S.L. 1965-645

NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 645

HOUSE BILL 772

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF RESOURCE DEVELOPMENT ASSOCIATIONS IN TYRRELL COUNTY AND FOR THE ASSESSMENT AND COLLECTION OF TAXES FOR CONSTRUCTION, REPAIR, AND MAINTENANCE OF NEEDED WORKS OF IMPROVEMENT.

The General Assembly of North Carolina do enact:

Section 1. The Board of County Commissioners of Tyrrell County shall upon petition, as hereinafter provided, of twenty-five resident landowners living within an area as described in Section 2 of this Act, or upon petition of fifty-one per cent (51%) of the resident landowners if the total number be less than fifty, appoint three to five resident landowners from within the described area who shall compose a Resource Development Committee. If land of each of two or more counties is within the proposed Resource Development Association then, the Resource Development Committee shall consist of three resident landowners from each of the counties and from within the area of the proposed association.

Sec. 2. The petition submitted to the Board of Commissioners of Tyrrell County as specified in Section 1 of this Act shall set forth:

(1) A detailed description of the boundaries of the area of the proposed association.

(2) The purpose or purposes for which such proposed association is to be created.

(3) The proposed name of the Resource Development Association, i. e. Scuppernong River Resource Development Association.

(4) A request that the Board of Commissioners of Tyrrell County appoint a Resource Development Committee.

Sec. 3. Upon its receipt the Board of Commissioners of Tyrrell County shall review the petition and determine if it bears the requisite number of signatures, if those who signed the petition were eligible to sign as residents within the area of the proposed association, and if the description of the area of the proposed association clearly sets forth the boundaries of the association. If the Board of Commissioners of Tyrrell County should find the petition lacking in any of the particulars set forth in Section 2 of this Act, it shall be returned to the petitioners together with notice in writing of any deficiences found. Upon receipt of such notice the petitioners may correct the petition as indicated and re-submit same to the Board of Commissioners of Tyrrell County.

Sec. 4. The Resource Development Committee shall be authorized to enter upon the land described in the petition, and make a report to the county commissioners as to the needed works of improvement and the approximate cost of the needed works, and the area to be benefitted by the proposed works of improvement. This committee shall have the authority to:

(1) Cooperate with all Federal, State, county or local agency or officer with respect to planned works of improvement and program of the association.

(2) Request the Board of Commissioners of Tyrrell County to employ an engineer or other consultants to advise it in this matter and the fee of said engineer or consultant shall be part of the costs of said association.

Sec. 5. Upon its receipt the Board of Commissioners of Tyrrell County shall review the report of the Resource Development Committee. If the Board of Commissioners of Tyrrell County should find the report lacking in any of the particulars set forth in Section 4 of this Act, it shall be returned to the Resource Development Committee together with notice in writing of any deficiencies found. Upon receipt of such notice the committee may correct the report as indicated and re-submit same to the Board of Commissioners of Tyrrell County.

Sec. 6. When the Board of Commissioners of Tyrrell County have determined that the report of the Resource Development Committee meets the provisions of Section 4 of this Act and that the proposed works of improvement are economical and feasible, or upon the request of the Resource Development Commission, they shall:

(1) Appoint a board of three nonresident landowners who shall compose a board of assessors for the proposed association. If land of each of two or more counties is within the proposed Resource Development Association then the board of commissioners of the respective counties shall agree by majority endorsement or majority vote upon the appointment of three nonresident landowners who shall compose a board of assessors for the proposed association.

(2) Furnish the board of assessors a listing of the landowners within the proposed association and the amount of land owned by each owner.

(3) Furnish the board of assessors information showing the location of each landowners land.

Sec. 7. The board of assessors shall after being duly sworn by the Clerk(s) of Superior Court:

(1) View the property mentioned in the report of the Resource Development Committee and decide what assessments of cost for the proposed improvements each property owner shall bear of the total cost of the project.

(2) Have the authority to request the Board of Commissioners of Tyrrell County to employ each employee as it may desire and to determine their qualifications, duties and compensation. The cost of such employee(s) shall be part of the costs of the association.

(3) Make a report to the Board of Commissioners of Tyrrell County as to its findings and recommend assessments.

(4) Shall be reimbursed for their expenses and travel at the rate of ten dollars ($10.00) per day for expenses and eight cents ($0.08) per mile for travel. Each member of the board of assessors shall receive seven dollars ($7.00) per day per diem.

Sec. 8. The Board of Commissioners of Tyrrell County shall either accept or reject the findings and recommended assessments of the board of assessors. If the Board of Commissioners of Tyrrell County should reject the findings and recommended assessments of the board of assessors then its report shall be returned to the board of assessors together with notice in writing as to the reason the report was rejected. Upon receipt of such notice the board of assessors may correct the report as indicated and resubmit same to the Board of Commissioners of Tyrrell County.

When the board of commissioners accepts the report of the board of assessors, each property owner within the association defined and included in the report of the board of assessors shall be notified by the Board of Commissioners of Tyrrell County that the proceeding is pending and that assessments have been made and that they will have an opportunity to be heard on a given date and at a given place by the Board of Commissioners of Tyrrell County, said time and place being five days after said notice, said notice being given by letter sent to the last known address of said property owner and said notice being complete upon the mailing of said notice by the clerk of the Board of Commissioners of Tyrrell County.

Sec. 9. On the date set, the Board of Commissioners of Tyrrell County with the members of the board of assessors shall decide whether said assessments are equitable and just and those persons appearing shall be given an opportunity to be heard whether said assessments are equitable and just.

Sec. 10. If the Board of Commissioners of Tyrrell County decide that the proposed improvements are necessary and that the cost of the assessments for the proposed improvements are equitable and just, then the Board of Commissioners of Tyrrell County shall call an election in said area for the purpose of submitting to the qualified voters therein the single question of establishing a Resource Development Association in such area, and of assessing and collecting annually taxes for construction, repair, and maintenance of needed works of improvements. This election may be at the time of the next primary election held in the county. The Board of Elections of Tyrrell County shall provide one or more polling places in said area of association, shall provide for a registrar or registrars and judges of election at said voting places, shall provide for the registration of all qualified voters living in said area of the association, shall cause to be prepared the necessary ballots for voting at said election, shall fix the time and places for holding of the same, and shall conduct said election in every other respect according to the provisions of the laws governing general elections so far as they may be applicable. The Board of Elections of Tyrrell County shall determine and declare the results of the election, and the cost of holding the election shall be paid by Tyrrell County. The ballot provided for this election shall be written or printed:

[ ] FOR Creation of the (Name) Resource Development Association and proposed tax.

[ ] AGAINST Creation of the (Name) Resource Development Association and proposed tax.

Sec. 11. If two-thirds of the qualified voters voting in said election vote in favor of creating the Resource Development Association the Board of Commissioners of Tyrrell County shall adopt a resolution creating and establishing the Resource Development Association as set forth in the petition, and shall file a copy of the resolution so adopted together with the original petition, with the Clerk of the Superior Court of Tyrrell County. Upon creation and establishment of the Resource Development Association the Board of Commissioners of Tyrrell County is authorized and directed to levy and collect a tax in said district in such a manner as it may deem necessary from year to year, and shall cause the same to be kept in a separate and special fund, to be used only for the purposes specified in the petition within the association, as provided by Section 12 of this Act.

Sec. 12. A Resource Development Association shall constitute a political subdivision of the State of North Carolina and shall be a body corporate and politic, exercising public powers, and the association and its governing body shall have the following powers:

(1) To acquire, construct, develop, maintain, operate, improve and replace needed works of improvement for resource development.

(2) To employ such officers, agents, consultants and other employees as it may desire, and to determine their qualifications, duties and compensation.

(3) To cooperate with all Federal, State, county or local agency or officer with respect to works of improvement and program of the association, and to enter into such agreements, meet such conditions and such things in connection therewith as may be convenient or necessary.

(4) To request from time to time as may become necessary the reassessment of the costs of the works of improvement as provided in Section 6 and Section 7 of this Act but not more frequently than once every seven years.

Sec. 13. At the time the resolution creating and establishing the Resource Development Association is adopted and passed, the Board of Commissioners of Tyrrell County shall appoint three resident landowners from within the association to serve as the Resource Development Commission, except that where land of each of two or more counties is within the association the commission shall consist of three resident landowners from each of the counties and from within the area of the association. One of these members shall be designated to hold office for a term of three years, one member shall be designated to hold office for a term of two years, and the third shall be designated to hold office for a term of one year. Each is to hold office for the term specified in his appointment or until his successor is appointed and qualified. Successor members of the governing body shall be appointed by the Board of Commissioners of Tyrrell County and shall hold office for a term of three years. Except that where the commission consist of members from more than one county, then one of the members from each county shall be designated to hold office for a term of three years, one member shall be designated to hold office for a term of two years, and the third shall be designated to hold office for a term of one year. Each is to hold office for the term specified in his appointment or until his successor is appointed and qualified. All vacancies that occur shall be filled by appointment by the board of commissioners of the county in which the vacancy occurs. Each appointee shall qualify by taking an appropriate oath to well and truly execute the duties of his office according to the best of his skill and ability, according to law. The members of the governing board are authorized to select a chairman. A simple majority of the governing board shall constitute a quorum for the purpose of transacting business of the governing board, and approval by a majority of those present shall be adequate for determination of any matter before the governing board, provided at least a quorum is present. Regular annual meetings of the Resource Development Association Commission shall be held, and a meeting may be called at any time by the chairman or by any two members. Any member or members of the commission may for cause be removed by the board of commissioners of the county that appointed them.

Sec. 14. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 15. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 20th day of May, 1965.