Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-08-14
H~ENDERSONVIL[ES NEW
CHARTER, AS ADOPTED BY
our LAST LEGISLATURE

All
The General Assembly of North Carolina do enact:
CORPORATE NAME
Section l. That the name of the town of Hendersonvine,
in Henderson County, be changed to the City of Henderson
vile, which shall be a municipal corporation, with the same
boundary limits as heretofore provided for the town Of Hen
Jacksonville, viz: extending one mile in all directions from a
point in front of the present County court house which was
the centre of the old court house torn away in the year one
thousand nine hundred and four.
CORPORATE POWERS.
Section 2. The city of Hendersonvlle shall have all of
the rights, privileges, powers, immunities and liabilities which
are conferred upon or are incident to incorporated cities and
towns by virtues of the law of the land and especially by
chapter seventy-three of the Revisal of one thousand nine
hundred and five OF North Carolina, and all such as are
created, limited, modified or extended by this act and when
ever this act may be in conflict with or repugnant to the gen.
eral laws of the state applicable to cities and towns, then
this act shall govern and contro' in so far as the rights, priv
Eleges, powtrs, immunities and liabilities of the cit yof Hen
Jacksonville is concerned.
Section 8. The corporate powers of the city shall be
vested in and exercised by a board of commissioners COM
posed of six qualified voters of the city.
Section 4. The city shall have the right and power to
acquire, own, rent or lease such lands and in such amounts
as in the judgment of the commissioners may be necessary
for the welfare or convenience of it's citizens or other cor
porate purpose, whether the said lands be situated within or
without the corporate limits of the city; that the city may
acquire, purchase, rent or lease or sell the same in the man
ner which may be deemed best and advisable by the COM
missioners.
Section 8. The city shall have the right to condemn lands
or other property for public purposes, paying a just COM
pensation for thessame; and in all condemnation proceedings
no land or other property shall be taken without due notice
to the owner thereof, and the amount to be paid the owner
shall be ascertained by three free-holders Of the city; one to
be chosen by the commissioners, one by the property owner
and one by these two. The said free-holders shall be duly
sworn by a person qualified to administer oaths lawfully to
ptrform the duties assigned to them and a true report to
make of the same to the commissioners; and such report, on
being confirmed by the commissioners, shall have the force
and effect of a judgment against the city for the. amount
therein specified and shall have the effect Of passing the title
Of the said property to the city, and may be used at once by
the city for the purpose for which it was condemned. Pro-
vided, That if the person whose property is thus taken, or
te commissioners, be dissatisfied with the valuation thus
made, then in that case, either the property owner or the
commissioners for the city shall have the right of appeal to
the superior court, where the whole matter shall be heard
de novO, and such appeals shall be perfected according to the
analogy of appeals from a justice Of the peace of the county
commissioners. Provided further, that when the property to
Zoe condemned be situated without the corporate limits of the
city the condemnation proceedings shall be the same as pre-
scribed by law for acquiring right of way by railroad COM
panies. Provided further, that an appeal to the superior
court shall not hinder or delay the commissioners from open
ing widening or improving any street, or making any other
public Improvement during the tendency Of such appeal.
Sec G.. The city is fully. authorized and empowered to
pass all such ordinances, resolutions OR orders which the
commissioners may deem necessary or expedlent for the
preservation of the peace, good order, decency, health, NOR
ais, protection, preservation, welfare and ~well-being of the
inhabitants of the city or its property, not inconsistent with
the statues and constitution of the state and OF the law OF
the land. And all ordinances of the town of Henderson
vile now in force and effect shall remain in full force and
effect until duly repealed, amended or modified.
Section 7. All property, rights, demands, rights OF az
ton belonging to or appertaining to the town OF Henderson
vile shall enure and belong to the city of Hendersonv1He'
vile and shall in no way be prejudiced L or affected by TINS
act except to confirm the same in the city of Hendersonv1le,
and the city of Hendersonville shall in all things be consld-
cred to be the successor of the town of Hendersonv1le; and
no action or proceeding against the town OF Hendersonv1he
or by the town of Hendersonville shall abate by reason OF
this act but shall proceed to Judgment as if the said city
mad been named originally in said action or proceeding.
EVIDENCE OF
Section 8. All ordinances. resolutions or orders O the
said city when printed by its authority shall be prlma Iacle
evidence of their authenticity in all the courts OF this state
ELECTION o MAYOR COMMISSIONERS
Section 9. A mayor and three commissioners snali Q
elected on the first Tuesday after the first Monday IN May,
one thousand nine hundred and thirteen, for the term o. Two