Private Acts of 1941 Chapter 58

SECTION 1.  That all proceedings heretofore had in connection with the creation and organization of East Brainerd Utility District of Hamilton County, Tennessee, as said District was created by decree entered in the County Court of Hamilton County, Tennessee, on the 15th day of October, 1940, are hereby validated and confirmed, and said District is hereby declared to be a validly created and existing utility district under the provisions of Chapter 248 of the Public Acts of Tennessee, 1937.

SECTION 2.  That the proceedings had on October 15, 1940, by D. B. Vance, O. L. Blackwell and John A. Stein, pursuant to which said persons organized as the Board of Commissioners of said District and pursuant to which a President, Secretary and General Manager were elected, are hereby validated and confirmed and D. B. Vance is declared to be the duly chosen and qualified President of said Board of Commissioners, John A. Stein the duly chosen and qualified Secretary of said Board, O. L. Blackwell a duly chosen, qualified member of said Board, and J. F. Bork the duly chosen and qualified Treasurer and General Manager of said District.

SECTION 3.  That the proceedings had by said Board of Commissioners on December 14, 1940, in the adoption of a resolution entitled, "A Resolution authorizing the issuance of $65,000 Waterworks Revenue Bonds of the East Brainerd Utility District of Hamilton County, Tennessee; prescribing the form and other details of said bonds; providing for the collection and disposition of the revenues to be derived from such waterworks system; making other provisions with respect to the operation of said waterworks system and the issuance of said bonds, providing for the payment of said bonds, and providing for the acquisition and improvements of a waterworks system to be paid for in part with the proceeds of the sale of said bonds" are hereby validated, ratified and confirmed, the provisions of said resolution are hereby declared to be valid and effective in accordance with their terms and the bonds authorized by said resolution when duly delivered and paid for in accordance with the provisions of said resolution shall be and are hereby declared to be the valid and binding obligations of said East Brainerd Utility District.

SECTION 4.  That the Board of Commissioners of said District is hereby authorized and empowered to do all things necessary to the issuance of said bonds and to make any changes in the provisions of the aforesaid resolution which it may consider advisable, and the making of such changes shall not in any way impair the curative effect of this Act.

SECTION 5.  That certain contract entered into as of the 16th day of September, 1935, between City Water Company of Chattanooga, Tennessee, and the East Brainerd Taxing District and assigned by the East Brainerd Taxing District to said East Brainerd Utility District is hereby validated and declared to be a valid and binding agreement between City Water Company and East Brainerd Utility District in accordance with its terms.

SECTION 6.  That if any section, clause or provision of this Act shall ever be held to be invalid for any reason, the remaining sections, clauses and provisions of this Act shall not be affected thereby, and shall remain in full force and effect.

SECTION 7.  That this Act take effect from and after its passage, the public welfare requiring it.

Passed:  January 20, 1941.