NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 875

HOUSE BILL 1134

 

 

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 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 or general election to be held on or before June 1, 1968, to submit to a vote of the qualified registered voters of each of the various public school districts within Buncombe County the question of levying and collecting annually an ad valorem tax which shall be an additional supplemental tax not to exceed forty cents (40¢) on each one hundred dollars ($100.00) valuation of taxable property within each of the various public school districts within 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. Solely for the purpose of this tax election and for that purpose only, the Asheville City Administrative School Unit shall be deemed to be one of the public school districts within the contemplation and meaning of this Act.

Sec. 2. There shall be a special registration of voters within each of the various public school districts within Buncombe County for such election. The registration books shall be open for the purpose of the registration of voters in each of the various public school districts 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 tax not to exceed forty cents (40¢) on each one hundred dollars ($100.00) valuation of taxable property in Buncombe County. If the additional tax levy be not 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 tax not to exceed forty cents (40¢) on each one hundred dollars ($100.00) valuation of taxable property within each of the said public school districts within which the additional tax levy is approved by a majority of the qualified voters who shall vote on such question within said public school district. 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 in each public school district in which a majority of the voters in said election approve said levy. 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 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 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 all the qualified voters within Buncombe County 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.

If the approval by a majority of all the qualified voters within Buncombe County who vote on such question is not obtained, the levy may be made for the taxable year next beginning after such election in each of the public school districts in which a majority of the qualified voters who vote on said question approve said additional tax levy and the supplemental tax so collected shall be used by the appropriate Board of Education solely within the public school district in which the tax is collected to supplement any item of expenditure in the school budgets; provided, however, that the portion of the supplemental tax collected during the first fiscal year in which said tax is levied and allocated 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 solely within the public school district in which the said supplemental tax is collected.

Sec. 4. In the event the approval of a majority of the qualified voters within Buncombe County or within any public school district 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 of Buncombe County is hereby authorized in such event to continue to levy and collect such taxes; provided, however, that the levy of additional supplemental school taxes authorized hereunder, if approved, shall replace any existing supplemental school taxes previously authorized within the same administrative unit.

Sec. 5. The special or general election provided for in this Act shall be held on or before June 1, 1968, 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 no other question shall be presented to the voters at said election.

The Buncombe County Board of Elections shall have the power and authority, for the purposes of this tax election, to create new voting precincts whenever in its discretion the said Board deems said new voting precincts to be necessary and the said precincts may be created in whatsoever section or area of the county that the said Board of Elections in its judgment considers proper. The said Board of Elections of Buncombe County shall also have the power and authority to appoint the requisite number of election officials for said election, including those necessary for new precincts, and to establish such books and records as may be necessary and to establish all regulations and procedures for the proper conduct of said tax election, including the questions to be printed on the ballot and submitted to the voters.

Sec. 6. If the Asheville City Board of Education shall cause an election to be held within the Asheville City Administrative Unit on the question of whether or not an additional local supplemental tax shall be levied within the Asheville City Administrative Unit prior to June 1, 1968, then and in that event the provisions of this Act shall not apply to the Asheville City Administrative Unit, and it shall not be considered as a public school district for the purposes of this Act. If, however, no election is held in the Asheville City Administrative Unit on the question of the levy of an additional supplemental tax, then this Act shall apply to the Asheville City Administrative Unit, and it shall continue to be considered as a public school district for the purposes of an election under this Act and as set forth in Section 1 of this Act. If an election on the levy of an additional supplemental tax is held in the Asheville City Administrative Unit prior to June 1, 1968, then this Act shall apply to the Buncombe County School Administrative Unit and the public school districts therein, and said election on whether or not said supplemental tax shall be levied shall be conducted in the public school districts within the Buncombe County School Administrative Unit according to the procedures set forth herein.

Sec. 7. 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. 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 21st day of June, 1967.