NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 995

HOUSE BILL 1491

 

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS OF BUNCOMBE COUNTY TO CALL A SPECIAL OR GENERAL ELECTION TO AUTHORIZE THE LEVY OF AN ADDITIONAL SUPPLEMENTAL TAX NOT TO EXCEED THIRTY CENTS ON EACH ONE HUNDRED DOLLARS VALUATION OF TAXABLE PROPERTY IN BUNCOMBE COUNTY TO PROVIDE FOR THE CONSTRUCTION, MAINTENANCE, SUPPORT, AND OPERATION OF THE PUBLIC SCHOOLS OF THE COUNTY OF BUNCOMBE.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Board of County Commissioners of Buncombe County is authorized and empowered upon petition by the Buncombe County Board of Education to call a special or general election to be held on or before June 1, 1973, to submit to a vote of the qualified registered voters of Buncombe County the question of levying and collecting annually an ad valorem tax, a supplemental tax not to exceed thirty-seven cents (37˘) on each one hundred dollars ($100.00) valuation of taxable property within Buncombe County to provide for the construction, maintenance, support and operation of the public schools of the County of Buncombe.  For the purpose of this tax election, the Asheville City Administrative School Unit shall not be deemed to be one of the school districts within the contemplation and meaning of this act, and the provisions of this act shall have no application to the Asheville City Administrative Unit.

Sec. 2. There shall be a special registration of voters within Buncombe County for such election.  The registration books shall be open for the purpose of the registration of voters within Buncombe County as provided by the general election laws for the election of members of the General Assembly.  If the additional tax levy be approved by a majority of all the qualified voters in Buncombe County who shall vote on such question, the Board of County Commissioners of Buncombe County is authorized to levy and collect such additional supplemental tax not to exceed thirty-seven cents (37˘) on each one hundred dollars ($100.00) valuation of the taxable property in Buncombe County.  The amount of said tax to be levied  and collected annually shall be decided by the Board of County Commissioners of Buncombe County and included in each year's budget, but the amount of said tax to be levied and collected shall be the same amount on each one hundred dollars ($100.00) valuation of taxable property.  The General Assembly does hereby give its special approval to the levy of the tax for the purpose referred to in this act.

Sec. 3. If the approval by a majority of all the qualified voters within Buncombe County who shall vote on such question is obtained, the levy may be made for the taxable year next beginning after such election.  In the event the approval of a majority of all the qualified voters within Buncombe County who shall vote on such question is obtained in such election, all taxes collected and apportioned shall be used to supplement any item of expenditure in the school budgets.

Sec. 4. If the tax authorized herein is approved by the voters of the County, then all presently existing supplemental school taxes previously authorized for the benefit of any district shall cease and be discontinued upon the levy of the tax herein authorized.

Sec. 5. The special or general election provided for in this act shall be conducted by the Buncombe County Board of Elections under the applicable provisions of the general election laws of the State providing for the election of members of the General Assembly.

Should the voters of the County fail to approve the question submitted, an opportunity to vote again on such question shall be available annually upon the petition of the Board of Education to the County Commissioners.

Sec. 6. All laws and clauses of laws in conflict with the provisions of this act are hereby repealed; however, the powers of this act are in addition to and not in substitution for existing powers heretofore granted to Buncombe County and the Board of County Commissioners thereof.

Sec. 7. 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 July, 1971.