GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 991

HOUSE BILL 1525

 

AN ACT TO PROVIDE FOR AN ELECTION IN THE NORTHEASTERNMOST PART OF DARE COUNTY ON THE QUESTION OF ESTABLISHING A DUCK AREA BEAUTIFICATION DISTRICT AND TO PROVIDE FOR THE LEVY AND COLLECTION OF PROPERTY TAXES IN THIS DISTRICT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Election Authorized.  The Board of County Commissioners of Dare County may call an election in the Duck Area District, described in Section 2 of this act, to submit to the voters in the district the single issue of establishing the Duck Area Beautification District and authorizing the annual levy and collection of a special ad valorem tax on all taxable property in the district to beautify the district and protect the citizens of the district by providing for the installation of underground power lines.  The Dare County Board of Elections shall conduct this election, in accordance with Chapter 163 of the General Statutes, and shall certify the results of the election to the Dare County Board of Commissioners.

Sec. 2.  Description of District.  The Duck Area District consists of that part of Dare County beginning at the point at which the Dare County boundary, the Currituck County boundary, and the Atlantic Ocean intersect, then proceeding southward along the Dare County boundary to the Town of Southern Shores, then westward along the boundary of the Town of Southern Shores to Currituck Sound and continuing westwardly across the sound to the boundary separating Currituck and Dare Counties, and then northward and eastward along the Dare County boundary to the point of beginning.

Sec. 3.  Ballot.  The Dare County Board of Elections shall prepare ballots in the following form for an election called under Section 1 of this act:

"FOR creation of the Duck Area Beautification District and the levy of an ad valorem tax, not to exceed ten cents (10c) for each one hundred dollars

($100.00) taxable valuation, to beautify the district and protect the citizens of the district by providing for the underground installation of power lines.

AGAINST creation of the Duck Area Beautification District and the levy of an ad valorem tax, not to exceed ten cents (10c) for each one hundred dollars

 ($100.00) taxable valuation, to beautify the district and protect the citizens of the district by providing for the underground installation of power lines."

Sec. 4.  District Established; Tax Levy.  If a majority of the qualified voters voting in an election called under Section 1 of this act vote in favor of creating the Duck Area Beautification District and authorizing the levy and collection of an ad valorem tax in the district, the Dare County Board of Commissioners shall, upon receipt of a certified copy of the election results, adopt a resolution creating the Duck Area Beautification District and shall file a copy of the resolution with the clerk of superior court of Dare County.  Upon establishing the Duck Area Beautification District, the Dare County Board of Commissioners may annually levy an ad valorem tax on all taxable property in the district in an amount the board considers necessary to provide for the installation of underground power lines, not to exceed ten cents (10c) for each one hundred dollars ($100.00) taxable valuation of property.  The proceeds of this tax shall be used only to provide for the underground installation of power lines in the district.

Sec. 5.  Nature of District; Governing Body.  If created, the Duck Area Beautification District shall be a body politic and corporate and shall have the power to provide for the installation of underground power lines and do all acts reasonably necessary to fulfill this purpose.  The Dare County Board of Commissioners shall serve, ex officio, as the governing body of the district, and the officers of the board of county commissioners shall likewise serve as the officers of the governing body of the district.  A simple majority of the governing body constitutes a quorum, and approval by a majority of those present is sufficient to determine any matter before the governing body, if a quorum is present.

Sec. 6.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 27th day of June, 1984.