GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	4 

HOUSE BILL 892
Committee Substitute Adopted 5/9/89
Third Edition Engrossed 6/2/89
Fourth Edition Engrossed 6/23/89

Short Title:  Currituck Beautification District.	(Public)
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March 27, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR AN ELECTION IN A PART OF CURRITUCK COUNTY ON THE QUESTION OF ESTABLISHING A COINJOCK CANALS 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 Currituck County may call an election in the Coinjock Canals Area District, described in Section 2 of this act, to submit to the voters in the district the single issue of establishing the Coinjock Canals 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 utility lines.  The Currituck 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 Currituck County Board of Commissioners.
Sec. 2.  Description of District.  The Coinjock Canals Area Beautification District consists of that part of Currituck County including the Moyock, Poplar Branch, Church's Island, Powell's Point, Knotts Island, and Whalehead voting precincts.
Sec. 3.  Ballot.  The Currituck 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 Coinjock Canals Area Beautification District and the levy of an ad valorem tax, not to exceed ten cents (10¢) 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 utility lines.
[ ]	AGAINST creation of the Coinjock Canals Area Beautification District and the levy of an ad valorem tax, not to exceed ten cents (10¢) 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 utility 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 Coinjock Canals Area Beautification District and authorizing the levy and collection of an ad valorem tax in the district, the Currituck County Board of Commissioners shall, upon receipt of a certified copy of the election results, adopt a resolution creating the Coinjock Canals Area Beautification District and shall file a copy of the resolution with the clerk of superior court of Currituck County.  Upon establishing the Coinjock Canals Area Beautification District, the Currituck 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 utility lines, not to exceed ten cents (10¢) 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 utility lines in the district.
Sec. 5.  Nature of District; Governing Body.  If created, the Coinjock Canals Area Beautification District shall be a body politic and corporate and shall have the power to provide for the installation of underground utility lines and do all acts reasonably necessary to fulfill this purpose.  The Currituck 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.