NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 83

HOUSE BILL 193

 

 

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 OF FORTY 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 CITY OF ASHEVILLE AND 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 to call a special election to submit to a vote of the qualified registered voters of Buncombe County the question of levying and collecting annually an ad valorem tax which shall be an additional supplemental tax of not more than forty cents (40¢) on each one hundred dollars ($100.00) valuation of taxable property in Buncombe County to provide for the construction, maintenance, support and operation of the public schools of the City of Asheville and the County of Buncombe.

Sec. 2. There shall be no new registration of voters of Buncombe County for such election. The registration books shall be open only for the purpose of registration of new voters in Buncombe County as provided by the general election laws for the election of members of the General Assembly, and no other question or issue shall be submitted to the voters in said election. If the additional tax levy be approved by a majority of qualified voters who shall vote on such question, the Board of County Commissioners of Buncombe County is authorized to levy and collect such additional tax not to exceed forty cents (40¢) on each one hundred dollars ($100.00) valuation of 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. The General Assembly does hereby give its special approval to the levy of the tax for the purposes referred to in this Act.

Sec. 3. If the approval by a majority of the qualified voters who vote on such question is obtained, the levy may be made for the taxable year next beginning after such election and the supplemental tax so collected shall be apportioned between the Buncombe County Board of Education and the Asheville City Board of Education on a per capita enrollment basis which shall be determined by the State Board of Education and certified to each administrative unit involved. In the event the approval of a majority of the qualified voters who shall vote on such question is obtained in such election, that portion of the supplemental tax collected during the first fiscal year in which said tax is levied and apportioned to the Buncombe County Board of Education may be used by the said Buncombe County Board of Education for the construction or improvement of school buildings or other capital expenditures, and all other taxes collected and apportioned shall be used to supplement any item of expenditure in the school budgets.

Sec. 4. In the event the approval of a majority of the qualified voters who shall vote on such question in said election is not obtained, the presently existing supplemental school taxes previously authorized for the benefit of any administrative unit, district or other school area shall not be impaired and the Board of County Commissioners is hereby authorized in such event to continue to levy and collect such taxes.

Sec. 5. The special election provided for in this Act may be held at any time prior to January 1, 1969, after the effective date of this Act and 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, and the time of calling said election is to be determined by the Board of County Commissioners of Buncombe County if the authority granted hereby is exercised.

Sec. 6. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed; however, the powers granted by 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 23rd day of March, 1967.