1949; c. 446, Session Laws of 1949; c. 800, Session Laws of 1949; c. 148, Session Laws of 1951; c. 223, Session Laws of 1953; c. 203, Session Laws of 1955; c. 452, Session Laws of 1957; c. 666, Session Laws of 1957; c. 741, Session Laws of 1957; c. 43, Session Laws of 1963; c. 172, Session Laws of 1965; c. 752, Session Laws of 1967; c. 308, Session Laws of 1969; c. 323, Session Laws of 1969; c. 772, Session Laws of 1969; c. 1007, Session Laws of 1969.
Section 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):
(a) 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;
(b) 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.
Section 6. No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:
(a) The repeal herein of any act repealing such law, or
(b) Any provision of this act that disclaims an intention to repeal or affect enumerated or designated laws.
Section 7. (a) All existing ordinances and resolutions of the Town of Fairmont, and all existing rules or regulations of departments or agencies of the Town of Fairmont, 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 Town of Fairmont or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.
Section 8. Severability. If any provision of this act or the application thereof to any person or circumstance 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.
Section 9. All laws and clauses of laws in conflict with this act are hereby repealed.
Section 10. This act shall become effective upon its ratification.
In the General Assembly read three (3) times and ratified, this the 1st day of May, 1973.
/s/ James E. Hunt, Jr.
President of the Senate
/s/ James E. Ramsey
Speaker of the House of Representatives