NORTH CAROLINA GENERAL ASSEMBLY
1959 SESSION

CHAPTER 361
SENATE BILL 60

AN ACT TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS OF HALIFAX COUNTY TO LEVY A TAX UPON THE PROPERTY IN SCOTLAND NECK, PALMYRA, ROSENEATH AND CONOCONARA TOWNSHIPS IN HALIFAX COUNTY FOR THE OPERATION, MAINTENANCE AND EQUIPPING OF "OUR COMMUNITY HOSPITAL, INCORPORATED," A NON‑PROFIT, CHARITABLE ORGANIZATION.

WHEREAS, "Our Community Hospital," Scotland Neck, North Carolina, was constructed in the year 1948 by Halifax County in cooperation with the North Carolina Medical Care Commission under Chapter 131, General Statutes of North Carolina and the Federal Hill‑Burton Hospital Construction and Survey Act known as Public Law No. 725, and whereas at the request of Halifax County Board of Commissioners, Halifax County was divided into two hospital areas by the North Carolina Medical Care Commission: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. The Board of County Commissioners of Halifax County is authorized and directed, after ten days' notice at the courthouse door and one publication in one or more newspapers published in Halifax County, to order a special election to be held at such time as it may fix to determine the will of the people of Scotland Neck, Palmyra, Roseneath and Conoconara Townships as to whether or not the Board of County Commissioners of Halifax County shall levy a special annual tax not to exceed ten cents (10¢) on each one hundred dollars ($100.00) of the assessed value of the real and personal property taxable in the four townships above‑named and which said tax levy shall not exceed a period of four years in duration. The said tax, if approved by a vote of the people as hereinafter provided, and the proceeds derived from same, shall be set aside and used as a fund for financing the cost of operation, equipment, maintenance, payment of salaries, supplies and any deficit or deficits of the "Our Community Hospital, Incorporated", a nonprofit, charitable organization and hospital operated for the use and benefit of the public and for the treatment of charitable and indigent cases. The question of levying such special annual tax upon the assessed value of the real and personal property taxable in the four townships above‑named shall be submitted to the qualified voters of the said four townships above‑named at an election to be held as hereinafter provided. The rate or amount of such tax or taxes for which the levy may be made hereunder shall be determined by the Board of Commissioners of Halifax County not to exceed ten cents (10¢) on each one hundred dollars ($100.00) of the assessed value of the real and personal property taxable in said four townships above‑named, and a ballot shall be furnished to each qualified voter at said election to be held in said four townships above‑named, which ballot may contain the words "For Hospital Maintenance Tax (briefly stating any other pertinent information)." and "Against Hospital Maintenance Tax (briefly stating any other pertinent information)," with squares in front of each proposition, in one of which squares the voter may make a cross mark (X); but any other form of ballot containing adequate information and properly stating the question to be voted upon shall be construed as being in compliance with this Act. Such election shall be held in the same method and manner and under the same rules and regulations of law as elections held under Article 9 of Chapter 153 of the General Statutes, the same being an Article of the County Finance Act, as amended, and said election may be held at any time fixed by the Board of County Commissioners of Halifax County and regardless of whether the same is held one month before or after, or any other period of time before or after, any regular election for county officers or any other general or special election. It shall not be necessary to order a new registration for the purpose of this election unless the Board of County Commissioners in its discretion shall desire to do so, and said Board of County Commissioners of Halifax County may designate judges, registrars and other election officers for general election purposes to hold and conduct said election but in accordance with the provisions of Article 9 of Chapter 153 of the General Statutes, as amended, the Board of County Commissioners of Halifax County may use the registration books and other election records available in the five precincts of the four townships above-named for the purposes of said election. The tax levy herein provided for shall not be effective unless approved by a majority of those who shall vote in such election for such purposes.
Sec. 2. The tax, taxes or tax levy authorized under Section 1 of this Act shall be in addition to the twenty cents (20¢) levied, authorized, by the Constitution for general purposes in addition to all other taxes levied in said four townships and in addition to all other levies limited by the Constitution. The tax, taxes and tax levy authorized hereunder are hereby declared necessary and to be for a special and necessary public purpose and for the special purpose of maintaining, equipping and operating said hospital as set forth in Section 1 of this Act.
Sec. 3. If said tax levy, as herein authorized, is approved in said election, then the same shall be levied and collected by the Board of County Commissioners of Halifax County in the same manner and method as all other county taxes and the same shall be set aside in a special account and in a special fund for the use and benefit of said hospital, as provided in this Act. The said tax funds shall be disbursed by the Board of Commissioners of Halifax County upon application made by the governing authority of "Our Community Hospital, Incorporated", or its duly authorized administrator, the treasurer, or other proper fiscal agent. The said fund shall be paid out according to the regular fiscal control system of the county and according to vouchers countersigned by the county auditor, but the decision of the governing authority of "Our Community Hospital, Incorporated", or its administrator or other managing agent shall be final as to the objectives and purposes for which said funds shall be used and the amounts needed for such purposes, and said payments may be made at any time during regular office hours whether the Board of Commissioners shall be in session or not.
Sec. 4. The powers granted by this Act shall be in addition to, supplementary, and not as a substitute for, existing powers of said Halifax County to levy taxes to finance the cost of operation, equipment and maintenance of any hospital facilities or any nonprofit, charitable hospital.
Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 6. 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 28th day of April, 1959.