NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 854

HOUSE BILL 285

 

 

AN ACT TO REVISE THE ELIGIBILITY REQUIREMENTS FOR MUNICIPAL STREET AID FUNDS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 136-41.2 is hereby amended by deleting from the third paragraph thereof the following words:

"No municipality shall be eligible to receive funds under Sections 136-41.1 and 136-41.2 unless it has within the four-year period next preceding the annual allocation of funds conducted an election for the purpose of electing municipal officials and currently imposes an ad valorem tax or provides other funds for the general operating expenses of the municipality."

Sec. 2.  The remainder of the present G.S. 136-41.2 is hereby redesignated as G.S. 136-41.1.

Sec. 3.  Article .2 of Chapter 136 of the General Statutes is hereby amended by adding a new Section, to be designated as G.S. 136-41.2, and to read as follows:

"G.S. 136-41.2.  Eligibility for funds. (a) No municipality shall be eligible to receive funds under G.S. 136-41.1 unless it has conducted the most recent election required by its Charter or the general law, whichever is applicable, for the purpose of electing municipal officials. The literal requirement that the most recent required election shall have been held may be waived only: (1) Where the members of the present governing body were appointed by the General Assembly in the act of incorporation and the date for the first election of officials under the terms of that act has not arrived; or, (2) where validly appointed or elected officials have advertised notice of election in accordance with law, but have not actually conducted an election for the reason that no candidates offered themselves for office.

"(b)      No municipality shall be eligible to receive funds under G.S. 136-41.1 unless it has levied an ad valorem tax for the current fiscal year of at least five cents (5˘) on the one hundred dollars ($100.00) valuation upon all taxable property within its corporate limits, and unless it has actually collected at least fifty per cent (50%) of the total ad valorem tax levied for the preceding fiscal year; provided, however, that, for failure to have collected the required percentage of its ad valorem tax levy for the preceding fiscal year:

(1)        No municipality making in any year application for its first annual allocation shall be declared ineligible to receive such allocation; and

(2)        No municipality shall be declared ineligible to receive its share of the annual allocation to be made in the year 1964.

"(c)       No municipality shall be eligible to receive funds under G.S. 136-41.1 unless it has formally adopted a budget ordinance in substantial compliance with G.S. 160-410.3, showing revenue received from all sources, and showing that funds have been appropriated for at least two of the following municipal services: water distribution; sewage collection or disposal; garbage and refuse collection or disposal; fire protection; police protection; street maintenance, construction, or right of way acquisition; or street lighting."

Sec. 3 1/2.  The provisions of this Act shall not apply to any municipality incorporated prior to January 1, 1945. ,

Sec 4.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict.

Sec 5.  This Act shall become effective January 1, 1964.

In the General Assembly read three times and ratified, this the 12th day of June, 1963.