NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 886
HOUSE BILL 851

AN ACT TO PROVIDE FOR AN ELECTION IN THE COMMUNITY OF STUMPY POINT IN DARE COUNTY ON THE QUESTION OF CREATING AND ESTABLISHING THE STUMPY POINT COMMUNITY CENTER DISTRICT AND FOR THE LEVY AND COLLECTION OF AN AD VALOREM TAX FOR REPAIR, MAINTENANCE, OPERATION, ETC. OF A COMMUNITY CENTER BUILDING.

The General Assembly of North Carolina do enact:
Section 1. The Board of County Commissioners of Dare County is hereby authorized to call an election to be conducted by the Board of Elections of Dare County in that area of Dare County known as Stumpy Point Community and specifically described in this Act, for the purpose of submitting to the voters therein the single issue of establishing the Stumpy Point Community Center District in said area and levying and collecting annually a special ad valorem tax on all taxable real and personal property in the proposed district except that owned by West Virginia Pulp and Paper Company for the purpose of maintaining and operating the Stumpy Point Community Center, as set forth in Section 5 of this Act. The tax levied and collected for the purpose herein specified shall not exceed five cents (5¢) on each one hundred dollars ($100.00) valuation of taxable property in the area. The area in Dare County to be included in the proposed Stumpy Point Community Center District, and to which this Act applies and in which said election is to be held, is more specifically described as follows:
"All of that area lying and being within the outer bounds of Croatan Township, in Dare County, North Carolina, known as the Stumpy Point Tax District and also known as the Stumpy Point Election Precinct, including the Village of Stumpy Point."
Sec. 2. For the election called as provided in Section 1 of this Act by the board of county commissioners, the Board of Elections of Dare County shall provide one or more polling place in said district in its discretion, shall provide for a registrar or registrars and judges of the election at said voting place or places, shall provide for the registration of all qualified voters living in said district, shall cause to be prepared the necessary ballots for voting at said election, shall fix the time and place for the holding of the same, and shall conduct said election in every other respect according to the provisions of the laws of the State of North Carolina governing general elections so far as they may be applicable. The Board of Elections of Dare County shall determine and declare the results of said election and certify the same to the Board of County Commissioners of Dare County and the same shall thereupon be spread upon the minutes of the said board. Said election shall be held without expense to the County of Dare.
Sec. 3. The form of the ballot to be used at said election shall be designated "Official Ballot", the area in which said election is held and the date thereof, and shall contain instructions as to voting for and against the question submitted which shall be written in the following form:
"FOR creation of the Stumpy Point Community Center District and the levy of an ad valorem tax not to exceed five cents (5¢) on the one hundred dollar ($100.00) taxable valuation for the operation and maintenance of a community center."
"AGAINST creation of the Stumpy Point Community Center District and the levy of an ad valorem tax not to exceed five cents (5¢) on the one hundred dollar ($100.00) taxable valuation for the operation and maintenance of a community center."
A square shall be provided opposite and to the left of the word "FOR" where the question is printed on the ballot and a square shall be provided to the left of the word "AGAINST". The ballot shall contain the facsimile signature of the Chairman of the Board of Elections of Dare County.
Sec. 4. If a majority of the qualified voters voting at said election shall vote in favor of creating the Stumpy Point Community Center District and the levying of a tax as aforesaid for the operation, maintenance and repair of a community center building, as provided by this Act, the Board of County Commissioners of Dare County shall upon receipt of the certified copy of the results of said election from the Board of Elections adopt a resolution creating the Stumpy Point Community Center District, and shall file a copy of the said resolution so adopted with the Clerk of the Superior Court of Dare County. Upon creation and establishment of the Stumpy Point Community Center District, the Board of County Commissioners of Dare County be and it is hereby authorized and directed to levy and collect an ad valorem tax on all taxable property in said district except that owned by West Virginia Pulp and Paper Company, in such amount as it may deem necessary, not exceeding five cents (5¢) on each one hundred dollars ($100.00) taxable valuation of property in said district from year to year, and shall cause the same to be kept in a separate and special fund, to be used only for the maintenance, operation and repair of a community center within said district, as provided by Section 5 of this Act.
Sec. 5. The Stumpy Point Community Center District shall constitute a political subdivision of the State of North Carolina, and shall be a body corporate and politic, exercising public power. The Stumpy Point Community Center District be and it is hereby authorized and empowered to establish, operate and maintain the community center for the use and benefit of all the residents of the district by providing a polling place for general and special elections; providing suitable facilities for public meetings; providing recreational park and playground facilities; providing facilities for meetings of civic and fraternal organizations; and providing facilities for the general use of residents of the district in all matters relating to the improvement of the general health and welfare of said district and all matters of community interest. The district and its governing body shall have the following powers:
(1)	To acquire and hold title to the Stumpy Point Community Center Building and any other real or personal property which may be acquired by the Stumpy Point Community Center District by purchase, gift, donation, contribution, or otherwise.
(2)	To sell, convey, and dispose of any real or personal property owned by the Stumpy Point Community Center District, acquired from any source whatsoever.
(3)	To erect, repair, construct, replace, and alter buildings owned by the Stumpy Point Community Center District, and to improve, manage and maintain and control all real and personal property owned by the Stumpy Point Community Center District or under its supervision and control.
(4)	To employ such officers, agents, consultants, and other employees as it may desire, and to determine their qualifications, duties and compensation.
(5)	To expend the funds collected by the special tax provided by this Act and any and all other funds coming into the hands of the governing body thereof by gift, donation, contribution, or otherwise, for the operation and maintenance of the Stumpy Point Community Center.
(6)	To do any and all other acts and things reasonably necessary and requisite to the operation and maintenance of the Stumpy Point Community Center in accordance with the provisions of this Act.
Sec. 6. The governing body of the Stumpy Point Community Center District shall be a board of trustees consisting of five bona fide residents of the Community of Stumpy Point. Upon the creation and establishment of the Stumpy Point Community Center District by the Board of County Commissioners of Dare County as hereinbefore provided, members of the board of trustees shall be appointed by the board of county commissioners and shall hold office for a term of three years. All vacancies that occur, whether by death, resignation, or otherwise, shall be filled by appointment of the board of county commissioners for the unexpired term of the person creating the vacancy. 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 board of trustees are authorized to select from their number a chairman and a vice‑chairman, and they may also select a treasurer and a secretary, which offices may be combined and which office or offices may be held by a person or persons who are not members of the board of trustees. A simple majority of the governing board shall constitute a quorum for the purpose of transacting business of the board of trustees, and approval by a majority of those present shall be adequate for determination of any matter coming before the governing board, provided at least a quorum thereof is present. Regular annual meetings of the board of trustees shall be held, and a meeting may be called of said board at any time by the chairman thereof or by any two members thereof. Any member or members of the board of trustees may for cause be removed by the Board of Commissioners of Dare County.
Sec. 7. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 8. 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 9th day of June, 1965.