§ 11.1. Incorporation by reference.

(a)

The Town Council is hereby authorized to adopt by reference the provisions of any code or public record, as herein defined, or portions thereof, without setting forth the provisions of such code or public record in full, and the contents of any map or plat; provided that official copies of all codes, public records, maps and plats, as are adopted by reference, shall be maintained for public inspection in the office of the Town Clerk.

(b)

As used in this section, the following terms shall have the meanings indicated as follows, unless the context otherwise requires:

(1)

'Code' shall mean and include any published compilation of rules and regulations which have been prepared by various technical trade associations, agencies or departments of the State of North Carolina, and shall include specifically, but shall not be limited to, building codes; plumbing codes; electrical wiring codes; fire prevention codes; traffic codes; inflammable liquids codes; gas codes; heat and air conditioning codes; together with any other code which embraces rules and regulations pertinent to a subject which is a proper municipal legislative matter.

(2)

'Public records' shall mean and include any municipal State or federal statute, rule or regulation adopted prior to the exercise by the Town of the authority to incorporate by reference herein granted; provided, however, that this definition shall not include the municipal ordinances, rules and regulations of any municipality except those of the Town of Troutman nor shall this definition include the State laws, rules and regulations of any other than the State of North Carolina.

(3)

'Map' or 'Plat' shall mean any map or plat recorded in the office of the register of deeds of Iredell County, North Carolina, or on file in the office of the Town Clerk of the Town of Troutman, North Carolina.

(4)

'Published' shall mean printed, lithographed, multigraphed, mimeographed or otherwise reproduced.

(c)

Any amendment which may be made to any code, public record, map or plat incorporated by reference by the Town Council hereunder may be likewise adopted by reference; provided, that such amendment adopted by reference shall be maintained for public inspection in the office of the Town Clerk.

( Ord. No. 01-15, § 2 , 1-8-2015)

Sec. 2. [Purpose.]

(a)

The purpose of this act is to revise the Charter of the Town of Troutman 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 into this act, so that all rights and liabilities that have accrued are preserved and may be enforced.

(b)

This act shall not be deemed to repeal, modify, or in any manner 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:

(1)

Any acts concerning the property, affairs, or government of public schools in the Town of Troutman;

(2)

Any acts validating, confirming, approving, or legalizing official proceedings, actions, contracts, or obligations of any kind.

(c)

The following act, having served the purposes for which it was enacted, or having been consolidated into this act is hereby repealed: Chapter 158, Private Laws 1973.

(d)

No provision of this act is intended, nor shall be construed, to affect in any way any rights or interests (whether public or private):

(1)

Now vested or accrued, in whole or in part, the validity of which might be sustained or preserved by reference to any provision of law repealed by this act;

(2)

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 provisions of law repealed by this act.

(e)

No law heretofore repealed expressly or by implication, and no law granting authority which has been exhausted, shall be revived by:

(1)

The repeal herein of any act repealing such law, or

(2)

Any provision of this act that disclaims an intention to repeal or effect enumerated or designated laws.

(f)

(1)

All existing ordinances and resolutions of the Town of Troutman, and all existing rules or regulations of departments or agencies of the Town of Troutman, not inconsistent with the provisions of this act, shall continue in full force and effect until repealed, modified or amended.

(2)

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 Troutman or any of its departments or agencies shall be abated or otherwise affected by the adoption of this act.

(g)

Severability. If any provision of this act or the application thereof to any person or circumstances 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.

(h)

Whenever a reference is made in this act to a particular provision of the General Statutes, and such provision is later amended, repealed or superseded, the reference shall be deemed amended to refer to the amended General Statute, or to the General Statute which most clearly corresponds to the statutory provision which is repealed or superseded.

(i)

All laws and clauses of laws in conflict with the provisions of this act are hereby repealed.

Sec. 3. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 31st day of March, 1981.