NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

CHAPTER 1019

HOUSE BILL 1084

AN ACT TO AUTHORIZE ELECTIONS ON THE QUESTION OF WHETHER OR NOT SCHOOL DISTRICTS IN ONE COUNTY SHALL BE ENLARGED BY ANNEXING OR CONSOLIDATING SCHOOL DISTRICTS OR OTHER SCHOOL AREAS FROM ADJOINING COUNTIES AND WHETHER OR NOT THERE SHALL BE LEVIED AND COLLECTED IN THE TERRITORY TO BE ANNEXED OR CONSOLIDATED THE SAME SPECIAL OR SUPPLEMENTAL TAX AS IS LEVIED AND COLLECTED IN THE DISTRICT OR DISTRICTS IN THE OTHER COUNTY.

The General Assembly of North Carolina do enact:

Section 1. G. S. 115-116, Volume 3A, Replacement 1960, is hereby amended by adding at the end of said Section, immediately after subsection (g), a new subsection to be designated as subsection (h), which shall read as follows:

"(h)      To annex or consolidate areas or districts from contiguous counties and to provide a supplemental school tax in such annexed areas or consolidated districts: An election may be called in any district or districts or other school area or areas, from contiguous counties, as to whether the district or districts, in one county shall be enlarged by annexing or consolidating therewith any adjoining district or districts, or other school area or areas from an adjoining county, and if a special or supplemental school tax is levied and collected in the district or districts of the county to which the territory is to be annexed or consolidated, whether upon such annexation or consolidation there shall be levied and collected in the territory to be annexed or consolidated the same special or supplemental tax for schools as is levied and collected in the district or districts in the other county. If such election carries, the said special or supplemental tax shall be levied and collected by the county wherein such territory lies and remitted to the county school fund of the county already levying and collecting such special or supplemental tax; provided, that notwithstanding the provisions of G. S. 115-122.1, if the notice of election clearly so states, and the election shall be held prior to August 1, the annexation or consolidation shall be effective and the tax so authorized shall be levied and collected beginning with the fiscal year commencing July 1 next preceding such election."

Sec. 2. Amend G. S. 115-118, Volume 3A, Replacement 1960, by adding at the end of said Section a new paragraph which shall read as follows:

"The school committee of a district, or the majority of the committees in an area including a number of districts, or a majority of the qualified voters who have resided for the preceding twelve months in a school area less than a district, and which area, district, districts or territory is adjacent to a district or districts in a contiguous county to which it is desired to be annexed or consolidated, and with the approval of the County Board of Education of the contiguous county to which it is desired to be annexed or consolidated, may petition the County Board of Education for an election."

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4. 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 17th day of June, 1961.