NORTH CAROLINA GENERAL ASSEMBLY
1959 SESSION

CHAPTER 208
HOUSE BILL 98

AN ACT TO AMEND CHAPTER 22 OF THE PRIVATE LAWS OF 1935 RELATING TO THE UTILITIES COMMISSION OF THE CITY OF LEXINGTON.

The General Assembly of North Carolina do enact:

Section 1. Section 6 of Chapter 22 of the Private Laws of 1935 is hereby amended by inserting, following the word "Secretary" and preceding the word "and" in line 4 thereof, the words: "or some other person or employee appointed by said Commission,"; and by inserting, following the word "thereof," and preceding the word "and", the words: "or some other person or employee appointed by said Commission,".
Sec. 2. Section 11 of Chapter 22 of the Private Laws of 1935 is hereby rewritten to read as follows:
"Sec. 11. Said Commission is hereby fully authorized and empowered to fix rates for water, lights, sewage and gas subject to the limitations fixed in any franchise heretofore granted and which may hereafter be granted for the same."
Sec. 3. Section 12 of Chapter 22 of the Private Laws of 1935 is hereby rewritten to read as follows:
"Sec. 12. The Utility Commission shall prepare and adopt an annual budget which shall be submitted to the City Council for inclusion as a part of the annual budget for the City of Lexington. Said Commission shall render a full report to the City Council of Lexington not later than the second Monday of each month which shall show the revenues and expenditures for the month, the revenues and expenditures for the fiscal year to date, and the unencumbered balances in the various accounts of the Utility Commission. At the beginning of the fiscal year the Utility Commission shall estimate the profits which shall result from operations during that year, and shall monthly pay to the Treasurer of the City of Lexington a prorated amount of those estimated profits. At the end of the fiscal year, or sooner, if it should be determined by the Utility Commission and the City Council that the amount of profits shall not be as great as the amount estimated, the annual budget shall be amended by the City Council to make appropriate adjustments in revenues and appropriations. At the end of each fiscal year necessary adjustments shall be made so as to reflect the actual amount of profits in the payment by the Utility Commission to the City of Lexington."
Sec. 4. Section 15 of Chapter 22 of the Private Laws of 1935 is hereby rewritten to read as follows:
"Sec. 15. As compensation for their services each member of said Commission shall be paid the same salary paid members of the City Council. The City Manager shall serve as Utilities Manager for the Utility Commission."
Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 6. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 2nd day of April, 1959.