GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 623

Short Title:  Craven Drainage Commissioners.	(Local)

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Sponsors: Representatives Wainwright, Nichols, and Edwards.

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Referred to:  Local & Regional Government I.

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March 29, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE ELECTION OF BOARDS OF DRAINAGE COMMISSIONERS IN CRAVEN COUNTY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 156-79 reads as rewritten:
"§ 156-79.  Election and organization under original act.
After the drainage district has been declared established, as aforesaid, and the survey and plan therefor approved, a three member board of drainage commissioners shall be elected in the manner set forth in G.S. 156-81.  Any vacancy thereafter occurring shall be filled by the clerk of the superior court in the manner set forth in G.S. 156-81.  The three drainage commissioners, when elected, shall be immediately created a body corporate under the name and style of 'The Board of Drainage Commissioners of ........ District,' with the right to hold property and convey the same, to sue and be sued, and shall possess such other powers as usually pertain to corporations.  They shall organize by electing from among their number a chairman and a vice-chairman.  They shall also elect a secretary, either within or without their body.  The board of drainage commissioners shall adopt a seal, which they may alter at pleasure.  The board of drainage commissioners shall have and possess such powers as are herein granted."
Sec. 2.  G.S. 156-81 reads as rewritten:
"§ 156-81.  Election and organization under amended act.
(a)	Method of Election. – 
		The members of the board of drainage commissioners shall own land in the district and shall be elected by vote of the persons owning land in the district, with each individual landowner having one vote.
(b)	Organization. – Immediately after the election of the board of drainage commissioners, the clerk of the court of the county wherein such drainage proceeding is pending shall notify each of the commissioners in writing to appear at a certain time and place within the district and organize. The clerk of superior court shall appoint one of the three members as chairman of the board of drainage commissioners, and in doing so the clerk shall consider carefully and impartially the respective qualifications of each of the members for the position.
(c)	Term of Office. –The members of the board of drainage commissioners shall be elected to serve four-year terms.  No member of the board of drainage commissioners may serve more than two consecutive terms.  The initial election of members of the board of drainage commissioners shall be held on September 1, 1996.  The terms of office of the drainage commissioners appointed by the clerk under prior law shall expire immediately upon the election of drainage commissioners pursuant to this section.
(d)	Vacancies Filled. – If a vacancy shall occur in the office of any commissioner by death, resignation, or otherwise, the remaining two members are to discharge the necessary duties of the board until the vacancy shall be filled; and if the vacancy shall be in the office of chairman or secretary, the two remaining members may elect a secretary, and the clerk of superior court shall appoint one of the two remaining members to act as chairman to hold until the vacancy in the board shall be filled. The clerk of superior court shall keep a record of any appointment to fill vacancies.  The person appointed to fill the vacancy shall be appointed in the manner set forth in subsection (a) of this section and shall serve until the expiration of the term of the person's predecessor. The secretary of the board of drainage commissioners shall promptly notify the clerk of superior court of any vacancy in the board.
	(f)	Meetings. – The board shall meet once each month at a stated time and place during the progress of drainage construction, and more often if necessary. After the drainage work is completed, or at any time, the chairman shall have the power to call special meetings of the board at a certain time and place. The chairman shall also call a meeting at any time upon the written request of the owners of a majority in area of the land in the district.
(g)	Compensation. – The chairman of the board of drainage commissioners shall receive compensation and allowances as fixed by the clerk of the superior court. In fixing such compensation and allowances, the clerk shall give due consideration to the duties and responsibilities imposed upon the chairman of the board. The other members of the board shall receive a per diem not to exceed twenty-five dollars ($25.00) a day, while engaged in attendance upon meetings of the board, or in the discharge of duties imposed by the board. The secretary of the board shall receive such compensation and expense allowances as may be determined by the board.
The chairman and members of the board of drainage commissioners shall also receive their actual travel and subsistence expenses while engaged in attendance upon meetings of the board, or in the discharge of duties imposed by the board. The compensation and expense allowances as herein set out shall be paid from the assessments made annually for the purpose of maintaining the canals of the drainage district, or from any other funds of the district.
	(i)	Repealed by Session Laws 1989 (Regular Session, 1990), c. 959, s. 3."
Sec. 3.  G.S. 156-82.1(c) reads as rewritten:
"(c)	The commissioners, upon notice to and with the approval of the clerk of the superior court, may use surplus funds in such manner as they deem best for (i) the maintenance of the improvements, (ii) construction or enlargement of canals and water retardant structures, or other improvements or equipment, (iii) replacement or acquisition of equipment or structures, and (iv) for payment of any or all operating expenses including salaries, fees and costs of court.
The term 'surplus funds' is defined to mean any funds remaining after the payment of those items set forth specifically in the certificate of assessment, as well as funds provided in said certificate for maintenance and contingencies, and also, shall include maintenance and any other funds which the said commissioners may have on hand and which are not necessary for the payment of the bonds and interest thereon which have been issued by the said district."
Sec. 4. G.S. 156-82.2 reads as rewritten:
"§ 156-82.2.  Election of drainage commissioners.
Notwithstanding any other provision of law, the term of office of any drainage district commissioner appointed by the clerk of superior court under prior law shall expire upon the election of drainage district commissioners in accordance with G.S. 156-81."
Sec. 5.  The Craven County Board of Elections shall, upon request, assist the Clerk of Superior Court of Craven County with the election of drainage district commissioners as provided by this act.
Sec. 6.  This act applies to Craven County and drainage districts lying entirely within Craven County only.
Sec. 7.  This act is effective upon ratification.