NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 1092

HOUSE BILL 774

 

 

AN ACT TO AUTHORIZE AND DIRECT BOARD OF COUNTY COMMISSIONERS OF RANDOLPH COUNTY TO CALL AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE RANDOLPH COUNTY SCHOOL ADMINISTRATIVE UNIT THE QUESTION OF THE LEVY OF A SPECIAL TAX FOR CAPITAL OUTLAY AND/OR CURRENT EXPENSE PURPOSES FOR THE PUBLIC SCHOOLS OF THE COUNTY ADMINISTRATIVE UNIT, AND ALSO TO SUBMIT TO THE VOTERS THE QUESTION OF THE ISSUANCE OF BONDS OF RANDOLPH COUNTY FOR SCHOOL PURPOSES.

 

The General Assembly of North Carolina do enact:

Section 1. The Board of Commissioners of Randolph County is authorized and directed to call an election to determine the will of the voters residing within the Randolph County School Administrative Unit on the question of whether or not the said board of commissioners shall be authorized and directed to levy and collect annually a special supplemental school tax not to exceed the annual rate of thirty-seven cents (37¢) per one hundred dollars ($100.00) of assessed valuation of all real and personal property within said Randolph County School Administrative Unit. Except as hereinafter provided, such election shall be conducted in accordance with the appropriate provisions of Article 9 of Chapter 153 of the General Statutes of North Carolina. Such election shall be held on the same day that the election is held on the road bond issue to be submitted to the people by virtue of the action of this Legislature.

Sec. 2. No new registration shall be required prior to the election provided for in Section 1 of this Act unless such is necessary to determine the qualified voters residing within the territorial limits of the Randolph County School Administrative Unit. Only those qualified voters who reside within the territorial limits of said school administrative unit shall be eligible to vote in such election. The ballot used in such election shall state two propositions in substantially the following words: "For authorizing the Board of Commissioners of Randolph County to levy a special supplemental school tax not to exceed the annual rate of thirty-seven cents (37¢) per one hundred dollar ($100.00) valuation of property within Randolph County School Administrative Unit, to be used for the exclusive benefit of such school administrative unit" and "Against authorizing the Board of Commissioners of Randolph County to levy a special supplemental school tax not to exceed the annual rate of thirty-seven cents (37¢) per one hundred dollar ($100.00) valuation of property within Randolph County School Administrative Unit, to be used for the exclusive benefit of such school administrative unit", and shall have a square opposite each proposition in one of which the voter may make a mark (X).

Sec. 3. If a majority of the qualified voters who vote in the election provided for in Section 1 of this Act shall vote in favor of authorizing a special supplemental school tax levy, the board of commissioners shall be authorized and directed to levy such tax annually commencing in the year 1966, in addition to all other taxes or non-tax funds permitted or required by the Statutes and Constitution of North Carolina to be provided for the public schools by said board of commissioners. The proceeds of such tax shall be used to supplement the current operating expenses of the Randolph County School Administrative Unit or to be paid into a capital reserve fund for such school administrative unit, or both, according to budgets submitted to the board of commissioners by the Randolph County Board of Education and according to the appropriate provisions of Article 9 of Chapter 115 of the General Statutes of North Carolina. The funds derived from the special tax levy shall be used only for the purposes herein stated and only for the benefit of the Randolph County School Administrative Unit.

Sec. 4. In addition to the propositions to be submitted to the voters as provided in Section 2 of this Act, there shall be submitted at the same election, separate from but on the same ballot as the propositions stated in Section 2, two propositions stated substantially in the following words: "For authorizing the Randolph County Board of Commissioners to issue bonds not to exceed the amount of four million five hundred thousand dollars ($4,500,000.00) for the purpose of purchasing sites, constructing buildings, and purchasing equipment for the Randolph County School Administrative Unit" and "Against authorizing the Randolph County Board of Commissioners to issue bonds not to exceed the amount of four million five hundred thousand dollars ($4,500,000.00) for the purpose of purchasing sites, constructing buildings, and purchasing equipment for the Randolph County School Administrative Unit", with a square opposite each proposition in one of which the voter may make a mark (X).

Sec. 5. If a majority of the qualified voters who vote on the propositions provided for in Section 4 of this Act shall vote in favor of authorizing the issuance of school bonds, the board of commissioners shall be authorized to issue such bonds, in one or more orders, not to exceed the total amount of four million five hundred thousand dollars ($4,500,000.00) for the purposes stated in Section 4 above, notwithstanding any limitations as to indebtedness for school purposes contained in § 153-87 or other Section of the General Statutes of North Carolina. Except for the exemptions or exceptions herein provided, all school bonds issued pursuant to this Act shall be subject to an issue in accordance with the appropriate provisions of the County Finance Act, Article 9 of Chapter 153 of the General Statutes, relating to the preparation, issuance, and control of proceeds of school bonds. Such bonds shall be issued for and the proceeds thereof expended for the exclusive benefit of the Randolph County School Administrative Unit.

Sec. 6. In the event that bonds are issued as provided in this Act, the Board of Commissioners of Randolph County are authorized to levy annually on the real and personal property within the territorial limits of the Randolph County School Administrative Unit a tax sufficient to meet the payments of principal and interest on such bonds as provided by the terms of sale of such bonds and the appropriate general laws of the State.

Sec. 7. Any situation or circumstance regarding the conduct of the election provided herein which is not covered by the terms of this Act or Article 9 of Chapter 153, in that order, shall be subject to the appropriate provision of the general election laws of the State as provided in Chapter 163 of the General Statutes of North Carolina.

Sec. 8. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 9. This Act shall be in full force and effect from the date of its ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1965.