Bradshaw v. City of High Point

66 S.E. 601, 151 N.C. 517, 1909 N.C. LEXIS 310

• Court: Supreme Court of North Carolina
• Decided: December 23, 1909
• Status: Published

Opinion

Clark, C. J.,

after stating the case: The contract was for a public necessity, and therefore a valid indebtedness, and a popular vote was not necessary, unless the charter or some statute required it. Fawcett v. Mt. Airy, 134 N. C., 125; Davis v. Fremont, 135 N. C., 538; Revisal, sec. 2916 (6).

The plaintiff relied upon chapter 19, Private Laws 1907, which authorized an election upon a proposition to issue $125,000 in bonds for divers purposes, among them that of improving and extending its water plant and sewer system, aiding the construction of a railroad, and other purposes. Had that statute prohibited the issuance of bonds for water and sewerage, unless so voted, this would have rendered the issuance of these bonds invalid, unless the statute has been repealed (Wadsworth v. Concord, 133 N. C., 587; Robinson v. Goldsboro, 135 N. C., 382; Commissioners v. Webb, 148 N. C., 120), for the Constitution, Art. VIII, sec. 4, places the control and restriction of the powers of municipal bodies in contracting debts in the General Assembly.

By chapter 395, Laws 1909, the General Assembly enacted “An act to grant a new charter to the city of High Point, repealing all laws and parts of laws in conflict herewith.” Section 12 of this act gave the city the fullest power to provide for a system of sewerage and waterworks. Section 27 (9) prescribes in detail the duties of the “superintendent of waterworks and sewerage.” Section 31 (10) is as follows: “From and after the ratification of this act, the same shall thenceforth be the charter of the city of High Point, and all laws now constituting a charter of said city, affecting the government thereof in the grants heretofore made of its corporate franchise and powers (except the acts relating to the issue of bonds and granting of franchises), and all laws of a public and general nature inconsistent with or coming within the purview of this act, are hereby repealed, as 'far only as they may affect the city.”

The plaintiff contends that the effect of this subsection is to except chapter 19, Private Laws 1907, from the general repealing clause. We do not think so, especially in view of the unrestricted power to establish a system of waterworks and sewerage conferred by section 12, above referred to.

The exception from repeal of acts relating to the issue of bonds and granting of franchises was to prevent the invalidation of bonds already issued and franchises already granted, but was not intended to continue restrictions which are inconsistent with the liberal provisions of the new chapter. Chapter 19, Private Laws 1907, was no longer necessary, and is completely eliminated by this “new charter.” The bonds are therefore valid. Greensboro v. Scott, 138 N. C., 184.

The debt being valid, the municipal authorities can issue bonds to fund the same. Commissioners v. Webb, 148 N. C., 123. Besides, the “new charter” (Laws 1909, ch. 395, sec. 30) expressly authorizes the city council “to fund or refund by ordinance the whole or any part of the existing debts of the city or any future debt” by issuing bonds.

The judgment below is

Affirmed.